Why the advice against K1?

[Liz&Nate 23]

Hello VJ'ers!

I recently got engaged to a USC I have been dating for almost a year and a half. We are thrilled. The first question that came up, since I am a Mexican national, was about the fastest legal way to get married. We have been through 3 lawyers so far. The first two didn't even mention the K1 visa. We were advised to use my B1/B2, wait at least 30 days, get married and then wait two months before AOS'ing. The third one mentioned the K1 but only in passing, saying that it was strictly for people who were unable to procure a B1/B2 and therefore had no way to get into the country.

We had already made wedding plans, but something didn't quite add up for me. Since the last thing I wanted to do was get my fiance into trouble I started researching on my own. I came across VJ a couple of days ago. That was when I realized that the K1 appears to be the one option to legally enter the country with intent to get married.

Now, I am being criticized by friends and relatives because I talked my fiance into this process. I am being told I am daft, because AOS'ing from B1/B2 is supposed to be so easy. All I know is that I don't want to jeopardize our chances at being together just to get ahead a few months.

My question is, why does there seem to be so much advice against going through the legal process of getting a K1? Is it really that easy to AOS from b1/b2? Am I making too much of a big deal out of it? I don't think so, but I would appreciate your opinions very much.

[AmyWrites 593]

DO NOT get married on a tourist visa... it can be considered fraud if there was intent of marriage. Let's hope they don't fish for your internet posts because if they do, you're out of that option.

Get a K1 visa and don't risk fraud.

[Amy and Nick 37]

An AOS is a relatively easy process, but only if you entered the US without immigration intent. If you enter the country on a B1/B2 with the intention of immigrating, that IS visa fraud.

You are making the right choice to not jeopardise your future. Chances are you could get away with it, but its not worth the risk in my eyes.

When speaking of a K1 visa though, its a fine route but it does involve a lengthy period after you enter the US, not to mention a huge amount of fees.

Consider the CR-1. Just a thought!

[Krikit 1,163]

The third one mentioned the K1 but only in passing, saying that it was strictly for people who were unable to procure a B1/B2 and therefore had no way to get into the country.

I'm a Canadian who doesn't (didn't) even need a visa to get into the US and I came here on a K-1.

I'm going to move your thread from the K-1 Process forum to the General Immigration Forum until you determine which visa you are going to apply for. Check out the guides in the tabs at the top of the page. They'll help you determine which visa is right for you. Welcome to VJ!

[VanessaTony 3,567]

AOSing from a B1/B2 in your case would be illegal. One sign of this would be to enter POE and say "I'm planning on marrying my fiance and adjusting status while in the US". You would be DENIED entry. Try applying for a B1/B2 visa and saying the same thing... Your visa would be denied. If it was really okay would it be denied? Would you have to lie? People are risking your status and future happiness for something they *think* is easier. You are being FAR more responsible. Waiting several months is better than being apart for the rest of your life thanks to a lifetime ban for lying.

I don't know how much a B1/B2 visa is for you but a K1 IS more expensive I'm sure. You're looking at around: $800 to get the K1 visa (this is for the police checks, medical, visa fees), then $1070 for adjustment of status. It also will take roughly 8 months (really depends on your country. Some are quick, some are slow.. due to the amount of visas applied for).

If you went the B1/B2 visa route you pay for that THEN you pay for the I-130 (which is $420) as well as AOS ($1070). You also need to pay for a complete medical including immunisations, you need to get police checks from everywhere you've lived per this table: http://www.visajourney.com/forums/index.php?app=core&module=attach&section=attach&attach_rel_module=post&attach_id=12657 . So price wise I really think it's comparable.. you'd have to do a full comparison to know for sure.

The K1 DOES mean you'll be apart for longer than if you went the B1/B2 route BUT if you went the B1/B2 route and you admitted it was your plan all along to AOS from the B1/B2 then you would be denied and get a lifetime ban for misrepresentation. Someone AOSing from the K1 doesn't always have an interview because they had their interview for the K1, AOSing from a B1/B2 you would definitely have an interview.

Some people don't care about that. Some people don't care that they're risking a lifetime apart from their spouse because they think they're invincible and that it'll never happen to them (being caught that is). Then they complain about how it's not fair.

There is always the Cr-1 option but that means being apart from your spouse for however long it takes to process. BUT it does give you the chance to work immediately on entry. As you're not currently together and not currently married the $900 price difference between K1 an CR-1 might be eaten up by cost of flights. For Tony and I the idea of being apart for almost the entire first year of marriage was enough to say no the CR-1.

Edited March 14, 2011 by Vanessa&Tony

[Udella&Wiz 325]

The fastest way to screw your chances are to do something illegal - such as coming here as a 'pretend' tourist knowing you want to get married. You don't need a lawyer and certainly not the ones who are telling you to do something illegal.

S0 - if you prefer the wait to be before the wedding - go for K1 - you'll get married once you arrive after the VISA interview in your home country. You will have to be married within the US so your family will have to come here.

If you prefer to marry when you wish back home and then wait (at home)....plan your wedding, have the big day and then apply for the CR1 from Mexico. You will live apart until the VISA is approved....you in Mexico, spouse in the US.

Both involve waiting no matter what...it just depends on what you prefer. You may find some extra info in the regional forum for Mexico about timelines and what to expect.

You should be able to visit one another during either of these processes as long as you provide strong ties to home and immigration doesn't think you're trying to sneak in or circumvent the rules

[iampatricias 17]

I'm also in Canada, doing the K1 route because everyone we talked to insisted it was too risky to enter on any other visa and then try to prove no intent to immigrate when applying to AOS. It's pretty straightforward, and a good route for couples who didn't know each other before entering the States, but otherwise, the suspicion of fraud is very high.

