K-1 vs Green Card application

[Tdeboevre 2]

Hi all,

Sorry if it is a bit off-topic with the section.

I had a discussion with a colleague who is also considering marrying his American fiancée (well girlfriend for now) and move to the US.

When discussing about that matter, he was surprised I initiated such a "heavy" process as the K-1.

He plans to go to the US, get married and apply for a Green Card afterwards.

Of course, at first, I laughed at him arguing that it was probably not that easy to immigrate and stay in the US.

Yet, after checking myself on the internet, it is a possibility.

So I am wondering what is the issue with the Green Card application after wedding. Is it safer via the K-1 as once you are approved, you are more confident in staying in the US territory?

Or did I miss something during my research?

TIA

Thomas

[together4evr 360]

The risk is a lifetime ban for coming to USA for the purpose of marrying if fiance comes over on a tourist visa and denys they have a fiance in USA.

If someone is in USA on a work or school visa and just happens to get married then I think there is less suspicion.

It is possible to get married on a tourist visa and I believe many people have done this and adjusted status fine. But if someone has a big elaborate wedding and then says they came here on a tourist visa and fell in love and got married it will be harder to convince a CO that this was not planned months before fiances arrival.

So, it cannot be planned that you get married on a touist visa

[sara..... 371]

Hi all,

Sorry if it is a bit off-topic with the section.

I had a discussion with a colleague who is also considering marrying his American fiancée (well girlfriend for now) and move to the US.

When discussing about that matter, he was surprised I initiated such a "heavy" process as the K-1.

He plans to go to the US, get married and apply for a Green Card afterwards.

Of course, at first, I laughed at him arguing that it was probably not that easy to immigrate and stay in the US.

Yet, after checking myself on the internet, it is a possibility.

So I am wondering what is the issue with the Green Card application after wedding. Is it safer via the K-1 as once you are approved, you are more confident in staying in the US territory?

Or did I miss something during my research?

TIA

Thomas

If you friend comes to the USA with the intent to get married and not leave but apply for green card as you say its visa fraud....some do it and have no problem but others get caught and have huge problems your friend should stop and think is by passing a few months worth getting life time ban?

just my opinion

sara

[Laure&Colin 562]

Legally, entering the US on the visa waiver program and then filing for adjustment of status is not allowed.

In reality, if there's no difficulty in the case other than immigrant intent upon entry (criminal record, prior overstay...), it is usually accepted by USCIS without any problem.

Still, K1 is the legal and "right" way to do things.

The K1 really has absolutely no factual advantage over adjusting from VWP for the applicant (other than being safe and fully legal), whereas the IR1/CR1 visa does: no adjustment of status, you're free from USCIS once you enter the US (at least for 2 years if it's a CR1) since you are a legal permanent resident, you can get an SS card and start working immediately.

While I understand that people from countries where getting a tourist visa to go visit their fiancé(e) is almost impossible chose the K1 route, why it's so popular in VWP countries is a total mystery for me.

The rational (and legal) way to do things for a VWP country citizen is to get married in the US during a visit (or in their home country), go back home and file for CR1. It might add a few weeks of separation before visa issuance (but you can still visit using the VWP), but then once the visa is in hand the process is over. Way cheaper, faster in the long run (skip 6 months of AOS to get the green card), easier.

Edited March 2, 2012 by Laure&Colin

[Tdeboevre 2]

Interesting answers. Thanks for that.

[Laure&Colin 562]

Oh yeah one more thing: if your friend thinks the K1 is "heavy", he/she needs to realize that adjustment of status from VWP is not particularly "light"... They might get grilled at the interview because of entering with immigrant intent, even though it doesn't cause a denial in the end. They'd actually better get a lawyer to handle the case.

[didopage 337]

He plans to go to the US, get married and apply for a Green Card afterwards.

If that was that simple and most of all, legal, everybody would do that. Fiance and spousal visas exist for a good reason… Don't listen too much to that colleague, he doesn't seem very informed.

As others said, coming to the US on a tourist visa or VWP with the intent to immigrate is not legal.

Edited March 2, 2012 by didopage

[Tdeboevre 2]

Hum, I add another discussion, if not argument, with my colleague.

He told me that a colleague of his fiancé did it, without any issue.

The guy, from India, who came on a work visa for the American company he stioll works for, actually married his fiancée while in the US, and then applied not even a week before the termination of his visa.

And as far as I understood, he was granted it with no hassle and still lives happily in the US.

Oh well, K-1 is in the pipe on my side, so...

