Entering without a K3 and no problem for AOS

[Désirée689 0]

Hey everybody,

I have a friend( non-US-Citizen)who married an american citizen,

She entered the US as a tourist and now she told me they are filling forms for her adjustment of status.

Is that possible ?

can she get in trouble ?

She said they are using a lawyer.

Thank you very much for your help and time

[VanessaTony 3,567]

Yes it's possible. They won't get into trouble for that but without knowing their case I can't say they won't get into trouble for something else.

[Désirée689 0]

So why bother with a K3 visa then ???

They got married in France.

Thank you for your quick response

[VanessaTony 3,567]

So why bother with a K3 visa then ???

They got married in France.

Thank you for your quick response

Well no-one does K3 anymore (it's basically dead) but there are some countries where it's not possible to get a visitor visa, or they don't have the VWP so they're unable to jump the queue like your friend is.

[Désirée689 0]

OOOOhhhh

Oh if i knew it i would had gotten married and didn't have to go throught that whole K1 visa thing, it took me 5 months and about $5,000 to travel and get my visa....

Kinda sucks, but oh well, its done

Thank you

[VanessaTony 3,567]

OOOOhhhh

Oh if i knew it i would had gotten married and didn't have to go throught that whole K1 visa thing, it took me 5 months and about $5,000 to travel and get my visa....

Kinda sucks, but oh well, its done

Thank you

No you did it the legal way. To enter with intent to adjust is illegal.

[pushbrk 12,257]

OOOOhhhh

Oh if i knew it i would had gotten married and didn't have to go throught that whole K1 visa thing, it took me 5 months and about $5,000 to travel and get my visa....

Kinda sucks, but oh well, its done

Thank you

Depends on whether you could have entered the USA any other way. Unless it's a visa waiver country or the traveler can show sufficient strong ties to their home country, they won't be visiting the USA to begin with. Strong ties, usually means significant money and property or a job that requires them to travel to the USA on business etc. No way my wife was getting any visitor visa to the USA.

CR1 is the currently available spouse visa. K3 is virtually unobtainable.

[Laure&Colin 448]

Why am I even bothering going through this process if people in the same case can just enter and stay!!

[pushbrk 12,257]

Why am I even bothering going through this process if people in the same case can just enter and stay!!

Answer the question for yourself. For many folks, they just aren't ready to pull up stakes and leave for the USA. It's not like they can move their household goods. Following the AOS path also means they are land locked in the USA for a few months with no authorization to work. It's not as simple as it might seem.

[Rebecca Jo 1,962]

Why am I even bothering going through this process if people in the same case can just enter and stay!!

My husband is from the United Kingdom and we bothered to go through the process. We knew we wanted to live in the US, so we followed the consular process.

Intent is a funny thing. If you enter with intent to adjust as a means to avoid the consular process, that is considered immigration fraud. However in the case of adjusting status based upon marriage to a US citizen, there are BIA precedent rulings which advise the Service to NOT deny based upon the alien having intent (if all other matters in the case are satisfactory).

[Used to be broken 143]

So why bother with a K3 visa then ???

They got married in France.

Thank you for your quick response

?? Am I missing something? This couple married in France, and then post marriage entered the US without notifying the CBP folks they were married? So came in on a tourist VISA instead of a CR1? Hmmm, and now going to try to adjust status? If it were me, I would submit the I130, wait a couple months, fly back to France and do it right if she hasn't overstayed the tourist VISA. I do not see how under these circumstances they can avoid fraudulent intent if I am reading they married in France before she entered on the tourist VISA.

[pushbrk 12,257]

?? Am I missing something? This couple married in France, and then post marriage entered the US without notifying the CBP folks they were married? So came in on a tourist VISA instead of a CR1? Hmmm, and now going to try to adjust status? If it were me, I would submit the I130, wait a couple months, fly back to France and do it right if she hasn't overstayed the tourist VISA. I do not see how under these circumstances they can avoid fraudulent intent if I am reading they married in France before she entered on the tourist VISA.

If you don't understand, read post #10 again. Additionally, nobody is required to notify CBP they are married.

[Used to be broken 143]

If you don't understand, read post #10 again. Additionally, nobody is required to notify CBP they are married.

when they ask what is the purpose of your visit.. and you say tourism or its implied by the tourist VISA and you are married to a US Citizen and intend

to adjust status... ? Not thinking this will fly under radar.

[pushbrk 12,257]

when they ask what is the purpose of your visit.. and you say tourism or its implied by the tourist VISA and you are married to a US Citizen and intend

to adjust status... ? Not thinking this will fly under radar.

Zig Ziglar would refer to this as "stinkin thinkin". Unless an actual lie to a direct question is placed in the record, a generic truthful answer will not result in a finding of misrepresentation. For instance, if the CBP officer specifically asked, "Are you married to a US Citizen?" and you LIE.....AND..... it gets noted in the record, there would be a problem. Otherwise, no worries. Really. Get over it.

Again, read post #10 and simply believe it, because it's true.

Edited November 22, 2011 by pushbrk

[Laure&Colin 448]

Answer the question for yourself. For many folks, they just aren't ready to pull up stakes and leave for the USA. It's not like they can move their household goods. Following the AOS path also means they are land locked in the USA for a few months with no authorization to work. It's not as simple as it might seem.

Well, I think the answer for me is that I don't want to get in any kind of trouble and risk my future, so I'd rather follow the rules. But still...

For entry when you're from a VWP country it's not like they really ask you anything at POE... Last time I felt like I should mention that I was visiting my fiancé's family, the border agent didn't give a sh*t and she didn't even ask me how long I was going to stay. It lasted about 30 seconds, biometrics included!

So they probably didn't have to lie in this case.