Skip K-1 Visa?

[wlcmore 0]

I've been searching to find experiences and I'm having trouble finding any. I've booked a flight to the uk to bring my fiance back with me to visit my family in florida. We would prefer to not wait on the k-1 process. Just thinking with all the illegals in the country already what are the consequences to marrying her at the courthouse and filing for a AOS afterwards? Would they send her back immediately or would we be able to stay together while the process went thru?

I see that she should return to the uk while the I-130 is in process.... I'm just looking for personal experiences/

Thanks VJ

[TimeTravel 78]

Is it worth for you to take risk to get her banned for life time?

Do the right thing! Follow the right path!

[Alaska2012 462]

What you are thinking about doing is fraud. She could be sent back and get banned.... Is it really worth the risk?

[wlcmore 0]

Ok Thanks scratch that, guess that ones out the window

[aws&ndd 103]

You can get married no problem. You cannot file for AOS. If you marry here, your fiancee will have to return to the UK once her time is up according to her date on the I-94. You will have to file a spousal visa to bring her back to the US.

You CAN file the I-130 spousal petition while she is still here, so you can spend some time together while it is processing.

[VanessaTony 3,567]

Quite honestly they might never find out. You might go through the process totally fine, in fact chances are good you will. BUT it would be remiss of me if I didn't mention the penalty IF they found out. There is no appeal from a denial from a VWP AOS (which is what you'd be doing). She'd be ordered to leave and you've have to file a spousal visa. She could also be found guilty of a "material misrepresentation" which can carry a lifetime ban.

None of us WANTED to wait and be apart, but it's the legal route to be together. I personally wouldn't risk trying to AOS in this manner because of the stress and risks involved, but it certainly was tempting.

Also, it's against the VJ TOS to advise fraud, which is what entering with intent to immigrate is.

[Khan sab 4]

k1 is total bullshit

[Kastrs 723]

What you are thinking about doing is fraud. She could be sent back and get banned.... Is it really worth the risk?

I Agree! it is fraudulent to enter the US using either a tourist visa or VWP to enter the US with the intention to get married! It's not like any of us want to be separated from our partners during this journey. We are just trying to do everything the right and LEGAL way.

[VanessaTony 3,567]

I Agree! it is fraudulent to enter the US using either a tourist visa or VWP to enter the US with the intention to get married! It's not like any of us want to be separated from our partners during this journey. We are just trying to do everything the right and LEGAL way.

No it's not. It's perfectly legal to enter with intent to marry, it's NOT legal to enter with intent to AOS.

[Alaska2012 462]

I Agree! it is fraudulent to enter the US using either a tourist visa or VWP to enter the US with the intention to get married! It's not like any of us want to be separated from our partners during this journey. We are just trying to do everything the right and LEGAL way.

No it's not a fraud or anything wrong with getting married on a VWP, i did it myself, however you have to go back to your country and wait out the process.

Coming over on a VWP with the intent of getting married AND adjust your status and just stay that is a fraud.

[david'sgirl 134]

I've been searching to find experiences and I'm having trouble finding any. I've booked a flight to the uk to bring my fiance back with me to visit my family in florida. We would prefer to not wait on the k-1 process. Just thinking with all the illegals in the country already what are the consequences to marrying her at the courthouse and filing for a AOS afterwards? Would they send her back immediately or would we be able to stay together while the process went thru?

I see that she should return to the uk while the I-130 is in process.... I'm just looking for personal experiences/

Thanks VJ

If you really plan to marry here then have her go home and file for spouse visa you can use VWP. If you want her to remain here then you need to wait for the fiance visa or get married and wait for the spouse visa. My husband has family in the UK so we needed for him to be able to travel and we also needed for him to be able to drive and get a job once he moved here. We went with the CR1 I-130 after we wed in Scotland. It is so much easier for a USC to get a fiance visa. I applied online, followed the directions and was even able to have my fingerprints and photo for visa done in the local US office in Boston since the UK is an ally.

I flew home and applied for the visa for my hubby. He was still able to visit on VWP while we waited for his visa to come through and he was able to get social which you need to get a driver's license and he was able to work and travel from the start. It was the best option for us. It sucks being apart and none of us like it but until the process if changed it is what we must do. It certainly is not worth risking a ban by breaking the rules. Best of luck to you.

[ico 1]

After undergoing most of the process the son of an inmigration lawyer told me that if you get married on her 3rd month of staying there, the marriage is not considered "suspicious". I have no idea how true is this, or if you want to take the risk.

[dekedwin 52]

As has been said there is no problem with coming and getting married as long as the plan is not to AOS after that. If you are already in the country, then you decide to get married and AOS, that is acceptable, but if it can be proven that you came from another country with that intent, then you are in trouble. It is my understanding that you can visit and spend time together with each other in the country you hope to live in, but the correct visa is important, and it is important to go through the process in your country. The ones who are able to visit and spend time together are lucky, because for some people it is not that easy, and in many cases impossible. The K1 is good for some people while other people prefer the CR1, or IR1, depending on the length of time you have been married. The K1 I think costs more money. The K1 gets you into the country sooner many times, but you can't do much, with lots of restrictions once you get there with the K1, while with the CR1 you are ready for life once it is approved and you get into the country.

Edited February 2, 2013 by dekedwin

[aws&ndd 103]

The marriage itself isn't in question, it's the adjusting of status afterwards. If there is intent to stay upon arriving, even if you wait "3 months", it is still fraud.

[mtcmk1 37]

There is no problem with you getting married while she's there. But then, she has to move back to her home country and wait while you file for her spousal visa. That's the legal way and the one that has less stress. If you can't be apart for that long, then, maybe find out the legal way to stay with her in the UK. Or make trips to and from when you get the chance.