K1 Visa or just get married...????

[Ellie-and-David 38]

Hi Guys,

I am kind of new to all of this and must admit, I am finding a whole wealth of information out there about applying for a Visa and the processing times. But it's all so confusing!

I met my partner online in Jan, went out to see him in September in Florida and he is coming here (the uk) at Christmas to meet my family.

We know we want to be together and know, given i have a good level of education but am unlikely to be able to obtain a visa for a specialised skills section, the only way for us to do this is to get married.....not something that fazes either if us, because we want to!

What I am confused about is this.

Would it just be easier for us to get married when i go on a planned visit in March and try and stay there and get approved? Does it take longer for the process to go ahead? And during this process of approval to adjust my status would i be able to work?

I honestly dont know what to do. I look at some of these timelines and BOY! are they scary. We already took it so slowly and are finding it hard being apart. But i wouldnt want to put my partner in a situation where he would be the sole provider for an unknown period whilst an adjustment goes ahead.

The other thing that worries me.....if we did go down the K1 route and applied tomorrow, would they let me into the country for a planned visit in March? or would they be unlikely to approve it because I am trying to marry a citizen?

Has anyone gone through this themselves? Any and all help and advice is appreciated before we hurry head long into either the K1 process or plan to get married on entry in March.

Thanks

Ellie

[myperfectflaw 11]

Hi Guys,

I am kind of new to all of this and must admit, I am finding a whole wealth of information out there about applying for a Visa and the processing times. But it's all so confusing!

I met my partner online in Jan, went out to see him in September in Florida and he is coming here (the uk) at Christmas to meet my family.

We know we want to be together and know, given i have a good level of education but am unlikely to be able to obtain a visa for a specialised skills section, the only way for us to do this is to get married.....not something that fazes either if us, because we want to!

What I am confused about is this.

Would it just be easier for us to get married when i go on a planned visit in March and try and stay there and get approved? Does it take longer for the process to go ahead? And during this process of approval to adjust my status would i be able to work?

I honestly dont know what to do. I look at some of these timelines and BOY! are they scary. We already took it so slowly and are finding it hard being apart. But i wouldnt want to put my partner in a situation where he would be the sole provider for an unknown period whilst an adjustment goes ahead.

The other thing that worries me.....if we did go down the K1 route and applied tomorrow, would they let me into the country for a planned visit in March? or would they be unlikely to approve it because I am trying to marry a citizen?

Has anyone gone through this themselves? Any and all help and advice is appreciated before we hurry head long into either the K1 process or plan to get married on entry in March.

Thanks

Ellie

If you enter the US on a visitor's visa with the intention of getting married, you are committing visa fraud. There are other ways to do it besides the K-1, but they all take time and being apart from your loved one. It sucks, but it's a small price to pay to eventually be with them when everything is said and done.

The immigration process requires the USC to support the immigrant because there is a time period when you will not be able to work (not to mention future situations that might come up). Immigration is expensive and you should be aware that it is very likely you will spend a couple months here before you're able to work and your other half will need to support you. If this isn't something that he is able to do then immigration to the US is probably not a feasible idea. Be prepared to pay a lot of money and spend a lot of time waiting on this process. In the meantime, do what you can on your end to save to help get through that time period as smoothly as possible. You'll probably have a good 6+ months of waiting from the time you file K-1 til you get here as it is, lots of time to help offset that financial burden you two will experience for the time you're unable to work.

Good luck!

[Liam and Kara 6]

Hi Guys,

I am kind of new to all of this and must admit, I am finding a whole wealth of information out there about applying for a Visa and the processing times. But it's all so confusing!

I met my partner online in Jan, went out to see him in September in Florida and he is coming here (the uk) at Christmas to meet my family.

We know we want to be together and know, given i have a good level of education but am unlikely to be able to obtain a visa for a specialised skills section, the only way for us to do this is to get married.....not something that fazes either if us, because we want to!

What I am confused about is this.

Would it just be easier for us to get married when i go on a planned visit in March and try and stay there and get approved? Does it take longer for the process to go ahead? And during this process of approval to adjust my status would i be able to work?

I honestly dont know what to do. I look at some of these timelines and BOY! are they scary. We already took it so slowly and are finding it hard being apart. But i wouldnt want to put my partner in a situation where he would be the sole provider for an unknown period whilst an adjustment goes ahead.

The other thing that worries me.....if we did go down the K1 route and applied tomorrow, would they let me into the country for a planned visit in March? or would they be unlikely to approve it because I am trying to marry a citizen?

Has anyone gone through this themselves? Any and all help and advice is appreciated before we hurry head long into either the K1 process or plan to get married on entry in March.

Thanks

Ellie

If you enter the US on a visitor's visa with the intention of getting married, you are committing visa fraud. There are other ways to do it besides the K-1, but they all take time and being apart from your loved one. It sucks, but it's a small price to pay to eventually be with them when everything is said and done.

