Engaged and Entering US on P1 work visa

[ejmac 0]

I am a US citizen, my fiancee is a British citizen from Scotland looking to settle in the US. He will be entering the US on a P1 work visa, then we are planning to marry. Can anyone advise as to the best way to proceed?

[flipside 0]

The best way to proceed would be to get a lawyer.

He's entering the country under false pretenses. Thats a big no-no.

[pax 0]

Now, hold up...you don't know that. Particularly if he sought and secured the visa prior to the engagement.

First of all, please enlighten us as to what a P-1 visa is. I sure don't know. Most VJers only know much of anything about family- and marriage-based visas.

[Peter Miami 0]

We need more info.

Good luck,

Peter Miami

[ChristinaM 0]

http://uscis.gov/graphics/services/visas.htm

P1 is an entertainers/athletes visa.

http://uscis.gov/lpBin/lpext.dll/inserts/s...slb-act101a15pi

By the looks of things, one would have to show considerable non-immigrant intent in order to get one, as well as evidence that they were attending a specific event. From the provisions shown, it looks like it would be a more intensive visa to get than a K1, so it's definitely not one to seek for the purpose of avoiding the K1 procedure!

That being said, it is very firmly a NON-immigrant visa. From the impression I get from the USCIS website, it would appear to be much like adjusting from B2, or the VWP - allowed as long as that was not the initial intention upon entry. This website states that you can do AOS from a P1:

http://faq.visapro.com/P1-Visa-FAQ6.asp#Q16

ejmac, my guess would be that because your fiance is not in the US at the moment and you intend to get married, you would have trouble justifying it as "spontaneous and unplanned" in an AOS interview. (It would also be immigration fraud if he entered on his P1 with the sole intent of marrying and adjusting status, not advisable!) One way to do what you're looking to would be to marry and file for K3 (or CR1 via DCF, if London will allow it) whilst your other half is still in the US on his P1, thus minimising the waiting time. You would have to ensure that whatever business your other half has (you didn't say if he's an athlete or performer) would be concluded by the likely time of interview in the UK.

Hope that helps!

(PS: I also found it a little scary that I knew what a P1 was before I looked up the links. Think I could have a possible career as an attorney, if I get my butt back to school?! )

Edited March 8, 2006 by clmarsh

[flipside 0]

Now, hold up...you don't know that. Particularly if he sought and secured the visa prior to the engagement.

He will be entering the US on a P1 work visa, then we are planning to marry.

Isn't that what you would call "intention to emigrate"? I dont think it matters when they got engaged or when he got his P1..

[pax 0]

First of all, the OP says they're planning to marry. Not that her fiance is planning to immigrate. Big difference.

Second of all, it's entirely possible that the engagement happened without regard to the visa or lack thereof.

Clmarsh's post sums up their options, as I understand them, pretty well. So far, the OP's sweetie doesn't seem to have fraudulent intent. He doesn't seem to have gotten the P visa to circumvent the K visa, and as far as we know, he is duly qualified for a P visa.

One option that Clmarsh didn't mention that I will is filing for a K-1 as soon as the OP's sweetie hits the States. That way they can enjoy as much time as possible together, he can fulfill his P-1 obligations, head back for the interview, and come back on his K-1 to get married. Piece of cake, and most likely faster than either a K-3 or a CR-1.

London won't allow DCF unless the American half of the couple has ILR in the UK, so unless the USC is 2+ years resident in the UK, that's a no-go.

Edited March 8, 2006 by pax

[ChristinaM 0]

(ii) Evidence required to accompany a petition for a P nonimmigrant. Petitions for P nonimmigrant aliens shall be accompanied by the following:

(A) The evidence specified in the specific section of this part for the classification;

(B ) Copies of any written contracts between the petitioner and the alien beneficiary or, if there is no written contract, a summary of the terms of the oral agreement under which the alien(s) will be employed;

(C ) An explanation of the nature of the events or activities, the beginning and ending dates for the events or activities, and a copy of any itinerary for the events or activities; and

(D) A written consultation from a labor organization.

(iii) Form of documentation. The evidence submitted with a P petition should conform to the following:

(A) Affidavits, contracts, awards, and similar documentation must reflect the nature of the alien's achievement and be executed by an officer or responsible person employed by the institution, establishment, or organization where the work was performed.

