Marrying my Fiancee without getting a K-a Visa

[dsnake83 0]

Hi,

I apologize if this topic has already been asked, but I just don't have the time to sift through all of these forum topics, and I just want a simple question answered.

I am from Indiana, and my fiancée is from England. Is it absolutely necessary to go through all of the filing process for the K-1 visa or could we just get married when she is over here on "holiday" and not risk her getting kicked out of the country? We have been together for 1.5 years now. I have 1 more semester left in school then we want to move out to Colorado where I have accepted a job. I can't stand the thought of her being denied the Visa and just being stuck apart for another undetermined amount of time.

I appreciate all advice.

Drake

[payxibka 10,048]

Hi,

I apologize if this topic has already been asked, but I just don't have the time to sift through all of these forum topics, and I just want a simple question answered.

I am from Indiana, and my fiancée is from England. Is it absolutely necessary to go through all of the filing process for the K-1 visa or could we just get married when she is over here on "holiday" and not risk her getting kicked out of the country? We have been together for 1.5 years now. I have 1 more semester left in school then we want to move out to Colorado where I have accepted a job. I can't stand the thought of her being denied the Visa and just being stuck apart for another undetermined amount of time.

I appreciate all advice.

Drake

Their is no restriction on you getting married when she is over here on holiday. The question is how will you adjust her status. If she enters on the VWP, she enters without the "intention to immigrate". Since you are already contemplating marriage you have already complicated your situation. Nobody here will advise you on how you might circumvent the visa system by "lying" on any immigration form or being deceptive when someone is answering questions with a CBP officer at a POE.

[Ladylethal 12]

Yep. You can get married and adjust status if you can prove your marriage was a spur of the moment thing, and honestly, the chances of denial are much bigger than by going through the K1. Also, why do you think your fiancee will be denied the K1 visa? If you two have a bonafide relationship and proof of it, there's no reason you'd be denied at all.

[garya505 2]

Hi,

I apologize if this topic has already been asked, but I just don't have the time to sift through all of these forum topics, and I just want a simple question answered.

I am from Indiana, and my fiancée is from England. Is it absolutely necessary to go through all of the filing process for the K-1 visa or could we just get married when she is over here on "holiday" and not risk her getting kicked out of the country? We have been together for 1.5 years now. I have 1 more semester left in school then we want to move out to Colorado where I have accepted a job. I can't stand the thought of her being denied the Visa and just being stuck apart for another undetermined amount of time.

I appreciate all advice.

Drake

You're looking for an easy way, and you want the nice people here who are doing it legally (the hard way) to help you?

[Satellite 1]

You're looking for an easy way, and you want the nice people here who are doing it legally (the hard way) to help you?

Adjusting status via marriage to a USC by a foreigner using the VWP is just as much legal as doing the K1. It might not be as applicable in this particular case based on the alleged facts of prior immigrant intent. Also to keep in mind, the probative value of intent will come into play depending on how quickly you marry after arrival. Within 30 days it is presumed preconceived intent to immigrate, between 30 to 60 it can go either way, and over 60 days after arrival intent to immigrate is not presumed. This rule comes from USCIS internal policy and memos. It is not black letter law. But these policies tend to be followed by officers who will eventually be adjudicating your cases. Edited December 6, 2006 by Satellite

[kitkat1 5]

There's no reason to think your I-129F application and her K1 visa would be denied if you meet the requirements. But if she enters on WVP, you get married and she plans to stay here rather than go home and wait out the spousal visa processing, she could be denied at her AOS interview. (BTW, the 30,60,90 day rules has been said to be an immigration myth). Since there's no way to know if she would be approved at AOS, and denial at that point would be devastating, why not go the K1 route and save yourself the grief and worry?

[dsnake83 0]

I appreciate your responces. I think i'll be sticking with the K-1 route. We'll be applying for it in early January. I hope it goes well.

[felnfrank 1]

I appreciate your responces. I think i'll be sticking with the K-1 route. We'll be applying for it in early January. I hope it goes well.

goodluck

[Ecalos 0]

Good Luck, and welcome to VJ

[*julez* 124]

I appreciate your responces. I think i'll be sticking with the K-1 route. We'll be applying for it in early January. I hope it goes well.

Best of luck for a speedy approval!