[gretchen_darren 67]

Find a lawyer and follow their advice. No matter what you do, or you are planning to do, legal representation is probably best in your case. I do not always recommend a lawyer, but your case is so muddy, no matter how you still it, you ar egoing to get questions especially if you have a b1/b2 visa at present.

[Liz&Nate 23]

I'm a Canadian who doesn't (didn't) even need a visa to get into the US and I came here on a K-1.

I'm going to move your thread from the K-1 Process forum to the General Immigration Forum until you determine which visa you are going to apply for. Check out the guides in the tabs at the top of the page. They'll help you determine which visa is right for you. Welcome to VJ!

Thanks for the welcome! We are definitely going for the K-1. I was very eager to find out if I was doing the right thing. I found your reply very interesting because it was that one statement (only people who can't procure tourist visas need a K-1) that sounded ludicrous enough to get me researching. It sounds so fake now. Shame on the "professionals" who would take money to give potentially damaging advice.

[max+patricia 24]

We also got some static from people about doing the K-1, especially since my fiancee has had 10-year multi-entry tourist visas since she was an infant and has been in and out of the US literally hundreds of times. We even got engaged while she was here visiting me in the US and probably could have married and adjusted status for her after a month or two wait (there's supposedly an invisible rule about 30/60/90 days) without an issue. We still decided against it.

You just never know how someone reviews your file and what they'll believe based on what you present. If you present that you got married on a tourist visa and AOS, you're already starting out on questionable grounds. If you present that you went about getting a K-1 visa that requires ALOT of waiting, ALOT of money, and ALOT of headache, all explicitly to come to the US and get married, you have that much less to worry about. You're doing it the right way.

[Liz&Nate 23]

Thanks for all the replies! What a wonderful resource this place is!

Find a lawyer and follow their advice. No matter what you do, or you are planning to do, legal representation is probably best in your case. I do not always recommend a lawyer, but your case is so muddy, no matter how you still it, you ar egoing to get questions especially if you have a b1/b2 visa at present.

I don't understand how the case is "muddy". I am not in the US at the moment. I do have a B1/B2/BCC card that I've had for many years (it's a ten year card), which I have used to visit my fiance on day trips, always declaring I was visiting my (then) boyfriend to the CBP officer. So far I don't think we have anything to hide. We did make wedding plans, but as I am not intending to follow through with them now that I've become aware of the risks, I wouldn't understand how they would factor into the process. If there is anything I am missing, I would be very grateful if you'd let me know.

We have retained the services of a competent lawyer and will follow his advice.

[Amy and Nick 37]

I don't understand how the case is "muddy". I am not in the US at the moment. I do have a B1/B2/BCC card that I've had for many years (it's a ten year card), which I have used to visit my fiance on day trips, always declaring I was visiting my (then) boyfriend to the CBP officer. So far I don't think we have anything to hide. We did make wedding plans, but as I am not intending to follow through with them now that I've become aware of the risks, I wouldn't understand how they would factor into the process. If there is anything I am missing, I would be very grateful if you'd let me know.

We have retained the services of a competent lawyer and will follow his advice.

I dont think your case is muddy. I think the poster assumed you were going to try and go the AOS route.

May I ask why you are going to use a lawyer? Provided you have a straightforward case (no overstays, criminal convictions etc) it can be done easily yourself (with some help from VJ!)

As you have already experienced, lawyers can often get things wrong, and as many on VJ will tell you, they can even hinder a case!

[Liz&Nate 23]

I dont think your case is muddy. I think the poster assumed you were going to try and go the AOS route.

May I ask why you are going to use a lawyer? Provided you have a straightforward case (no overstays, criminal convictions etc) it can be done easily yourself (with some help from VJ!)

As you have already experienced, lawyers can often get things wrong, and as many on VJ will tell you, they can even hinder a case!

I think our case is very straightforward. As for the lawyer, my fiance went to an initial consultation with an attorney that came highly recommended to him by a close friend on Friday. As he will be the one filing the I-129f he wants to make sure he'll get it right the first time. Ultimately it is his decision and he seems content with the lawyer and the advice he has been given so far. To be fair, I consulted immigration firms in Mexico, and now it's obvious that they didn't have our best interests at heart.

[lovest 5]

We got the same advise from an american lawyer... We decided against it, and never came back to her office. It took about 7 months to get my K-1, but because I also had a B1/B2 I could visit my fiancé about every two months during the process. It indeed is longer, but it gives you the peace of mind that you're doing things the right way, and your loved one will not have issues with immigration.

Good luck!

[VanessaTony 3,567]

I think our case is very straightforward. As for the lawyer, my fiance went to an initial consultation with an attorney that came highly recommended to him by a close friend on Friday. As he will be the one filing the I-129f he wants to make sure he'll get it right the first time. Ultimately it is his decision and he seems content with the lawyer and the advice he has been given so far. To be fair, I consulted immigration firms in Mexico, and now it's obvious that they didn't have our best interests at heart.

A lawyer is fine for the initial I-129F but I wouldn't bother with one for your side. Basically the USC will file the I-129F petition, you'll wait 3-5 months (sometimes longer.. esp lately) for the petition approval (NOA2) and then the file will be forward to your embassy to do the visa side of things.

For the visa side of things I really don't think a lawyer is necessary but that's YOUR side of the process (not the USC's) so it's up to you if you want to see a lawyer or not. It's a good idea to get started on what you'll need when your start the visa part so you have a good idea of what the deal is and so you're sufficiently prepared. It's not that it's hard, but the more you read the stronger you'll feel in your own ability OR if the more you read the more worried you get then you can decide if a lawyer is needed.

Good luck and congrats on starting the process.