K1 Visa - Entered US without obtaining prior approval

[NewYorkSydney 0]

ok so a friend of mine applied for a K1 visa and submitted all the paperwork and received a NOA1 she waited around 4 months and there was no response on approval. She had already booked her wedding for October this year and had family and friends flying over.

As she didnt have approval and against my advice she decided to enter the US on a visa waiver from Australia. She will still be married in October even though she did not attend an interview or obtain approval for the K1 visa.

My thoughts are that she is planning on submitting her paperwork again while in the US after she is married. My question is wont they know she already had a pending application and that she knew the correct process and still went ahead? Will the fact she had a pending application cause her damage or will it be ok?

[ryna 132]

Yes, she's toast if she does that unless she leaves after the wedding and goes through the CR-1 process from outside the USA.

It's not illegal to get married here on a VWP. It's illegal to AOS if she entered with the intent to stay.

[NigeriaorBust 4,087]

She should leave the country and file and wait for a CR1 visa. It will be nearly impossible for her to prove that she didn't have immigration intent with a K1 on file and a big wedding planned. If she attempts to file AOS after the wedding it will most likely be denied and she could be in big trouble to misrepresenting her intent when she entered the country. If she doesn't misrepresent her intent ( tell them at the airport that she is coming to get married ) there is a high chance she won't get in . There is a chance she will be turned around anyway which is a big bummer if you are heading to your wedding.

[Penny Lane 8,159]

ok so a friend of mine applied for a K1 visa and submitted all the paperwork and received a NOA1 she waited around 4 months and there was no response on approval. She had already booked her wedding for October this year and had family and friends flying over.

As she didnt have approval and against my advice she decided to enter the US on a visa waiver from Australia. She will still be married in October even though she did not attend an interview or obtain approval for the K1 visa.

My thoughts are that she is planning on submitting her paperwork again while in the US after she is married. My question is wont they know she already had a pending application and that she knew the correct process and still went ahead? Will the fact she had a pending application cause her damage or will it be ok?

I'm not entirely sure how this will work. I'm interested to see what her options are, hopefully someone here can answer your questions.

Won't she have to prove that she didn't go to the US with the intention of getting married?

[pushbrk 12,102]

ok so a friend of mine applied for a K1 visa and submitted all the paperwork and received a NOA1 she waited around 4 months and there was no response on approval. She had already booked her wedding for October this year and had family and friends flying over.

As she didnt have approval and against my advice she decided to enter the US on a visa waiver from Australia. She will still be married in October even though she did not attend an interview or obtain approval for the K1 visa.

My thoughts are that she is planning on submitting her paperwork again while in the US after she is married. My question is wont they know she already had a pending application and that she knew the correct process and still went ahead? Will the fact she had a pending application cause her damage or will it be ok?

First, based on what you say, she applied for nothing. Her fiance filed a petition in her behalf. If they marry, and she doesn't overstay her visitor privilege, they will simply embark on a new spouse visa process. What she should avoid doing is to try to adjust her status instead of leaving on time and pursuing a spouse visa. That's where her pending fiancee visa process could get her into trouble. So far, she's done nothing wrong. The K1 visa is about marriage and staying in the USA after. No special visa is required for marriage if you leave after the marriage without overstay.

[NewYorkSydney 0]

Thanks for all your feedback.. I told her the same thing.

She has already entered the US last week and did not mention anything about marriage at the airport. .She does not intend to leave the US to file for a spouce visa either.. She just does not understand the process and thinks there is a way around it all. She also spoke to an immigration lawyer who promised her that he could help her.. I think he is just after money.

[pushbrk 12,102]

Thanks for all your feedback.. I told her the same thing.

She has already entered the US last week and did not mention anything about marriage at the airport. .She does not intend to leave the US to file for a spouce visa either.. She just does not understand the process and thinks there is a way around it all. She also spoke to an immigration lawyer who promised her that he could help her.. I think he is just after money.