(B ) Affidavits written by present or former employers or recognized experts certifying to the recognition and extraordinary ability, or, in the case of a motion picture or television production, the extraordinary achievement of the alien, which shall specifically describe the alien's recognition and ability or achievement in factual terms. The affidavit must also set forth the expertise of the affiant and the manner in which the affiant acquired such information.

(C ) A legible copy of a document in support of the petition may be submitted in lieu of the original. However, the original document shall be submitted if requested by the Director.

http://uscis.gov/lpBin/lpext.dll/inserts/s...lb-8cfrsec2142p

Would anyone really go through all that to circumvent the K1 process?!

I think I was pretty explicit in what I would see their options to be assuming they wish to marry in the US, the only other alternative is to consult an immigration attorney - advisable in any case as a P1 is not a common visa to this site and to be honest, we're all offering "best guess" solutions

Edited March 8, 2006 by clmarsh

[pax 0]

Minor correction on my post: I should have said that the OP didn't state that her fiance wanted to immigrate on his P visa.

I do agree with Clmarsh that a consult with a good immigration attorney is probably in order. We have very few marriage-based adjustees from work or student visas here, and none that I know of from P visas.

[john_and_marlene 162]

I am a US citizen, my fiancee is a British citizen from Scotland looking to settle in the US. He will be entering the US on a P1 work visa, then we are planning to marry. Can anyone advise as to the best way to proceed?

The best way to proceed if you get married while he is here on the P1 visa is for him to return to Scotland after the marriage and before his I-94 expires and for you to then file for CR1/K3 visa.

It's not fraud to get married. It's fraud if he enters with the P1 with the intention to marry and adjust from the P1.

[pax 0]

I suspect John is right about the P-1 not being a dual intent visa, but again, you might want to consult with an attorney about your options.

I'm probably in the minority here about your options should you decide that trying to marry and adjust on a P-1 isn't the best idea, but I'm going to say again that you should start an I-129F petition for a K-1 visa as soon as your sweetie gets here, if you can. A K-1 will most likely be quicker than either a K-3 or a CR-1. I don't know how long your sweetie will be stateside, but if it's for a couple of months, your petition will probably be approved in that time and he can head back to the UK for his medical and interview, get his visa, come back, and get married. *Most* K-1s through the UK fly through in less than six months (BUT YOUR MILEAGE MAY VARY).

[Saddle Bronc 124]

It may be possible to do AOS, but I'm in agreement with consulting an immigration attorney.

[pax 0]

I was hoping Sriniv would drop by; he knows a lot about work visas.

But yeah, a sit-down with a good attorney can't hurt.

[john_and_marlene 162]

It may be possible to do AOS, but I'm in agreement with consulting an immigration attorney.

The poster indicated that he is not here yet. Entry with a nonimmigrant visa with intentions to immigrate IS NOT LEGAL. Any legitimate immigration attorney will tell them the same. The issue here is that their current plan involves the use of a nonimmigrant visa with intent to immigrate.

The situation might have allowed them to file AOS if the decision to marry happened after he was already here, but I'm not sure if that's even allowed from a P1 visa. The answer of whether it can be done from a P1 is overcome by the fact that the intent to immigrate has been established prior to entry.

Edited March 8, 2006 by john_and_marlene

[pax 0]

It may be possible to do AOS, but I'm in agreement with consulting an immigration attorney.

The poster indicated that he is not here yet. Entry with a nonimmigrant visa with intentions to immigrate IS NOT LEGAL. Any legitimate immigration attorney will tell them the same. The issue here is that their current plan involves the use of a nonimmigrant visa with intent to immigrate.

That's the whole point...we don't know what an immigration attorney will tell them. Some student and work visas are dual-intent. I have no idea if a P visa is or not, and I'm guessing you don't either.

This is not a DIY job, I suspect. Her fiance does have a visa which for all intents and purposes is legit, and they want to get married. We don't know how USCIS is likely to treat a P adjustee, whether or not it's legal to come in on a P visa with the intent to fulfill the terms of the visa and then marry...we don't know. And I don't think it's wise for people to be telling her that it's definitely illegal to adjust from a P visa if the couple in question is engaged at the time of entry. It may very well be. But it may be do-able.

Which leads me to believe that we should be telling the OP that very few people on VJ, myself included, know the first thing about work-visa-to-marriage-to-AOS, and that she might be better served by posting at British Expats (www.britishexpats.com) and consulting a good immigration attorney.