Would I be hurting our chances if I applied for a K-1 now?

[Anh map 2,098]

Off Topic: My suggestion is to spend more time together and gain the comfort needed as a couple to make the move (marriage and her to the US) together. I can empathize with the challenges that you face. HCMC/Vietnam is also a tough place for young women to obtain a tourist visa. There was no way that my fiancee (now wife) would be able to see what it was like in the US prior to arriving on a K1 visa.

You know what the embassy/consulate needs to see for a tourist visa. They aren't going to change. In that case it seems that her comfort with the move has to be addressed. My experience is that it will take time together, wherever that may be.

Best of luck to the both of you.

[Rebecca Jo 1,962]

If you have no intent of marrying and just want to try out life in the U.S.A., you'd be committing visa fraud--using a specific visa for a totally different purpose.

It's that simple. The K-1 visa is NOT meant to be a test drive, no matter what anyone says so. Encouraging such an act is against the VJ TOS as it is illegal.

You already state that it would be "impossible for you to get married within the 90 days" of U.S. entry. THAT is the ONE requirement of the K-1 visa--that the K-1 entree marry her original USC petitioner within 90 days.

While I do understand your situation and realize the bind you are in -- you should not begin the process--a long, exhausting, tiresome, frustrating expensive one--if you can't fulfil the basic requirement of the visa that you're attempting to secure. You're setting yourself up for failure right at the start.

Also, do NOT, under ANY circumstances lie to immigration. Bad, bad idea.

sachinky -

You'd probably be appalled at the number of people who do exactly what you say is visa fraud. They obtain a K1 visa with the "intent" of getting married - getting married if everything works out, that is.

[eclipse115 1]

Another question to ask yourself, do you think she can reasonably navigate the interview? She hasn't been able to successfully navigate an interview for a tourist visa, she may not be able to do it for a K-1 either.

The tourist visa questions look for reasons she may decide to overstay. They likely saw some potential for that and denied.

The K-1 interview will be looking for a real relationship coupled with a genuine intent to marry. There is a good possibility she could give the "wrong" answer since your intentions don't align with what the K-1 is designed to do.

Additionally, have you met her in person?

[Bobby+Umit 161]

- If she does marry you in the 90 days, but hasn't applied for AOS yet, she is out-of-status but not "technically" deportable. She can be detained but not actually deported

Can you show where this is written?

From my understanding of the law, deportation or removal from the US is based entirely on immigration status, not martial status.

Being married does not change the immigration status, only the AOS (by virtue of being married to an USC, in this case) would.

If you get an IJ having a bad day if they find you out of status, your going to have a bad day.

[sachinky 464]

You're right, JQ, I find myself appalled by a large number things greatly. Must be getting old and cranky.

Edited April 8, 2010 by sachinky

[Rebecca Jo 1,962]

You're right, JQ, I find myself appalled by a large number things greatly. Must be getting old and cranky.

No, dear girl You are young and beautiful.

Personally I'm not bothered by what the OP is proposing. I don't think it's illegal and I don't think anything we are discussing violates the TOS. And I feel that way because "intent" can mean many things.

It's been pointed out to the OP that the relationship will have to be "true" to pass muster at the consulate. It's been pointed out that his fiance should not sign a document saying she intends to marry the OP if she doesn't have any intention of doing so.

I am bothered by what I hate to say is an underlying air of "pressure" that this visa would put on the young woman. I would hate to see her feeling somehow beholding to her US partner to marry him if their "intended plan" did not work out.

So - while I have no real immigration problems with what is proposed, I have concerns about the young lady's well being.

[jandk 6]

I am a firm believer to "things happen for a reason" for her to get denied, there is a purpose. sounds like you are to pushy and dont allow her to think for herself. you seem to want it your way and to convince her to come to America isnt a way to show her you care or love her. To try and come onto the forums with the mentality of "I BET THESE GUYS KNOW THE TRICKS OF THE TRADE" its not that people on here dont want to be helpful. but your pushing a BIG decision onto someone who isnt ready. Slow down, relax, breathe and either 1. work on yours and hers relationship and take it one step at a time, or 2. move on from her. If she isnt wanting the same thing you are.. then your spinning your wheels, plenty of people out there with similar interest as you..Sounds like her interest is her own independant life without needing someone to be there to take care of her.

Goodluck -K-1 isnt a way i would approach the problem.. focus on her feelings before yours at times.

