Is my fiance need K1 visa

[Morsch 0]

Hi, is anybody can help me? I need to know if my fiance need K1 visa to get married here in US if she can come to the counrty on the visa waiver program? Thanks

[Penny Lane 8,159]

She cannot visit the US for the purpose of getting married and adjusting status.

The K1 isn't to simply let people into the country. People can visit without visas (depending on the country, of course) .. what the K1 does is allow entry into the United States for the purpose of marrying and adjusting status. So if that is her intent, then yes, she requires a K1.

Edited June 11, 2012 by Evylin

[Morsch 0]

Thanks, but what problems can we face if we wont get K1?

She cannot visit the US for the purpose of getting married and adjusting status.

The K1 isn't to simply let people into the country. People can visit without visas (depending on the country, of course) .. what the K1 does is allow entry into the United States for the purpose of marrying and adjusting status. So if that is her intent, then yes, she requires a K1.

[Penny Lane 8,159]

Thanks, but what problems can we face if we wont get K1?

If she claims she is visiting the US, but really plans to marry and adjust status? Misrepresentation. A lifetime ban.

[elmcitymaven 9,712]

Just to clarify it is possible for a fiance(e) to come to the US on a VWP without a K1 and marry a USC as long as the non-USC then returns to their country of origin and files for a CR1. My ex and I did just that -- we were living abroad together, we came to the US for a holiday and got married, then returned to the UK where we filed for the CR1.

The question -- which Evylin mentions above -- is whether the non-USC intends to stay in the US and adjust status.