Can people from visa waiver countries skip K1?

[Brian75 0]

My fiance lives in Japan, a visa waiver program country, and I have a friend who married his Japanese wife in the US while she was here on her visa waiver. They didn't have any problems, but that was a long time ago.

I don't want to do anything illegal, but when I called USCIS, they basically said that it is a grey area.

Does anyone have any experience with this?

[alizon 77]

My fiance lives in Japan, a visa waiver program country, and I have a friend who married his Japanese wife in the US while she was here on her visa waiver. They didn't have any problems, but that was a long time ago.

I don't want to do anything illegal, but when I called USCIS, they basically said that it is a grey area.

Does anyone have any experience with this?

My husband and I got married in the US without a K-1, nothing illegal about that. The crucial issue is that the person cannot intend to immigrate when they come over, i.e. he went back to Canada after the wedding, and he's still there pending the approval of his CR-1 visa. If you get a K-1, then the person can stay in the US after the marriage while you adjust their status.

Edited February 16, 2012 by alizon

[Brian75 0]

My husband and I got married in the US without a K-1, nothing illegal about that. The crucial issue is that the person cannot intend to immigrate when they come over, i.e. he went back to Canada after the wedding, and he's still there pending the approval of his CR-1 visa. If you get a K-1, then the person can stay in the US after the marriage while you adjust their status.

Thank you for the reply, that makes perfect sense. However, my friends wife remained in the US after marriage, but that was about 8 or 9 years ago.

[alizon 77]

Thank you for the reply, that makes perfect sense. However, my friends wife remained in the US after marriage, but that was about 8 or 9 years ago.

Yeah, I know some people on the forums have mentioned coming over on a tourist visa and adjusting their status, but it seems dangerously close to immigration fraud in my book. The VWP is not an immigrant visa, so your fiance(e) would be coming to the US with the intent to immigrate and without an immigrant visa. Regardless of whether other people have done it, USCIS saying it's a "grey" area means you might get in trouble for it, might not, but the risk would be too great for me.

[skiptex 225]

Thank you for the reply, that makes perfect sense. However, my friends wife remained in the US after marriage, but that was about 8 or 9 years ago.

umm... i think you need to forget what was done 8-9 years ago.. and be concerned with how things are done now

[HuffyTheSlayer 22]

Yeah, I know some people on the forums have mentioned coming over on a tourist visa and adjusting their status, but it seems dangerously close to immigration fraud in my book. The VWP is not an immigrant visa, so your fiance(e) would be coming to the US with the intent to immigrate and without an immigrant visa. Regardless of whether other people have done it, USCIS saying it's a "grey" area means you might get in trouble for it, might not, but the risk would be too great for me.

Exactly. The reason they say it is a grey area is because there are genuinely people who come over on vacation and end up meeting the love of their life and marry them all on the same visit. But if you are already dating a USC and you come over and "just happen" to get married. Then you may end up in trouble, because just dating before you come over to the US on the VWP is a pretty strong indicator of immigration intent and the VWP is for non-immigrant intent only. It is possible though to come over on VWP, marry and then adjust, but I think your spouse would have to have pretty compelling evidence that they did not intend to get married when they entered the US.

IMO, it's not worth, the risk. For me and my husband it was important for us to be sure that we could be together once we were married. So we applied for the K-1 visa, sure it took sometime. But we didn't risk my having to return home and be separated for the first 6-12 months of our marriage.

You are not the first people to fall in love from different countries (obviously) and you are not the first couple to have to wait and get paperwork processed before being able to live together in the US, you'll make it through the process. Apply for the K-1. Just thinking about using the VWP in this way because your friend's wife had done so previously gives you prior intent of immigration. If it were legal for people from VWP to "skip" getting a K-1 to get married and settle in the US. No one with a fiance in a VWP country would ever file for a K-1 visa.

Edited February 16, 2012 by HuffyTheSlayer

[Stu4Lee 66]

umm... i think you need to forget what was done 8-9 years ago.. and be concerned with how things are done now

ummm .... He/she is, hence the question

[HuffyTheSlayer 22]

ummm .... He/she is, hence the question

That's true.

Brian, we appreciate that you are exploring your options and finding out how things are done now. :thumbs:I still stand by my previous post, though I know it might seem a little harsh.

Edited February 16, 2012 by HuffyTheSlayer

[Brian75 0]

Ok, I'm definitely sticking with the K-1 plan then.

It wasn't my intention to out smart the system, but when USCIS can't tell me one way or the other, you guys are my only hope for answers.

You all have my deepest gratitude!

[skiptex 225]

Ok, I'm definitely sticking with the K-1 plan then.

It wasn't my intention to out smart the system, but when USCIS can't tell me one way or the other, you guys are my only hope for answers.

You all have my deepest gratitude!

:thumbs:

great sir.. its just i see so many people that try to get around system.. but they have learn the hard lesson..

best of luck with your journey..

very envyous of your fiances country.. it must be AMAZING to visit

[alizon 77]

Ok, I'm definitely sticking with the K-1 plan then.

It wasn't my intention to out smart the system, but when USCIS can't tell me one way or the other, you guys are my only hope for answers.

You all have my deepest gratitude!

Good decision and good luck!

[Gaijinsan 3]

Ok, I'm definitely sticking with the K-1 plan then.

It wasn't my intention to out smart the system, but when USCIS can't tell me one way or the other, you guys are my only hope for answers.

You all have my deepest gratitude!

Good man. To have had your fiancee enter with the intention to remain would have been illegal, whether or not she got away with it. In any case, no real reason to take any chances since the visa process through Japan is quite easy.

The only downside is the waiting. Admittedly, that's a bummer but you can always have her come visit you in the US while you are waiting things out. Or come on over here to Japan, it'll be sakura season here soon enough... if it ever warms up.