Jump to content
Sign in to follow this  
Aor and Bartek

File for K1 or not ?

4 posts in this topic

Recommended Posts

Hello everyone. I hope someone can help me with my little dilemma.

I am leaving to Thailand next month for my wedding. My original plan was to apply for K1 visa for my girl and officially marry here in US and change her status. I do not want to go to amphur and legalize this marriage while in Thailand. I have my application already filled out with all supporting evidence. I know her for 10 years and we have visited each other few times. However, she has R A1, A2 business/pleasure visa valid for 10 years sponsored by the corporation she works for in Bangkok. When she visited me last time, her stamp was only valid for 2.5 months. Almost everyone tells me to forget about K1 visa and for her to come to US and marry here, but I'm afraid that this route might not go well with immigration officer who will handle the change of status. Our plan is for her to move to US in April/May of next year so the so the time frame has no relevance.

What should I do?

Send out K1 and risk her business visa to be suspended or just wait until April, have her travel here on business visa and marry here.

Is it true that from the time she enters US on either visa, her immigration proceedings are the same? ie: change status, apply for SS and so on...

How soon can she apply for SS and drivers license here? Is it right after the change of status request?

I really do not want to put her in any additional stress caused by doing something illegal. I have read articles online that it can get to the situation where she might be deported from US if we will file for Adjustment of Status. Any advice would be greatly appreciated. Thank You.

ps: she is a Thai national and I am naturalized US citizen. :)

Share this post


Link to post
Share on other sites
Hello everyone. I hope someone can help me with my little dilemma.

I am leaving to Thailand next month for my wedding. My original plan was to apply for K1 visa for my girl and officially marry here in US and change her status. I do not want to go to amphur and legalize this marriage while in Thailand. I have my application already filled out with all supporting evidence. I know her for 10 years and we have visited each other few times. However, she has R A1, A2 business/pleasure visa valid for 10 years sponsored by the corporation she works for in Bangkok. When she visited me last time, her stamp was only valid for 2.5 months. Almost everyone tells me to forget about K1 visa and for her to come to US and marry here, but I'm afraid that this route might not go well with immigration officer who will handle the change of status. Our plan is for her to move to US in April/May of next year so the so the time frame has no relevance.

What should I do?

Send out K1 and risk her business visa to be suspended or just wait until April, have her travel here on business visa and marry here.

Is it true that from the time she enters US on either visa, her immigration proceedings are the same? ie: change status, apply for SS and so on...

How soon can she apply for SS and drivers license here? Is it right after the change of status request?

I really do not want to put her in any additional stress caused by doing something illegal. I have read articles online that it can get to the situation where she might be deported from US if we will file for Adjustment of Status. Any advice would be greatly appreciated. Thank You.

ps: she is a Thai national and I am naturalized US citizen. :)

Many people do come to the US on a visitor's visa, get married, and apply for AOS. The thing that determines whether or not this is legal is intent. If they enter the US with every intention of leaving before their I-94 expires, but end up getting married, then it's legal. If they enter the US with the intention of getting married and applying for AOS, then it's illegal - using a non-immigrant visa for immigration - visa fraud. If USCIS believes that she intended to marry and adjust status when she entered, then they'll determine she's guilty of misrepresentation - she could be deported and receive a lifetime ban from the US. You would have the burden of proving to USCIS that this was not her intention when she entered the US, which might be difficult if you've known her for 10 years, you've visited each other several times, and you are now engaged. It would be better not to risk it, and pursue either a fiancee or spousal visa.

Getting married without getting it registered at the amphur can be an iffy thing when a K1 visa is involved. Petitions have been denied by USCIS when evidence of the "unofficial" wedding was presented, and consulates have denied visas just because the beneficiary referred to the petitioner as her "husband". You should check the regional forum for advice on how to handle an unofficial wedding in Thailand when dealing with USCIS and the consulate. There is a very formal engagement ceremony in Vietnam that might look very much like a wedding to the uninitiated, but the consulate in Vietnam is well aware of the tradition, and even expects an engaged couple to have gone through it. However, they are also well aware of the wedding ceremony, and have denied visas when couples have had the wedding ceremony even when it wasn't registered. If you decide to go for a K1 visa then you might want to reconsider the wedding ceremony.

She can apply for a social security card as soon as she arrives with a fiancee or spousal visa. Some Social Security offices aren't aware that a K1 visa holder can apply for a card, so the guides on this site advise bringing a copy of the relevant policy to the office with you.

The requirements to get a driver's license vary from state to state. Many states require proof of legal residency.


12/15/2009 - K1 Visa Interview - APPROVED!

12/29/2009 - Married in Oakland, CA!

08/18/2010 - AOS Interview - APPROVED!

05/01/2013 - Removal of Conditions - APPROVED!

Share this post


Link to post
Share on other sites
Hello everyone. I hope someone can help me with my little dilemma.

I am leaving to Thailand next month for my wedding. My original plan was to apply for K1 visa for my girl and officially marry here in US and change her status. I do not want to go to amphur and legalize this marriage while in Thailand. I have my application already filled out with all supporting evidence. I know her for 10 years and we have visited each other few times. However, she has R A1, A2 business/pleasure visa valid for 10 years sponsored by the corporation she works for in Bangkok. When she visited me last time, her stamp was only valid for 2.5 months. Almost everyone tells me to forget about K1 visa and for her to come to US and marry here, but I'm afraid that this route might not go well with immigration officer who will handle the change of status. Our plan is for her to move to US in April/May of next year so the so the time frame has no relevance.

What should I do?

Send out K1 and risk her business visa to be suspended or just wait until April, have her travel here on business visa and marry here.

Is it true that from the time she enters US on either visa, her immigration proceedings are the same? ie: change status, apply for SS and so on...

How soon can she apply for SS and drivers license here? Is it right after the change of status request?

I really do not want to put her in any additional stress caused by doing something illegal. I have read articles online that it can get to the situation where she might be deported from US if we will file for Adjustment of Status. Any advice would be greatly appreciated. Thank You.

ps: she is a Thai national and I am naturalized US citizen. :)

Entering the US on her current visa with the INTENT to get married AND adjust status and stay, is a serious violation of immigration law. So is lying on any immigration form. You would have to tell multiple lies to pull this off and I doubt you would get away with it. The penalty for what you are suggesting is deportation for her, a permanent bar to any US visa and possible criminal charges for you. Sound interesting? You have had this relationship for 10 years and will risk that for a 10 month CR-1 process?

Probably best is to go ahead and marry her in Thailand, register the marriage, then file for a CR-1 visa. Or you could file the K-1 but then you cannot get married in Thailand.


VERMONT! I Reject Your Reality...and Substitute My Own!

Gary And Alla

Share this post


Link to post
Share on other sites

My wife and I did just this. We got married in Thailand, but it was just a religious ceremony, no registration at the amphur. My then fiance brought photos from the reception to the interview. They go a long way in proving it's a bona fide relationship. You do have to stress to the interviewer, that you didn't register your marriage if they don't ask it directly.

The K1 visa was a very straight forward and relatively quick process. I would recommend this path instead of getting married while on a tourist visa. As mentioned, you'd then have to lie to prove there was no intent.

Good luck.

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
Sign in to follow this  
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×