The immigration process requires the USC to support the immigrant because there is a time period when you will not be able to work (not to mention future situations that might come up). Immigration is expensive and you should be aware that it is very likely you will spend a couple months here before you're able to work and your other half will need to support you. If this isn't something that he is able to do then immigration to the US is probably not a feasible idea. Be prepared to pay a lot of money and spend a lot of time waiting on this process. In the meantime, do what you can on your end to save to help get through that time period as smoothly as possible. You'll probably have a good 6+ months of waiting from the time you file K-1 til you get here as it is, lots of time to help offset that financial burden you two will experience for the time you're unable to work.

Good luck!

Hi Guys

I am litterally in the same boat, my fiance lives in the USA i was over in May for a visit, all went great best two weeks of my life, had arranged to go over for extended stay last weekend for 3 month on travel visa, and was denied entry into the country and sent back like some criminal on the next flight home. I am finding out that it does and will take time to organise, my fiance is coming over to uk in a few weeks which will help, what i defo suggest you dont do is say that your are thier to see your fiance as i did, or that you have plans eventually to stay in the USA with them like i did, you will be on the next flight home....apply for the K1 visa straight away.....you fiance in states will have to file for I-129F FIRST OF ALL then is just a case of waiting......i know it is hard but thems the breaks...now whether you can arrange a visit over i suspect you will be able to but dont be to haste in getting married when there or over staying your welcome in the long run i dont think it will do any good. get your fiance to come to you as well tis will i am told help your app. hope this helps anything else you need to know i will try to answer, best advice is just read the guides and if you need info add to forum everyone is in the same boat or has been and they are very helpful.

good luck

Liam & Kara

[payxibka 10,048]

If you enter the US on a visitor's visa with the intention of getting married, you are committing visa fraud.

I do not know why people continue to say this... there is no visa fraud to come to the US to get married.... The problem is if you come to the US and enter on a non-immigrant visa (or visa program) with the intention to immigrate permanently on that visit. It is the use of a non-immigrant visa to circumvent immigration law that is the problem... not simply the marriage event... Subtle (maybe not so subtle) but important difference!!!!!!!!!!

[villaspurs 65]

If you enter the US on a visitor's visa with the intention of getting married, you are committing visa fraud.

I do not know why people continue to say this... there is no visa fraud to come to the US to get married.... The problem is if you come to the US and enter on a non-immigrant visa (or visa program) with the intention to immigrate permanently on that visit. It is the use of a non-immigrant visa to circumvent immigration law that is the problem... not simply the marriage event... Subtle (maybe not so subtle) but important difference!!!!!!!!!!

True, and there are cases where this is applicable. Based on the OP's situation, however, it does seem that she intends to come on a visitor's visa with the intention of marrying and staying. That is visa fraud. Coming over, getting married, and leaving during the K3 process would be perfectly legit.

[KimandRuss 0]

marriage and immigrating are two completely different things. As pay suggested, it is the intent to immigrate that is illegal. However, depending on the officer at the POE, letting them know your intention to marry a US citizen will most likely throw up a red flag for your 'intent to immigrate' and therefore may give you problems when trying to enter.

The K1 process will most likely be the quickest course for you to be together quickly. If you can get all of the documents you need gathered right now you can get it sent off asap and hopefully will have your visa shortly after your intended visit in March.

Have a read through the GUIDES at the top and simply go down the checklist. There are example forms to help you out here as well. The 'search' feature is also a great option if you have any questions.

good luck.

[LuckyDucky 0]

Would it just be easier for us to get married when i go on a planned visit in March and try and stay there and get approved?

As others have stated, entering the country on a non-immigrant visa (eg tourist, educational, work, etc) with the intent to marry and stay is considered fraud. Marrying someone while visiting is ok, but you can't legally stay and adjust. You can attempt to marry, stay, and prove your case that it was spontaneous, but there are some dire consequences if you get caught, including the foreign national receiving a permanent ban from entering the US again.

Not saying that you knowlingly knew this before. I'm sure the question was an innocent one, but I wanted to make sure you know the potential consequences if you decide to go that route.

And during this process of approval to adjust my status would i be able to work?

While you are adjusting status to green card, you are unable to work. However, when you apply for your green card, you can apply for an Employment Authorization Document (I think that's the full name - EAD for short) which will allow you to work while your green card is being processed. Just know that the EAD does take time to process, too. So there will be a time when you're not allowed to work.

The other thing that worries me.....if we did go down the K1 route and applied tomorrow, would they let me into the country for a planned visit in March? or would they be unlikely to approve it because I am trying to marry a citizen?

Unfortunately, I don't have any first-hand knowledge of this. I've heard that if you can prove sufficient ties to your country that ensures you will return at the end of your visit, you should be ok. However, I have heard of people turned away at the airport in the US.

[pushbrk 13,611]

If you enter the US on a visitor's visa with the intention of getting married, you are committing visa fraud.

