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Filed: K-1 Visa Country: Australia
Timeline
Posted

From my own experience going through the K1 visa process and now currently the AOS process, I do wish I came over to the USA, got married, file the CR1 and then returned home. Even though I knew it would the AOS process added the extra step before we could start our life together. My circumstances are different though as my wife is unemployed and we live with her parents (along with her 2 children from a previous marriage). And currently we rely on her parents and a meagre child support payment from her ex to survive.

I believe I was one of the lucky ones who got through the whole K1 visa process in 6 months (from submission of forms to visa issuance) and now I have an agonising wait just for my EAD to be issued so I can look for work. But not only my EAD I can not get a drivers licence until my EAD is issued. So I think there are far more benefits in the CR1 route rather then the K1.

Before we started our visa journey, we even considered me just coming here, marrying and applying for AOS, but to us it did not seem like the right thing to do. To us it seemed like we were queue jumping, even though it has been successfully done by many before us.

I do not see it as a problem to come here and marry and apply for CR1 and leave (or stay and AOS for that matter). But, as with us not wishing to marrying and apply for AOS on a tourist visa you must make the choice that sits right with you both. I wish you all the best on this journey as it is a long and drawn out process, often with months of little or no action taken (or so it seems) and it can be VERY frustrating as can be identified by many of the posts in the K1 forums of people wanting to know why or what is going on.

Again good luck.

Filed: Other Country: China
Timeline
Posted

Just to make it clear, you can marry your girlfriend while here, but you cannot travel here with the intention to marry her and adjust status.

This is patently untrue. It may or may not work but while intent upon entry is grounds to refuse entry to the USA, it is not grounds to deny adjustment of status through marriage to a US Citizen. We tend to have to put down this myth about once a week here. Please don't perpetuate it.

Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

Google Who is Pushbrk?

A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

Filed: AOS (apr) Country: Belarus
Timeline
Posted

Sure intent alone is not grounds for a denial of AOS, but it's visa fraud if you were to plan a trip here beforehand to get married and AOS. I don't see anything mimolicious wrote that is incorrect. I wouldn't want anyone reading this to get the false impression that it is OK to just plan a trip here to get married and AOS. While it may work for many people, it is still considered visa fraud and against the TOS.

Filed: Other Country: China
Timeline
Posted

Sure intent alone is not grounds for a denial of AOS, but it's visa fraud if you were to plan a trip here beforehand to get married and AOS. I don't see anything mimolicious wrote that is incorrect. I wouldn't want anyone reading this to get the false impression that it is OK to just plan a trip here to get married and AOS. While it may work for many people, it is still considered visa fraud and against the TOS.

Intent is a vaporous thing. Once somebody is in the USA, if they decide to marry an US Citizen and adjust status they can. To state that is not against the terms of service. To say they can't do it, is simply false. It's a common dance. Making false statements is like stepping on the other dancer's feet.

Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

Google Who is Pushbrk?

A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

Filed: K-1 Visa Country: England
Timeline
Posted

Just to make it clear, you can marry your girlfriend while here, but you cannot travel here with the intention to marry her and adjust status.

Yes, i realise that, and obviously if i take that route now, i feel like i am travelling with that intention, seeing as it has been talked about and thought about. I know i can always say i dont have that intention, and thats the bit im worried about if i take that choice of the CR-1, because in my head i know i thought of it before, and im scared of being figured out, purely on the fact that it can result in a 3 year ban as far as i am aware. Sensibility inside me says id rather it take a year doing the K1, than risk a 3 year ban.

1. interview day

2. sure, if'n you have 5 times in asset value the poverty guidelines amount, posted in I-864-P document .

Great! thanks.

Filed: K-1 Visa Country: England
Timeline
Posted

From my own experience going through the K1 visa process and now currently the AOS process, I do wish I came over to the USA, got married, file the CR1 and then returned home. Even though I knew it would the AOS process added the extra step before we could start our life together. My circumstances are different though as my wife is unemployed and we live with her parents (along with her 2 children from a previous marriage). And currently we rely on her parents and a meagre child support payment from her ex to survive.

I believe I was one of the lucky ones who got through the whole K1 visa process in 6 months (from submission of forms to visa issuance) and now I have an agonising wait just for my EAD to be issued so I can look for work. But not only my EAD I can not get a drivers licence until my EAD is issued. So I think there are far more benefits in the CR1 route rather then the K1.

Before we started our visa journey, we even considered me just coming here, marrying and applying for AOS, but to us it did not seem like the right thing to do. To us it seemed like we were queue jumping, even though it has been successfully done by many before us.

I do not see it as a problem to come here and marry and apply for CR1 and leave (or stay and AOS for that matter). But, as with us not wishing to marrying and apply for AOS on a tourist visa you must make the choice that sits right with you both. I wish you all the best on this journey as it is a long and drawn out process, often with months of little or no action taken (or so it seems) and it can be VERY frustrating as can be identified by many of the posts in the K1 forums of people wanting to know why or what is going on.

Again good luck.

Okay, thanks for the reply, i'll take into account your experience when we make our final decision too, and thanks for the good luck wish. I suppose its all down to what we both feel is the right option, regardless of what paths other people before us have taken.

Sure intent alone is not grounds for a denial of AOS, but it's visa fraud if you were to plan a trip here beforehand to get married and AOS. I don't see anything mimolicious wrote that is incorrect. I wouldn't want anyone reading this to get the false impression that it is OK to just plan a trip here to get married and AOS. While it may work for many people, it is still considered visa fraud and against the TOS.