[sachinky 464]

Previous post should've read: You're right, JQ, I find myself greatly appalled by a large number of things lately. Told ya, I'm getting old.

Now that you've elaborated on your perspective, I see your point of view perfectly well.

OP, best of luck to you and your intending. I'm sure you will make the right choice for your future together. Good luck!

Edited April 8, 2010 by sachinky

[VanessaTony 3,567]

Can you show where this is written?

From my understanding of the law, deportation or removal from the US is based entirely on immigration status, not martial marital status.

Being married does not change the immigration status, only the AOS (by virtue of being married to an USC, in this case) would.

If you get an IJ having a bad day if they find you out of status, your going to have a bad day.

Yes. Though the K1 is technically "dead" on arrival, it is the status under which you arrived and as long as you have followed it's requirements you are protected from deportation. Not from being hassled. As there is no law governing WHEN AOS must be applied for, only that marriage must occur within 90 days, the immigrant is protected by this "lack of law" rather that there actually being a specific law about it.

I understand your point if it's a simple visitors visa type situation but the K1 has it's own specific laws/rules. The immigrant is protected by the law that states "marry in the 90 days then file AOS as soon as possible". They will detain the immigrant (and lots of fees arise from this) and then the judge will instruct the immigrant to file AOS.

I am in no way suggesting this as a course of action and in fact believe you should marry and AOS ASAP... but the law is on the K1's side if it ever is bought before a judge... which I would hope most people would be smart and do everything in their power to try and avoid.

[pushbrk 12,105]

I am a firm believer to "things happen for a reason" for her to get denied, there is a purpose. sounds like you are to pushy and dont allow her to think for herself. you seem to want it your way and to convince her to come to America isnt a way to show her you care or love her. To try and come onto the forums with the mentality of "I BET THESE GUYS KNOW THE TRICKS OF THE TRADE" its not that people on here dont want to be helpful. but your pushing a BIG decision onto someone who isnt ready. Slow down, relax, breathe and either 1. work on yours and hers relationship and take it one step at a time, or 2. move on from her. If she isnt wanting the same thing you are.. then your spinning your wheels, plenty of people out there with similar interest as you..Sounds like her interest is her own independant life without needing someone to be there to take care of her.

Goodluck -K-1 isnt a way i would approach the problem.. focus on her feelings before yours at times.

A young single woman applying for a tourist visa from Colombia is almost surely going to be denied because of assumed immigrant intent and lack of strong ties to her home country. Navigating the interview is not an issue.

My point is that she hasn't accepted his proposal and he hasn't suggested she's willing to sign a letter saying she has. Without that letter of intent, a K1 visa is out of the question. Beyond that, people who decide to use the K1 visa as a 90 day trial period do so at their own risk.

Somewhere I saw something that indicated they risk (among other things) a "spanking" but I may have misinterpreted MOX on that.

[Rebecca Jo 1,962]

Yes. Though the K1 is technically "dead" on arrival, it is the status under which you arrived and as long as you have followed it's requirements you are protected from deportation. Not from being hassled. As there is no law governing WHEN AOS must be applied for, only that marriage must occur within 90 days, the immigrant is protected by this "lack of law" rather that there actually being a specific law about it.

I understand your point if it's a simple visitors visa type situation but the K1 has it's own specific laws/rules. The immigrant is protected by the law that states "marry in the 90 days then file AOS as soon as possible". They will detain the immigrant (and lots of fees arise from this) and then the judge will instruct the immigrant to file AOS.

I am in no way suggesting this as a course of action and in fact believe you should marry and AOS ASAP... but the law is on the K1's side if it ever is bought before a judge... which I would hope most people would be smart and do everything in their power to try and avoid.

Vanessa,

That is the strangest explanation of K1 status I have ever seen.

Really, marriage hasn't got anything to do with how long a K1 entrant is in status. It's the I94 that governs that.

Marriage is the vehicle by which the K1 entrant may adjust their status. Marriage does not preserve status - it enables an alien to apply for status adjustment.

I'm not beating you up. But I do think you've got it wrong.

[Bernie C 24]

Consider this:

You've been "together" for 18 months (about half of which you've actually spent togehter. That's a great start and has given you a general idea about each other, how intimate is really none or our business.

