What happens if we marry while K-1 Visa in process?

[dianazoe1 0]

Hello, I'm a new member and filed an application for K-1 Visa before I found this website. The attorney I hired for consultation said it would take 3-5 months for the Visa process and never mentioned the additional interview and paperwork we would have to file at the embassy in Austria after the Visa is approved. So we are looking at 7-8 months instead of 3-5! We don't want to wait that long! Does anyone know what the consequences would be if he came over here to "visit" and we ended up getting married?

[bmiles62 5]

Hello, I'm a new member and filed an application for K-1 Visa before I found this website. The attorney I hired for consultation said it would take 3-5 months for the Visa process and never mentioned the additional interview and paperwork we would have to file at the embassy in Austria after the Visa is approved. So we are looking at 7-8 months instead of 3-5! We don't want to wait that long! Does anyone know what the consequences would be if he came over here to "visit" and we ended up getting married?

If you get married you will have to start over and file again. You will file a CR-1. You are right about the time it will take. Mine was about 7.5 months from start to finish. Good luck!!!!

[Anh map 2,098]

Hello, I'm a new member and filed an application for K-1 Visa before I found this website. The attorney I hired for consultation said it would take 3-5 months for the Visa process and never mentioned the additional interview and paperwork we would have to file at the embassy in Austria after the Visa is approved. So we are looking at 7-8 months instead of 3-5! We don't want to wait that long! Does anyone know what the consequences would be if he came over here to "visit" and we ended up getting married?

Entering as a visitor with immigrant intent is a violation of the immigration law. Putting it in quotes doesn't change anything.

Waiting is part of immigration.

[bmiles62 5]

If you get married you will have to start over and file again. You will file a CR-1. You are right about the time it will take. Mine was about 7.5 months from start to finish. Good luck!!!!

BTW He could not come over to visit with the intention of getting married that would be fraud if you are talking about getting married in the USA.

[Xanax 349]

BTW He could not come over to visit with the intention of getting married that would be fraud if you are talking about getting married in the USA.

That's not true. You CAN marry in the US you just have to leave and have a CR-1 filed.

Marrying on a tourist visa with the intent to stay and adjust status could be considered fraud and cause you problems.

---

OP, unfortunately you are looking at a wait either way. With the K-1 6-9 months; with the CR-1 if you get married 7-10 months.

If you try to do this an illegal way - enter on a visitors visa with intent to adjust status you wont find much help here.

Edited August 2, 2012 by Xanax

[dianazoe1 0]

Not planning to do anything illegal here just trying to get information and just very frustrated with the whole process and finding out that the wait is going to be even longer than expected. I understand that "waiting is part of immigration" (I'm a big fan of quotation marks btw) but I think it's absolutely ridiculous that the government makes honest citizens wait so long to do the right thing.

[Moomin 292]

Hello, I'm a new member and filed an application for K-1 Visa before I found this website. The attorney I hired for consultation said it would take 3-5 months for the Visa process and never mentioned the additional interview and paperwork we would have to file at the embassy in Austria after the Visa is approved. So we are looking at 7-8 months instead of 3-5! We don't want to wait that long! Does anyone know what the consequences would be if he came over here to "visit" and we ended up getting married?

That won't fly with a CBP officer. You already know you have intention of doing more than visiting. ONe thing is waiting a few extra months, another thing is taking a shortcut and obviously lying to a CBP officer about your staycation. Lying like that is misrepresentation. Misrepresentation is "rewarded" with a lifetime ban from the US. Might want to think about if it's really worth it. With a petition at USCIS, odds are that USCIS would be suspecious about the staycation anyways. You may visit each other during the process and return to home country when your lawful stay is up.

I'm sorry you were misinformed by your lawyer. However, even if your have the best lawyer in the world, it's still a good idea to research the misc stages of this process. Some things, a lawyer can't possibly know about your situation because you didn't think anything of it. 2 years down the road when it's time for ROC (ROC.. what's that, your lawyer didn't tell you that either?), you're pretty much screwed if you didn't file at all.

Look into how to speed thing along after getting approved, make sure to get the NOA2 from your lawyer(or a copy), you'll need it later on.

[Moomin 292]

Not planning to do anything illegal here just trying to get information and just very frustrated with the whole process and finding out that the wait is going to be even longer than expected. I understand that "waiting is part of immigration" (I'm a big fan of quotation marks btw) but I think it's absolutely ridiculous that the government makes honest citizens wait so long to do the right thing.

They don't know they're dealing with honest citizens before having looked and adjudicated the petition. By that time, you win the 1st prize which is an approved petition AFTER they've run background checks and after they've determined your eligibility.

USCIS is funded by petitions/applications. Something more speedy will raise the fees drastically.

[C-ma'am 684]

They don't know they're dealing with honest citizens before having looked and adjudicated the petition. By that time, you win the 1st prize which is an approved petition AFTER they've run background checks and after they've determined your eligibility.

USCIS is funded by petitions/applications. Something more speedy will raise the fees drastically.

[TnJ 131]

You are ineligible to qualify or enter on a K-1 if already married.

[Bryan and Isabel 29]

I like this so Im going to quote this again, "Waiting is part of immigration." pick your poison