I understand what you are both saying, this is sort of what is scaring me a little, because i do see it as sort of fraud, because right now, i am aware that i can take that option of getting married when i visit next week, so to me i have already had the pre-thought before i have travelled, even though no decision has been made and it hasnt been planned, if that makes sense. I suppose its my concience.

Posted

There is nothing wrong with maybe getting married and then applying for CR-1. NOTHING. What's fishy is the situation of entering on VWP with the intent to maybe adjust status. So personally I didn't and wouldn't do it. But marrying and applying for spousal visa, 100% ok.

Lol this is the one bad thing about being a good responsible person who researches everything online. Sometimes it is better not to know so much.

Anyhow, look forward to helping you in the future once you've applied for one petition or the other :-) Have a safe trip!

Filed: K-1 Visa Country: England
Timeline
Posted

There is nothing wrong with maybe getting married and then applying for CR-1. NOTHING. What's fishy is the situation of entering on VWP with the intent to maybe adjust status. So personally I didn't and wouldn't do it. But marrying and applying for spousal visa, 100% ok.

Lol this is the one bad thing about being a good responsible person who researches everything online. Sometimes it is better not to know so much.

Anyhow, look forward to helping you in the future once you've applied for one petition or the other :-) Have a safe trip!

I know exactly what you mean, maybe it would have been better to have been ignorant to the fact i could take that option, and found out when i was there. Its a bad thing having such a conscience. I think, unless my other half feels strongly about the CR-1, that we will stick to the K-1, it just feels more natural, and the right way for us to go. But we will make the final decision in a few weeks. I do understand that tehre is nothing wrong with it technically, but like we said, its just being more responsible and having a conscience about it.

I may have to take you up on your offer of help in the future haha! make you wish you never offered it :P Nah, im joking, i will take your help when i need to get in touch with you, its really appreciated to have the offer there!

Thanks so much

Posted

I know exactly what you mean, maybe it would have been better to have been ignorant to the fact i could take that option, and found out when i was there. Its a bad thing having such a conscience. I think, unless my other half feels strongly about the CR-1, that we will stick to the K-1, it just feels more natural, and the right way for us to go. But we will make the final decision in a few weeks. I do understand that tehre is nothing wrong with it technically, but like we said, its just being more responsible and having a conscience about it.

I may have to take you up on your offer of help in the future haha! make you wish you never offered it :P Nah, im joking, i will take your help when i need to get in touch with you, its really appreciated to have the offer there!

Thanks so much

Did you read the info from the embassy I gave you about 15 posts back?? They tell you it is okay to marry in the US. Why feel guilty. It is allowed.

We only wish to travel to the United States to marry. We will return to the United Kingdom after marriage. Do we still need a fiancé(e) visa?

A person traveling to the United States to marry a U.S. citizen with the intention of returning to his/her place of permanent residence abroad may apply for a visitor (B-2) visa, or if eligible, travel visa free under the Visa Waiver Program. Evidence of a residence abroad to which the B-2 visa holder or visa free traveler intends returning should be carried for presentation to an immigration inspector at the port of entry.

England.gifENGLAND ---

K-1 Timeline 4 months, 19 days 03-10-08 VSC to 7-29-08 Interview London

10-05-08 Married

AOS Timeline 5 months, 14 days 10-9-08 to 3-23-09 No interview

Removing Conditions Timeline 5 months, 20 days12-27-10 to 06-10-11 No interview

Citizenship Timeline 3 months, 26 days 12-31-11 Dallas to 4-26-12 Interview Houston

05-16-12 Oath ceremony

The journey from Fiancé to US citizenship:

4 years, 2 months, 6 days

243 pages of forms/documents submitted

No RFEs

Filed: K-1 Visa Country: England
Timeline
Posted

Did you read the info from the embassy I gave you about 15 posts back?? They tell you it is okay to marry in the US. Why feel guilty. It is allowed.

We only wish to travel to the United States to marry. We will return to the United Kingdom after marriage. Do we still need a fiancé(e) visa?

A person traveling to the United States to marry a U.S. citizen with the intention of returning to his/her place of permanent residence abroad may apply for a visitor (B-2) visa, or if eligible, travel visa free under the Visa Waiver Program. Evidence of a residence abroad to which the B-2 visa holder or visa free traveler intends returning should be carried for presentation to an immigration inspector at the port of entry.

Yes, i read the link, i agree it is okay to marry, i dont know its just how i am, my conscience lays heavy on me, and would do if i entered knowing i had those plans, but had to tell the officer at the POE that i dont have those intentions. As of right now, im going to say i am enetering just to visit my GF, like i always do, and answer the usual questions, the getting married whilst there route is by no means dead yet, but i will wait until im with her in person to discuss it in depth, we may still end up doing that, but now, before i travel that is not my plan. Thanks anyway.

Filed: Other Country: China
Timeline
Posted

Yes, i read the link, i agree it is okay to marry, i dont know its just how i am, my conscience lays heavy on me, and would do if i entered knowing i had those plans, but had to tell the officer at the POE that i dont have those intentions. As of right now, im going to say i am enetering just to visit my GF, like i always do, and answer the usual questions, the getting married whilst there route is by no means dead yet, but i will wait until im with her in person to discuss it in depth, we may still end up doing that, but now, before i travel that is not my plan. Thanks anyway.

You don't address the intentions one way or the other. Just give a generic truthful answer, when asked the purpose of your visit.

Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

Google Who is Pushbrk?

A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

 
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