While you've been apart you have both had much time to consider your futures. That is a good thing. Obviously there is no rushing going on. While this time apart is difficult, it provides time for soul searching and part of that is searching in your hearts for just how strong your feelings and relationship is.

Sadly, there are members here who have been trying for years to be together. Some have fallen to the wayside and given up. Others have made the decision to be truly dedicated to each other no matter what the future holds. Some have moved to foreign countries to be togeher. Some wait daily for good news to break in their case.

I guess the point I'm trying to make is that if the love in your hearts is true, you will overcome any obstacles that may stand in your way, one way or another. During the time you are apart your love will either grow or fade. That in itself may answer some questions.

Whatever decisions the two of you make, I hope it works out best for the both of you. Its wonderful to be in love and even more so when it grows each day over time and forever. It takes two to be in love for love in itself is not so much a feeling in your heart but a willingness to be a part or each others lives. When two people care for other and put forth the effort and dedication to meet and share in each others needs, then the result and the feeling you have each and every day are love.

Sorry if I'm just rambling on - wish you all the best!

[VanessaTony 3,567]

Really, marriage hasn't got anything to do with how long a K1 entrant is in status. It's the I94 that governs that.

Marriage is the vehicle by which the K1 entrant may adjust their status. Marriage does not preserve status - it enables an alien to apply for status adjustment.

1. You ARE out of status once the I-94 expires. That is definite. However there is a kind of unsaid "path to AOS" status... it's not official, it's just there because of the K1

2. The K1 visa permits entry to the US, to marry your petitioner.

3. The rules of the K1 state, arrive, marry, then AOS with petitioner

4. The process isn't "complete" until AOS has been filed for and accepted/denied

5. There is no "AOS due date" and as such you are technically "protected".

6. Because technically your K1 process isn't complete, when you arrive at a deportation hearing, your case is "in process" because you have not been given a chance to file for AOS and they must permit you to do so as there is no AOS "due date" you haven't broken any rules.

7. The main issue is the expired I-94 which puts you "out of status"... technically you broke that "law" but .. ugh it's hard to explain but basically it defers to your entry visa which said you are there to file AOS, and it can be filed "whenever".

It IS bizarre, I didn't say it wasn't, but that's the law or rather, interpretation of the law (and the many many sections of the law).

You should always try and avoid this though. It's way more stress than anyone should wish on anyone.

[Nik+Heather 121]

Can you show where this is written?

From my understanding of the law, deportation or removal from the US is based entirely on immigration status, not martial status.

Being married does not change the immigration status, only the AOS (by virtue of being married to an USC, in this case) would.

If you get an IJ having a bad day if they find you out of status, your going to have a bad day.

Since a spouse of a US citizen is eligible for immediate adjustment of status (Excepting, of course, EWI), they usually would immediately apply for adjustment rather than be deported. It's happened twice that I know of to VJ members - one from a visitor visa here, and one where I cannot find the thread - but he was travelling to renew his passport and got caught. He had come on a K-1, married on time, but was out of status without having filed AOS. Again, there, they were required to file AOS immediately to avoid further trouble.

So yes, marital status can affect the part of deportation where they put you on a one way trip home, but it is no protection to significant legal hassles leading up to that.

Edited April 8, 2010 by Nik+Heather

[pushbrk 12,105]

Since a spouse of a US citizen is eligible for immediate adjustment of status (Excepting, of course, EWI), they usually would immediately apply for adjustment rather than be deported. It's happened twice that I know of to VJ members - one from a visitor visa here, and one where I cannot find the thread - but he was travelling to renew his passport and got caught. He had come on a K-1, married on time, but was out of status without having filed AOS. Again, there, they were required to file AOS immediately to avoid further trouble.

So yes, marital status can affect the part of deportation where they put you on a one way trip home, but it is no protection to significant legal hassles leading up to that.

The Catch 22 in all this discussion of adjusting status is that the K1 after marriage, cannot adjust status on their own. They MUST have the cooperation of the original petitioner and a qualified sponsor. So, you betcha they are deportable after the I-94 expires. Those with a cooperative petitioner/spouse and qualified sponsor with the funds and wherewithal to accomplish an AOS filing, simply have a way to avoid deportation if the issue comes up. Who can guarantee a cooperative petitioner/spouse and qualified sponsor for any of these folks? Nobody? I thought so. As such, I think it's foolish to consider them anything but deportable.

We're way ahead of ourselves though as in the OP's case no petition has even been filed.