She may well be successful but she should be prepared to answer questions about her intent upon arrival. The key will be the questions and answers at the boarder upon her last arrival. If there is no misrepresentation, she'll be fine. Failing to mention a planned wedding is not misrepresentation. Only if she were directly asked about a fiance or wedding and then lied, would this be a problem. Hopefully the details of her entry inspection were disclosed to the attorney as they are none of our or your business.

[JimVaPhuong 4,863]

Having a pending K1 petition is evidence that there may be preconceived intent to immigrate when she enters the US. They might suspect this when she enters, and they might specifically ask her about it. If she confirms that she intends to immigrate then she'll be denied entry. If she denies that she intends to immigrate then she may be allowed to enter.

If she subsequently marries and files an AOS petition then that will confirm the preconceived intent to immigrate. They won't deny her AOS solely on this basis, but they will deny it if she had to lie about her intent when she entered. Because of the VWP entry, she will not be able to appeal the decision by USCIS. The material misrepresentation will probably result in a ban from the US, potentially for the rest of her life. Her husband can still file a CR1 petition, but they'll need to try to get a hardship waiver to overcome the ban at the consulate.

I'm not going to give odds on the above scenario because I don't know what the odds are, but the risk is real. There is no similar risk with a K1 or CR1 visa. If it was important for them to plan a big wedding and invite lots of family members then they should not have filed a K1 petition. The timing is not predictable enough. They should have held off filing anything, had their big wedding in the US, and then she could leave the US and wait out a CR1. They could even burn off much of the waiting time with a honeymoon abroad.

[Penny Lane 8,159]

She is looking at a possible ban from the United States if she did not disclose her true intention when entering the country. You cannot simply go to the United States, get married, and live happily ever after. There's procedure to be followed. I doubt an immigration lawyer will be able to do anything for her. She's clearly breaking the rules and has no intention of doing anything the proper way.

[JimVaPhuong 4,863]

Thanks for all your feedback.. I told her the same thing.

She has already entered the US last week and did not mention anything about marriage at the airport. .She does not intend to leave the US to file for a spouce visa either.. She just does not understand the process and thinks there is a way around it all. She also spoke to an immigration lawyer who promised her that he could help her.. I think he is just after money.

Did she bring her wedding dress with her, or anything else related to the wedding or required for the AOS filing (birth certificate, divorce decree, whatever)? Was there a polite pale blue card from TSA in her luggage indicating it had been 'inspected'? If so, then they already know.

[NewYorkSydney 0]

Did she bring her wedding dress with her, or anything else related to the wedding or required for the AOS filing (birth certificate, divorce decree, whatever)? Was there a polite pale blue card from TSA in her luggage indicating it had been 'inspected'? If so, then they already know.

I am quite sure she had her wedding dress with her.. I am worried for her I guess as she doesnt understand the real implications.

Sometimes though people get away with things and then the poor people that process it the correct way have to sit and wait and be patient.

[Penny Lane 8,159]

I am quite sure she had her wedding dress with her.. I am worried for her I guess as she doesnt understand the real implications.

Sometimes though people get away with things and then the poor people that process it the correct way have to sit and wait and be patient.

Yikes. They probably already know, then, if her baggage was looked at.

People who break the rules are the reason this process is so ridiculous for the people who want to do things the right way.

Edited August 18, 2010 by Coconuts

[Prawninator 138]

Yikes. They probably already know, then, if her baggage was looked at.

People who break the rules are the reason this process is so ridiculous for the people who want to do things the right way.

Took the words right out of my mouth. Unless well... they were in yours already, then great minds think alike.

[NewYorkSydney 0]

I also just found out that her application for I-129F was approved on the 16th of August.. My advice to her would be to go home and attend and interview and try and make it back before her wedding..

[Prawninator 138]

I also just found out that her application for I-129F was approved on the 16th of August.. My advice to her would be to go home and attend and interview and try and make it back before her wedding..

NOA2? Things will move pretty fast then after... Not sure if it'll DEFINITELY be before her wedding in October, but if I were her, I'd take the risk. And by risk I mean going back to her home country to do the interview etc.

Edited August 18, 2010 by P&K