K-1 Visa or Immigrant Visa

[carlos_sassie 0]

Hi guys,

We're new here, and we are trying to get the K-1 Visa, so that we could get married in the US. But it's frustrating, with all the paperwork. So we called the US Consulate here in Japan and they suggested to get married here in Japan instead of getting married in the US and then we could apply for the Immigrant Visa to make things easier, and would take about less than 6 months. The problem is my fiance is leaving next month to go back to his next station in the US (he is a Marine) and the military requires a special paperwork before getting married and we have no time for that. We are still confused on what to do, another thing, I'm a Japanese citizen and if i want to go to the US, I don't have to get a Visa, Japanese are included on the Visa Waiver Program and able to stay for 90 days, my question is, can we get married there in the US withought having the K-1 Visa? Or will it just cause alot of problem. Please advice. Thank You!

[chocolaterie 0]

this is a controversial question (marriage with the VWP/tourist visa). When you come on the VWP or tourist visa, you're coming for just that. If you have immigrant intent, then you're committing visa fraud. But if you came to the USA and on the spur of the moment, got married than that's legal.

[my_oh_my 0]

hey there carlos_sassie,

are you talking about the paper that states that your fiancee is single and not married yet and actually eligable to get married? if so it really shouldnt take long to get that paper. All he has to do is go to his commander and get it. It was easy for my husband (Ex-Army).

yes it is illegal to come to the states with the intention of getting married and staying in the states. That doesnt mean you shouldnt get married in the states. If you do you should leave the country after the marriage and start the K3 / CR1/IR1 - Visa process.

but if you do get married in the states have everything that has to do with the marriage sent to your fiancee before you enter the states. Carrying your wedding dress or important documents on you during border control may cause you trouble.

[ufkenmill 0]

Don't come over using your japan citizenship and then get married. You will probably be sent home and possibly even barred from the country for a time.

The K-1 process doesn't take that long in comparison to a spousal visa. The spouse visa could end up taking a long time. That's why we are using the K-1, we don't feel like waiting around here for possibly another year as I am living in Thailand with her.

[aussiewench 9]

Entering the US under the VWP even with plans to get married, is NOT illegal. As has been stated, having intentions to immigrate is.

From US Embassy Australia site, but it is the same deal for any country.

If you intend to remain permanently in the U.S., attempting to enter on a nonimmigrant visa or under the visa waiver program is not advisable and could result in your involuntary return to Australia. In order to be granted admission on a nonimmigrant visa or under the visa waiver program, you must prove that you have a residence outside the U.S. to which you intend to return, at least temporarily. It is at the discretion of U.S.C.I.S. at the port of entry whether to admit a traveler in that case.

If you are granted entry you can make an application to U.S.C.I.S. for an adjustment of status. If your application is approved, U.S.C.I.S. will give you permission to remain in the U.S. whilst you conclude processing your adjustment of status application. If they reject your application, you will be required to depart the U.S. and apply for an immigrant visa at the U.S. Embassy or Consulate in your country of residence.

[zyggy 9]

Entering the US under the VWP even with plans to get married, is NOT illegal. As has been stated, having intentions to immigrate is.

From US Embassy Australia site, but it is the same deal for any country.

If you intend to remain permanently in the U.S., attempting to enter on a nonimmigrant visa or under the visa waiver program is not advisable and could result in your involuntary return to Australia. In order to be granted admission on a nonimmigrant visa or under the visa waiver program, you must prove that you have a residence outside the U.S. to which you intend to return, at least temporarily. It is at the discretion of U.S.C.I.S. at the port of entry whether to admit a traveler in that case.

If you are granted entry you can make an application to U.S.C.I.S. for an adjustment of status. If your application is approved, U.S.C.I.S. will give you permission to remain in the U.S. whilst you conclude processing your adjustment of status application. If they reject your application, you will be required to depart the U.S. and apply for an immigrant visa at the U.S. Embassy or Consulate in your country of residence.

However, Japan is one of those countries where the USC does not need to be resident in Japan to do DCF. This is probably what the consulate is talking about. In this case, it may be wiser to get married in the US or another third country, have the alien spouse and USC return to Japan and then have the USC file the I-130 at the Embassy in Tokyo. The USC can then reutrn to the US while the alien spouse awaits her CR-1 interview.

In this case, the CR-1 very well may take a shorter period of time to get than the K1 and it is a far more powerful visa as the alien spouse will be a permanent resident at the time she enters the US.

