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Juan & Cami

K1 vs K3 for someone who already has a tourist visa?

By Juan & Cami in K-1 Fiance(e) Visa Process & Procedures

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Juan & Cami Contributor

Juan & Cami   7

Posted
Filed: K-1 Visa Country: Uruguay
 Timeline
Posted (edited)

My dad and I have a recurring discussion about this topic and I want to understand once and for all, so if anyone could share an answer I would appreciate it :)

I read in many places that K1 visa is the fastest and safest route out there for someone wanting to bring their foreign fiance to the US. (Which is why I chose it)

My dad continues to insist that petitioning for K1 visa is stupid and a waste of time because my fiance already has a tourist visa. He says fiance visas are mostly for people who don't have any visa (no other way of coming to US). So he thinks it would be faster for him to come to the US with his tourist visa, and marry me after 2 months, then get the residency. He says that everyone he knows has done it this way and that it has worked out for all of them.

My reply to him is "What about after marriage? with fiance visa he can stay, but with tourist visa he has to leave the US" But my dad replies saying that he can keep renewing his tourist visa for 6 months until he gets his residency. (Is this even true?)

I am not very knowledgeable about this topic so I'm not sure how to answer him...so what do you guys say?

(I already sent in my K1 petition so this is mainly a question just for curiosity's sake!)

EDIT: Sorry about the topic...I'm not sure if "K3" was the correct term, what I meant was "just coming to US and marrying as a tourist"...as I said i'm not very knowledgeable!

Edited by JuanandCami
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tan&tuyet Explorer

tan&tuyet   15

Posted
Filed: IR-1/CR-1 Visa Country: Vietnam
 Timeline
Posted

Coming to the US on a tourist visa with the INTENT to marry is visa fraud. There are not ifs,buts, or ands about it. The K1 is fast and easy but you will spend a lot of money later on. If you can do the CR1 I would suggest do that because you will spend money up front and won't spend as much later on.

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Ning Experienced

Ning   619

Posted
Filed: K-3 Visa Country: Thailand
 Timeline
Posted

My dad and I have a recurring discussion about this topic and I want to understand once and for all, so if anyone could share an answer I would appreciate it :)

I read in many places that K1 visa is the fastest and safest route out there for someone wanting to bring their foreign fiance to the US. (Which is why I chose it)

My dad continues to insist that petitioning for K1 visa is stupid and a waste of time because my fiance already has a tourist visa. He says fiance visas are mostly for people who don't have any visa (no other way of coming to US). So he thinks it would be faster for him to come to the US with his tourist visa, and marry me after 2 months, then get the residency. He says that everyone he knows has done it this way and that it has worked out for all of them.

My reply to him is "What about after marriage? with fiance visa he can stay, but with tourist visa he has to leave the US" But my dad replies saying that he can keep renewing his tourist visa for 6 months until he gets his residency. (Is this even true?)

I am not very knowledgeable about this topic so I'm not sure how to answer him...so what do you guys say?

(I already sent in my K1 petition so this is mainly a question just for curiosity's sake!)

EDIT: Sorry about the topic...I'm not sure if "K3" was the correct term, what I meant was "just coming to US and marrying as a tourist"...as I said i'm not very knowledgeable!

Your dad is simply wrong. He is advising you to commit visa fraud. When you are caught you will have a lifetime ban to deal with. Of course that will allow plenty of time to discuss with him what the laws of the USA consist of.

Just stay within the laws to get what you want. Dont lead a life where you have to worry every day about what you have done & what you will have to do.

You have done what is correct. Follow this path to the future you see for yourself. You will leave the ignorance behind as you gain knowledge & have confidence that you have done this the right way.

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Inky Grand Master

Inky   1,110

Posted
Filed: Citizen (apr) Country: Canada
 Timeline
Posted

K3 is an obsolete spousal visa. K3 is not the correct term.

Your dads ramblings are incorrect and also visa fraud.

-------------------------------------------- as1cE-a0g410010MjgybHN8MDA5Njk4c3xNYXJyaWVkIGZvcg.gif

Your I-129f was approved in 5 days from your NOA1 date.

Your interview took 67 days from your I-129F NOA1 date.

AOS was approved in 2 months and 8 days without interview.

ROC was approved in 3 months and 2 days without interview.

I am a Citizen of the United States of America. 04/16/13

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Ryan H Grand Master

Ryan H   3,790

Posted
Filed: Lift. Cond. (apr) Country: China
 Timeline
Posted

Your dad is:

A) Wrong

B) Advocating visa fraud

Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

December 18, 2023:  Filed I-90 to renew Green Card

December 21, 2023:  Production of new Green Card ordered - will be seeing USCIS again every 10 years for renewal

 

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Pitaya Grand Master

Pitaya   2,576

Posted
Filed: Lift. Cond. (apr) Country: China
 Timeline
Posted

:wow: Here we go again.... It seems like this, or very similar-themed, question is posted on almost a weekly basis.

If a person uses, or tries to use a tourist visa for the purposes of immigrating to the US, that is considered visa fraud in the eyes of the US government, and can result in fines and/or penalties that may include deportation and a lifetime ban.

To the OP: you are doing the correct and legal method by utilizing the K-1 visa process.

Completed: K1/K2 (271 days) - AOS/EAD/AP (134 days) - ROC (279 days)

"Si vis amari, ama" - Seneca

 

 

 

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  • 2 months later...
meadowzephyr Collaborator

meadowzephyr   26

Posted
Filed: AOS (pnd) Country: Mexico
 Timeline
Posted

Coming to the US to marry on a tourist visa is not illegal. Coming to the US on a tourist visa with the intent to adjust status after marriage is illegal.

K-1 Visa Journey

December 8, 2009 - Met in Monterrey, Mexico
December 28, 2010 - Officially started dating!
July 2,2011 - He proposed in Downtown Monterrey, Mexico, I accepted
September 16, 2011 - Mailed I-129F Application
September 19, 2011 - I-129F arrived at Dallas Lockbox
September 22, 2011 - NOA1
September 24, 2011 - Check cashed!
September 26, 2011 - NOA1 hard copy arrived in the mail
January 3, 2012 - NOA2 email and text message!
January 6, 2012 - NOA2 Hardcopy arrived in the mail.
February 16, 2012 - Packet 3 (invitation letter) arrives in the mail.
March 12, 2012 - ASC Appointment
March 15, 2012 - Interview at Consulate in CDJ.
March 15, 2012 - Approved!
April 18, 2012 - POE - Houston, Texas
June 9, 2012 - Married!

Adjustment of Status Journey
July 26, 2012 - Mailed AOS Application
August 1, 2012 - NOA1
August 2, 2012 - Received Biometrics Letter
August 16, 2012 - Received Hard Copy of NOA1
August 23, 2012 - Biometrics
September 25, 2012 - Approved I131
September 25, 2012 - EAD/AP Combo Card sent to production
October 3, 2012 - EAD/AP Combo Card Arrived

April 29, 2013 - AOS Approved Without Interview!

May 6, 2013 - Card arrived in the mail

ROC Journey







event.png

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Harpa Timsah Grand Master

Harpa Timsah   13,258

Posted
Filed: Lift. Cond. (apr) Country: Israel
 Timeline
Posted (edited)

It is illegal to enter the US on a non-immigrant visa with the intent of immigrating.

Edited by Harpa Timsah

AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

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