I do not know why people continue to say this... there is no visa fraud to come to the US to get married.... The problem is if you come to the US and enter on a non-immigrant visa (or visa program) with the intention to immigrate permanently on that visit. It is the use of a non-immigrant visa to circumvent immigration law that is the problem... not simply the marriage event... Subtle (maybe not so subtle) but important difference!!!!!!!!!!

Correct. The course of action the OP proposes is visa fraud, not because of the marriage but because of the "and try to stay...." part.

[himher 634]

Concur. The OP did express intent to enter on visa waiver for the sole purpose of getting married / adjusting status to avoid the processing wait for the K visa

If you enter the US on a visitor's visa with the intention of getting married, you are committing visa fraud.

I do not know why people continue to say this... there is no visa fraud to come to the US to get married.... The problem is if you come to the US and enter on a non-immigrant visa (or visa program) with the intention to immigrate permanently on that visit. It is the use of a non-immigrant visa to circumvent immigration law that is the problem... not simply the marriage event... Subtle (maybe not so subtle) but important difference!!!!!!!!!!

[RyLee012 0]

I'd just do the K-1

[David Allen 3]

Hi Guys,

I am kind of new to all of this and must admit, I am finding a whole wealth of information out there about applying for a Visa and the processing times. But it's all so confusing!

I met my partner online in Jan, went out to see him in September in Florida and he is coming here (the uk) at Christmas to meet my family.

We know we want to be together and know, given i have a good level of education but am unlikely to be able to obtain a visa for a specialised skills section, the only way for us to do this is to get married.....not something that fazes either if us, because we want to!

What I am confused about is this.

Would it just be easier for us to get married when i go on a planned visit in March and try and stay there and get approved? Does it take longer for the process to go ahead? And during this process of approval to adjust my status would i be able to work?

I honestly dont know what to do. I look at some of these timelines and BOY! are they scary. We already took it so slowly and are finding it hard being apart. But i wouldnt want to put my partner in a situation where he would be the sole provider for an unknown period whilst an adjustment goes ahead.

The other thing that worries me.....if we did go down the K1 route and applied tomorrow, would they let me into the country for a planned visit in March? or would they be unlikely to approve it because I am trying to marry a citizen?

Has anyone gone through this themselves? Any and all help and advice is appreciated before we hurry head long into either the K1 process or plan to get married on entry in March.

Thanks

Ellie

Hi Ellie,

The K1 is the quickest route to a visa. I thought about getting married in Thailand, but sadly, the K3 process turns out to be several months longer than the K1. Unfortunately for most people there are no shortcuts, so the best bet is to get the paperwork started as soon as you can. Being from the UK I wouldn't expect that you would have any trouble visiting the US while you were going through the visa process.

Good Luck.

-David

[Bob-KhaHan 1]

As others mentioned, I would go the K-1 route. During the application process, I would suggest that he go see you in the UK to avoid any issues. Your tourist visa may be rejected if there was any suspicion that you may not return to your country.

If you're concerned about finances, then try saving as much as you can while you're in the UK. The value of the pound is stronger right now so it would be a good time to take advantage of that.

[msu17 0]

To add, yes you CAN visit. Those that get turned away are those that are planning on staying almost the full 3 months. If you come just for a few weeks, you should be ok. Obviously it's totally up to the border patrol whether they let you in, but lots of people succesfully visit during the K1. Just be prepared to be sent home if they think you may be attempting to stay. Keep in mind that you want to be honest, but not over honest with border patrol. They don't need to know every detail of your life.

[Slightly Bonkers 0]

If you are in the UK, and are considering visiting the US during your K1 process, consider travelling through Ireland. Some flights do Immigration in Dublin/Shannon and therefore, if refused, you only need to pay for a trip from Ireland to UK rather than from the US. Do double check the flights however as only some Irish flights do Immigration Eireside.

ETA: I made a mid-K1 visit Ireland to Chicago (POE in Dublin) with ridiculously little issues. I was so so nervous, and it was so fine. Just my experience

Edited October 29, 2008 by Slightly Bonkers

[myperfectflaw 11]

If you enter the US on a visitor's visa with the intention of getting married, you are committing visa fraud.

I do not know why people continue to say this... there is no visa fraud to come to the US to get married.... The problem is if you come to the US and enter on a non-immigrant visa (or visa program) with the intention to immigrate permanently on that visit. It is the use of a non-immigrant visa to circumvent immigration law that is the problem... not simply the marriage event... Subtle (maybe not so subtle) but important difference!!!!!!!!!!

I understand that, I was responding directly to the OP's situation, and while I may have misunderstood her intentions, it def read to me that she was asking about coming over on a tourist visa to marry and stay (as opposed to marry and return and wait it out that way). Hence, my additional comment about other ways besides the K-1 (K-3, CR-1, etc), but they all cost time and money. Otherwise, yes, you are correct.