[didopage 337]

Because the guy from India came on a work visa, he obviously came with the intent to work. Maybe he didn't intend to marry his fiancee at the time he came. Plus I guess his work visa was good for more than just a few months, and saying that he filed to adjust his status at the end of it could also show his intent was not to marry at the time he came, and the decision of marrying may have come when he was in the US.

Your colleague idea is different because he's planning to come with the VWP (at least, I think?). Again, coming with a tourist visa or VWP with the intent to marry his fiancee shows that, "obviously", he has no intent to come in the US just to visit as the tourist visa or VWP is allowed for, but to marry and immigrate (if filing for AOS). The VWP is only good for 3 months, so that's difficult to make think he really comes just to visit, and oh, in this 3 months, he suddenly found the love of his life and decided to marry while he's there. This kind of story can exist for sure, but the one of your colleague is not in that case. His idea is not legal.

You choose a best path, he didn't. In other words: yours is safe, his is very risky. I don't know if he only relies on stories he has heard around him, or if he actually did some researches… if he did, he should make some more!

I hope other VJ members with great experience will come to this thread to explain surely better than me! (or correct me if I'm wrong somewhere)

Edited March 2, 2012 by didopage

[didopage 337]

PS: Some of my fiance's colleagues told my fiance a few months ago I was not allowed to come visit to the US while the fiance visa process was pending. I didn't believe them and prefer to trust stories from several members on VJ (as well as making some research on VJ because that was a common question, like yours). I came last december and had no problem. VJ is better than colleagues.

Edited March 2, 2012 by didopage

[Andie 147]

PS: Some of my fiance's colleagues told my fiance a few months ago I was not allowed to come visit to the US while the fiance visa process was pending. I didn't believe them and prefer to trust stories from several members on VJ (as well as making some research on VJ because that was a common question). I came last december and had no problem. VJ is better than colleagues.

No it's not impossible to travel to the US while the you have a fiance visa in process, but you still need to show very strong ties to your own country.

[didopage 337]

No it's not impossible to travel to the US while the you have a fiance visa in process, but you still need to show very strong ties to your own country.

(which I did)

[Harpa Timsah 13,260]

A work visa is a totally different animal than the VWP.

[Laure&Colin 562]

Hum, I add another discussion, if not argument, with my colleague.

He told me that a colleague of his fiancé did it, without any issue.

The guy, from India, who came on a work visa for the American company he stioll works for, actually married his fiancée while in the US, and then applied not even a week before the termination of his visa.

And as far as I understood, he was granted it with no hassle and still lives happily in the US.

Oh well, K-1 is in the pipe on my side, so...

This has nothing to do with what your co-worker is planning, and if he doesn't see the difference, he should really let a lawyer work on the AOS because he will screw it up.

A work visa is not the VWP. This is actually exactly the kind of situation adjustment of status is made and thought for: someone comes for an extensive period of time on a work or student visa, meets a USC and decides to marry. Their personal situation has changed and justifies ajusting status.

Coming on the VWP with intent to stay means planning a fraudulent immigration ahead. Prior intent is usually forgiven from spouses of USCs but ANYTHING else will be used to deny the adjustment. If at the interview, the officer asks if they had planned the AOS ahead and they said no, it will be easy to prove they lied, which will cause a denial for material misreprentation, a lifetime ban for the foreign spouse, and deportation proceedings; Since your "friend" doesn't seem well aware of the process and regulations, I can see that coming.

[Tdeboevre 2]

This has nothing to do with what your co-worker is planning, and if he doesn't see the difference, he should really let a lawyer work on the AOS because he will screw it up.

A work visa is not the VWP. This is actually exactly the kind of situation adjustment of status is made and thought for: someone comes for an extensive period of time on a work or student visa, meets a USC and decides to marry. Their personal situation has changed and justifies ajusting status.

Coming on the VWP with intent to stay means planning a fraudulent immigration ahead. Prior intent is usually forgiven from spouses of USCs but ANYTHING else will be used to deny the adjustment. If at the interview, the officer asks if they had planned the AOS ahead and they said no, it will be easy to prove they lied, which will cause a denial for material misreprentation, a lifetime ban for the foreign spouse, and deportation proceedings; Since your "friend" doesn't seem well aware of the process and regulations, I can see that coming.

Ah I see where he could go wrong. Since yes, he would benefit from a VWP as he's French (like me), but as far as I know, he has no plan to be transferred from our company to one of our subsidiaries in the US.

So I guess he won't be on Work visa.

I must told him to avoid screwing it up.

Thanks a lot for the clarification.

At some point, I was thinking, what the hell am I doing, wasting so much time with K-1? Though, as Laure&Colin pointed out, I could have used a CR1 instead.