Need K1 clarification

[grhanson89 0]

My fiancé and I are a bit confused on the K1 visa process. If she visits the U.S. on a travel visa, can we just get married at any time then just apply for green card citizenship? Or is the K-1 required to confirm a marriage date?

She is visiting me in the states at the moment and we had initially planned on applying for K-1 then having her come back after approval for marriage. Just wasn't sure what the pros and cons are of just having her come on a tourist visa and then marrying. Any help would be appreciates.

Edited August 15, 2014 by grhanson89

[Cody and Daisy 374]

In better words than I could write.

"The basic answer generally, is yes. You may enter the US on a tourist visa, marry a US citizen then return home before your tourist visa expires. The time when you do run into trouble is when you enter the US on a tourist visa with the clear intention of marrying and staying in the US.

You must remember that coming to the US with the sole intention of getting married in the US and filing for adjustment of status is deemed to be visa fraud, and US immigration officers do not take kindly to anyone they feel has committed visa fraud.

Eight things you should know before getting married in the US while on a tourist visa or on a Visa Waiver:

The marriage must be in good-faith:

One of the most important things that you will have to prove to the immigration officers is that your marriage is entered in good faith. If the officers realize that the marriage was entered only for the immigration benefits, they will deny the application and deport you back to your home country. You will have to submit sufficient documents and proof that your marriage is really a good-faith marriage.

Marriage should not be immediately after you land in the US:

It is generally not advisable that you get married immediately after landing in the US. If the marriage happens all of a sudden, and you can prove that, you may be alright. But if you entered with preconceived marriage plans, then it is recommended that you get married only after spending a reasonable period of time in the US on your tourist visa.

The 30/60 Day Rule:

The Department of State has an unwritten 30/60 day rule to help consular officers determine if someone has committed visa fraud. Even though this rule was developed by the Department of State, it is also used by USCIS when they are adjudicating applications within the United States. Foreign nationals coming to the US on tourist visa are subject to this 30/60 day rule.

This 30/60 day rule makes it risky to apply for change of status or marriage based adjustment of status within 60 days of arriving in the US and very dangerous within 30 days of arriving. People who commit visa fraud can become permanently ineligible to enter the US or receive immigration benefits. This is why it is extremely important to know about this rule and to understand how it works before you get married and apply for adjustment of status.

What will happen if you are denied Adjustment of Status?

The USCIS has very strict rules for those people who come to the Unites States on tourist visa with the sole intention of getting married and trying to stay. Not every one who gets married on a tourist visa while in the US is eligible to apply for adjustment of status. The reasons for denial of adjustment of status may include a person's health, criminal history, previous bans or simply a lack of required evidence that the marriage is bona fide or that you did not enter with a preconceived intent to marry. Let us look at the pros and cons of this situation.

If you enter the US on a tourist visa and got married, either of the following two things will happen

You can successfully apply for adjustment of status after the marriage and live happily ever after; or

The immigration officer can find there was preconceived intent, deny the application, and send you back to your home country (please note that if the immigration officer does not find that you entered into a fraudulent marriage you can always seek your immigrant visa through the consulate in your home country).

The possibility of being denied an adjustment is very real, so you should both be prepared for any eventuality.

You cannot leave the US immediately after marriage:

Once you have married and filed for adjustment of status you will not be able to leave the US until you apply for and receive advance parole or your green card. If you leave the country before receiving one of these two documents, you will not be allowed to re-enter the US. You and your spouse would have to start the immigration process from scratch by petitioning for a spouse visa for you and you will have to remain in your own country until you can complete the immigrant visa process.

Border Protection Officers are watching you:

When you arrive on a tourist visa the CBP (Customs and Border Protection) inspection officers, at a port of entry, will ask you the purpose of your travel to the US. You should always be upfront and honest with the immigration inspectors. If you state your intent as, "To see the Grand Canyon," and a search of your luggage reveals a wedding dress, be prepared for the inevitable grilling. If the border official believes that you're not coming to the US for just a visit and you cannot prove your intent to leave before your visa expires, you'll find yourself on the next plane home.

Enter the U.S. on a tourist visa, get married and return to your home country:

Many foreign nationals want to know if they can come to the US on a tourist visa to get married, but with the intention of going back to the home country after the marriage.

Nothing says that you can't get married on a tourist visa, but this can be tricky. You can get married and go back home before your visa expires, but you'll need hard evidence to prove to the CBP officials that you intend to return your home country. You have to come armed with lease agreements, letters from employers, and above all, a return ticket. The more evidence that you can show that proves your intention to return home, the better your chances will be of getting through the border.

No excuse for visa fraud:

If you think its easy to fool the US immigration officers then I would say you should think twice. If you are caught violating the immigration laws, you could be accused of committing visa fraud. If fraud is found, you will face serious consequences. At the very least, you will have to return to your home country. Even worse, you may receive a ban from reentering the US, a ban that could be indefinite."

[KayDeeCee 4,903]

Oh, an article, not sourced, from visapro.com.

If you have changed your plans and now wish to marry and file for AOS, then you can. It is not fraudulent to do so.

Follow this guide > http://www.visajourney.com/content/i130guide2

~ Moved from K-1 Process to AOS from Work, Student & Tourist Visas ~

[Harpa Timsah 13,261]

That article is stupid, there is no 60/90 day rule. I skipped reading after that.

[vitoralves 4]

That article is stupid, there is no 60/90 day rule. I skipped reading after that.

According to the Department of State’s Foreign Affairs Manual ( http://www.state.gov/documents/organization/87011.pdf ), the 30/60-day rule is meant to be used for guidance only, since it is not governed by the statutes or regulations.

So there is the fact that an IO can think that you came with the intent of marriage if you marry in your first month here. It is better seen if you don't marry on your first 3 months. But if you can prove that it was not your intent, you can marry on your first week here. Good luck with that though

[KayDeeCee 4,903]

There is no 30/60 day immigration law. You can search the INA for it and come up empty. Immediate relatives cannot be denied AOS based on preconceived intent. Intent alone is not enough for a denial. (<- Edited to add the word NOT to that sentence. Oops for posting tired and leaving it out last night ).

See Matter of Cavazos > http://www.justice.gov/eoir/vll/intdec/vol17/2750.pdf

and

Matter of Ibrahim > http://www.justice.gov/eoir/vll/intdec/vol18/2866.pdf

Edited August 16, 2014 by KayDeeCee

[Cody and Daisy 374]

Hence the quotations, I was using it as a mere guideline. I remember reading it once when I was curious so I just grabbed it.

I've no idea about marrying on Esta or. Tourist visa so I can't give my personal knowledge on it.

[KayDeeCee 4,903]

Not a good 'guideline' though. Seems to be something written to scare people into paying for the services of an attorney.

If you did not misrepresent yourself at the time you applied for the tourist visa and/or when using it to enter the US, then the law allows you to marry, stay and file for AOS.