Come over on Visa Waiver and then start K-1

[christiannokes 0]

So my fiance and I had an idea regarding being able to maximize the amount of time we can see each other the most through a K-1 (or we are thinking about doing a CR1 as well).

If she came over here on a 3 month tourist visa, would we be able to start the K-1 (or possibbly CR1) right when she got here so that 3 months of our time together also passes some file processing time?

[Tim/Mav 305]

So my fiance and I had an idea regarding being able to maximize the amount of time we can see each other the most through a K-1 (or we are thinking about doing a CR1 as well).

If she came over here on a 3 month tourist visa, would we be able to start the K-1 (or possibbly CR1) right when she got here so that 3 months of our time together also passes some file processing time?

Well, the idea you and your friend came up with is fraud to some exstent. Starting a K-1 is ok. But the intent of a tourist visa is just what it is. VISIT! Not a pre-arranged idea to find a shortcut in the system. (which is fraud to me) Moreover, you say maybe get married and go that route. Well, that is total Fraud. Not what the Visa was intended for. Hello, Visitor/Tourist Visa. Thats not your plan. The Intent of the application......... Your the reason others get hurt. Your Intent is Fraud and you are looking for suggestions how we can help you. You are asking Members with help for a soon to come scheme. Not me... Sorry, your plan is dishonest. If she violates her Visa she will get banned and kiss her Goodbye, married or not.

[Lainie B 465]

So my fiance and I had an idea regarding being able to maximize the amount of time we can see each other the most through a K-1 (or we are thinking about doing a CR1 as well).

If she came over here on a 3 month tourist visa, would we be able to start the K-1 (or possibbly CR1) right when she got here so that 3 months of our time together also passes some file processing time?

Sure, as long as she returns to Australia to get the visa.

Also, remember the VWP is different to a tourist visa.

[Hypnos 6,579]

Well, the idea you and your friend came up with is fraud to some exstent.

Spending time together using the VWP with the intent to perhaps file a K-1 down the line and to depart once their permitted stay is up is about as far from fraud as it gets. There is nothing wrong with it whatsoever and you should refrain from posting bunk information like this that has no basis in reality.

Edited October 30, 2012 by Hypnos

[Lainie B 465]

Sure, as long as she returns to Australia to get the visa.

Also, remember the VWP is different to a tourist visa.

I meant to say as long as she returns to apply for the K-1 (or CR-1) visa.

She can be in the US when you submit the petition, and wait out some of the time in the US.

If she's from Australia she would use the VWP, not a tourist visa

[Penguin_ie 6,003]

Your plan is absolutely fine. It is NOT fraud in any way to plan on visiting before starting the visa process, or file the petition while you are in the USA, as long as the beneficiary will return home after her 90 days on the VWP are up. Same for getting married in the USA (or elsewhere). Have you met in person before, in the last two years? If so, you can minimise the time even more by filing the K1 now, before she even visits you again.

[dekedwin 52]

From all I have read off and on for a quite a while now, I think that there is no problem with you starting your process as long as you return like the others have said to Australia to complete that process. You can even get married as long as afterwards before your legal stay is finished you return to your country to complete the process of the CR 1. The fraud is when you plan to come in the country, get married, stay, and adjust status. If you come, don't plan to get married, but end up getting married, then adjust status, that is not fraud, but if before you come you have intentions of getting married and immigrating the immigration people have a way of finding that out, and it is very risky, so don't do that!

[christiannokes 0]

I meant the VWP, not the Tourist Visa.

Definitely, we don't want to do anything risky...especially fraud. She would be going home after the 3 months to wait out the additional (hopefully) 3 months that it may take to finish the paperwork. No AOS's until she goes home and comes back on a K-1 and we get married.

We don't plan on getting married when she comes over, so that would indeed be a spontaneous thing if it did happen. If we did she would go home and wait for the paperwork to be completed.

We visited in the last 2 years. In fact she was here on the VWP from July-Sept.

What I worry about, if she files for the K-1 before she comes here, is that her chances of being denied entry on a VWP would be increased due to the fact that she applied for the K-1. I've read about that before. Any comments on this?

It is ok for her to file for a K-1 while she is in the US on a VWP though right?

[LeftCoastLady 441]

To clarify, the K-1 visa process starts with you, the US Citizen, filing a petition (I-129F). The K-1 visa application would happen in your fiancée's home country. (Similarly, if you opt for the spousal visa, you would initiate the process by filing the I-130 petition.)

As far as entering the U.S. on VWP after the petition is filed, many people do that. Be sure to check the pinned thread up top called, "Yes, you can visit!" to get insight on others who have traveled to the U.S. Is there a risk of her not being able to enter? Yes, which is why it's important she travel with proof that she will be returning home after the allotted stay in the U.S.

Good luck!

I meant the VWP, not the Tourist Visa.

Definitely, we don't want to do anything risky...especially fraud. She would be going home after the 3 months to wait out the additional (hopefully) 3 months that it may take to finish the paperwork. No AOS's until she goes home and comes back on a K-1 and we get married.

We don't plan on getting married when she comes over, so that would indeed be a spontaneous thing if it did happen. If we did she would go home and wait for the paperwork to be completed.

We visited in the last 2 years. In fact she was here on the VWP from July-Sept.

What I worry about, if she files for the K-1 before she comes here, is that her chances of being denied entry on a VWP would be increased due to the fact that she applied for the K-1. I've read about that before. Any comments on this?

It is ok for her to file for a K-1 while she is in the US on a VWP though right?

[Lainie B 465]

I meant the VWP, not the Tourist Visa.

Definitely, we don't want to do anything risky...especially fraud. She would be going home after the 3 months to wait out the additional (hopefully) 3 months that it may take to finish the paperwork. No AOS's until she goes home and comes back on a K-1 and we get married.

We don't plan on getting married when she comes over, so that would indeed be a spontaneous thing if it did happen. If we did she would go home and wait for the paperwork to be completed.

We visited in the last 2 years. In fact she was here on the VWP from July-Sept.

What I worry about, if she files for the K-1 before she comes here, is that her chances of being denied entry on a VWP would be increased due to the fact that she applied for the K-1. I've read about that before. Any comments on this?

It is ok for her to file for a K-1 while she is in the US on a VWP though right?

It's not fraud. Don't worry about what that first person said, they misunderstood what you were planning to do.

It's fine to file for K-1 while on the VWP in the US (I did).

It's fine to file for K-1 and then visit while the petition is being processed (I did that too, and many others do).

There is a very small chance of being denied entry on the VWP, but it's extremely rare, and those that are denied (or pulled aside for questioning and then allowed in with some kind of warning) usually have a reason - ie a history of long stays on the VWP and spending more time in the US than out.

[bigdog 377]

Your plan is absolutely fine. It is NOT fraud in any way to plan on visiting before starting the visa process, or file the petition while you are in the USA, as long as the beneficiary will return home after her 90 days on the VWP are up. Same for getting married in the USA (or elsewhere). Have you met in person before, in the last two years? If so, you can minimise the time even more by filing the K1 now, before she even visits you again.

[djricky4 67]

Your plan is absolutely fine. It is NOT fraud in any way to plan on visiting before starting the visa process, or file the petition while you are in the USA, as long as the beneficiary will return home after her 90 days on the VWP are up. Same for getting married in the USA (or elsewhere). Have you met in person before, in the last two years? If so, you can minimise the time even more by filing the K1 now, before she even visits you again.