As others have said, when the alien enters the US and during the primary inspection admits that she is entering the US in order to marry a USC, there is a high possibility that the entry will be denied... no matter how much evidence to the contrary may be presented. This is why it may be wiser for the OP to consider getting married in a third country that is relatively easy to get married in such as the Carribean, Canada or another locale.

Edited March 2, 2006 by zyggy

[Jaylen Brit 0]

Do they expediate for members of armed forces? I know the poverty level requirement is less..not sure about the speed tho

Other posters are correct tho - if you enter the US using a VWP with the intent of getting married it is FRAUD for which you 'could' receive a life ban.

K1 and K3 (also DCF) havent been a HUGE amount of time differences between them for a while cos everyone slowed up.

If your intended gets deployed overseas again then it might be worth marrying in Japan and then going thru the K3 from which ever country you both end up stationed in (presuming you are together).

Good luck to the both of you

[zyggy 9]

Entering the US under the VWP even with plans to get married, is NOT illegal. As has been stated, having intentions to immigrate is.

From US Embassy Australia site, but it is the same deal for any country.

If you intend to remain permanently in the U.S., attempting to enter on a nonimmigrant visa or under the visa waiver program is not advisable and could result in your involuntary return to Australia. In order to be granted admission on a nonimmigrant visa or under the visa waiver program, you must prove that you have a residence outside the U.S. to which you intend to return, at least temporarily. It is at the discretion of U.S.C.I.S. at the port of entry whether to admit a traveler in that case.

If you are granted entry you can make an application to U.S.C.I.S. for an adjustment of status. If your application is approved, U.S.C.I.S. will give you permission to remain in the U.S. whilst you conclude processing your adjustment of status application. If they reject your application, you will be required to depart the U.S. and apply for an immigrant visa at the U.S. Embassy or Consulate in your country of residence.

However, Japan is one of those countries where the USC does not need to be resident in Japan to do DCF. This is probably what the consulate is talking about. In this case, it may be wiser to get married in the US or another third country, have the alien spouse and USC return to Japan and then have the USC file the I-130 at the Embassy in Tokyo. The USC can then reutrn to the US while the alien spouse awaits her CR-1 interview.

In this case, the CR-1 very well may take a shorter period of time to get than the K1 and it is a far more powerful visa as the alien spouse will be a permanent resident at the time she enters the US.

As others have said, when the alien enters the US and during the primary inspection admits that she is entering the US in order to marry a USC, there is a high possibility that the entry will be denied... no matter how much evidence to the contrary may be presented. This is why it may be wiser for the OP to consider getting married in a third country that is relatively easy to get married in such as the Carribean, Canada or another locale.

If your fiancee is in the military and doesn't have the time to get the paperwork done, I suggest that he find the time to get the paperwork done. The military is very good at taking care of their own if it is for a very good reason. If he explains his situation, he may be able to get his superiors to expedite the paperwork for him.

Edited March 2, 2006 by zyggy

[aussiewench 9]

Other posters are correct tho - if you enter the US using a VWP with the intent of getting married it is FRAUD for which you 'could' receive a life ban.

No its not fraud, it is perfectly legal to enter the US with intent to get married even using the VWP.......It is not legal to enter with intent to immigrate after that marriage. However if one is granted entry, one can apply to adjust status. If it is denied one will have to leave the US and apply for an immigrant visa from their resident country. One must always be honest at POE or it could come back to bite em in the butt later.

[zyggy 9]

Other posters are correct tho - if you enter the US using a VWP with the intent of getting married it is FRAUD for which you 'could' receive a life ban.

No its not fraud, it is perfectly legal to enter the US with intent to get married even using the VWP.......It is not legal to enter with intent to immigrate after that marriage. However if one is granted entry, one can apply to adjust status. If it is denied one will have to leave the US and apply for an immigrant visa from their resident country. One must always be honest at POE or it could come back to bite em in the butt later.

One should add.. if one is granted entry and that entry was not based on making a material misrepresentation....or omission of pertinent facts...

[Yodrak 7]

carlos_sassie,

Agreed. Has your fiance spoken with the military legal staff at his base? (Is is called JAG for the marines?) Surely this will not be an unheard of situation for them.

Yodrak

....

If your fiancee is in the military and doesn't have the time to get the paperwork done, I suggest that he find the time to get the paperwork done. The military is very good at taking care of their own if it is for a very good reason. If he explains his situation, he may be able to get his superiors to expedite the paperwork for him.

[meauxna 15]

K-1 Visa or Immigrant Visa?

Immigrant, all the way. One month is plenty of time to get it started; he does not have to be with your for the visa interview, just to get married and file the I-130.

Toyko is very fast and easy to work with, and there are several experiences posted in the archive section of the DCF Forum here.