K1 VS B1/B2

[djgirl 0]

Sorry If this is post on the wrong section, I really dont know where this will go.

I met boyfriend online on skype, and we were on long distance relationship for 6 months skyping then came to the US on new years of 2012 under a student visa (F1). He studed in here in the US until Apirl and back to his country. He then came back to visit me on the following new years eve. On may of 2014 I went to his country, down in brazil for the summer and now he's planning to back here in America and we are thinking of the possiblity of getting married and living in the US. What would be better?

Trying to take the K1 visa or him comming here with a tourist visa that he already has and getting married, and apply for a change of status in the US.

What would be best if my boyfriend has already a toursit visa and came here a few times, I also went to his country down in Brazil once recently 2 months would it be worthy to get married in a tourist visa or should it be better for him to apply k1 visa in his country?

P.S I am currently of course from the US He's from Brazil

Edited October 17, 2014 by djgirl

[Girl from Celebes 588]

Planning to get married with a tourist visa before he stepped the foot on the US soil is considered a fraud.

[djgirl 0]

I met boyfriend online on skype, and we were on long distance relationship for 6 months skyping then came to the US on new years of 2012 under a student visa (F-1). He studed in here in the US until Apirl and went back to his country. He then came back to visit me on the following new years eve with a tourist visa.

I went to his country, down in brazil for the summer 2014.

Now he's planning to back here in America and we are thinking of the possiblity of getting married and living in the US.

What would be better?

Changing his visa to K1 visa in his country and come back to the US with that visa

OR

Comming here with a tourist visa that he already has, and getting married?

I had to edit it I dont know where the edit button is.

[Not a Tailor 1,370]

Planning to get married with a tourist visa before he stepped the foot on the US soil is considered a fraud.

Getting married in the US with a tourist visa and having had plans to do so is NOT fraud.

Getting married in the US with a tourist visa and STAYING in the US afterwards, and having planned to do so IS fraud.

Your legal options are thus, djgirl:

Option 1) You can apply for a K-1 Visa and adjust his status to CR-1 after the wedding. You must get married within 90 days of activating a K-1.

Option 2) Get married in the US on his tourist visa. He RETURNS TO HIS COUNTRY and you file for a CR-1. He must wait IN HIS COUNTRY for the CR-1 (or in another country that is NOT the United States).

Those are your only two options. Marrying on a tourist visa and him staying in the US is not an option if you plan to do it. You cannot plan that and do it legally. And they check for ANY trace that you might have planned it. So don't commit fraud.

[Girl from Celebes 588]

Getting married in the US with a tourist visa and having had plans to do so is NOT fraud.

Getting married in the US with a tourist visa and STAYING in the US afterwards, and having planned to do so IS fraud.

Your legal options are thus, djgirl:

Option 1) You can apply for a K-1 Visa and adjust his status to CR-1 after the wedding. You must get married within 90 days of activating a K-1.

Option 2) Get married in the US on his tourist visa. He RETURNS TO HIS COUNTRY and you file for a CR-1. He must wait IN HIS COUNTRY for the CR-1 (or in another country that is NOT the United States).

Those are your only two options. Marrying on a tourist visa and him staying in the US is not an option if you plan to do it. You cannot plan that and do it legally. And they check for ANY trace that you might have planned it. So don't commit fraud.

She mentioned about adjusting of status afterwards on her first post from a tourist visa. That's why I did not repeat again on my first post.

[baron555 934]

Since you two are already talking getting married, you have two legal options:

1. K-1 all the way

2. Visitor visa, get married, then he returns and you file for a CR-1 visa.

Coming here on a visitor visa and getting married and him staying and trying to AOS is visa fraud and could face a lifetime ban.

Your gamble.

[TBoneTX 45,540]

*** Thread moved from K-1 Process forum to the "What Visa Do I Need" forum. ***

[Ana88 6]

K1.

Going into the US on any other visa with the intentions to get married is illegal. You would need to prove no connections before entry and if you tried thatit would be fraud. Safest, fastest and legal option would be stay where he is and go through K1 process.

K1.

Going into the US on any other visa with the intentions to get married is illegal. You would need to prove no connections before entry and if you tried thatit would be fraud. Safest, fastest and legal option would be stay where he is and go through K1 process.

[Ning 619]

K1.

Going into the US on any other visa with the intentions to get married is illegal. You would need to prove no connections before entry and if you tried thatit would be fraud. Safest, fastest and legal option would be stay where he is and go through K1 process.

K1.

Going into the US on any other visa with the intentions to get married is illegal. You would need to prove no connections before entry and if you tried thatit would be fraud. Safest, fastest and legal option would be stay where he is and go through K1 process.

You are incorrect twice.

It is not illegal to enter the USA with the intention of being married. Its is illegal to do so using a tourist visa if the original intent is to remain and file an AOS.

[msbau764 245]

Where is boiler and some other people saying: "well, life happens, just AOS"? How can one case be considered fraud, and the other okay just because the beneficiary was pregnant? (The Chile Example). I call double standard by some posters here. If the OP had said, "I hadn't thougt about getting married until one day it occurred to her she would have gained sympathy from the faction on VJ that encourages adjusting status with a tourist visa.

[Ning 619]

Where is boiler and some other people saying: "well, life happens, just AOS"? How can one case be considered fraud, and the other okay just because the beneficiary was pregnant? (The Chile Example). I call double standard by some posters here. If the OP had said, "I hadn't thougt about getting married until one day it occurred to her she would have gained sympathy from the faction on VJ that encourages adjusting status with a tourist visa.

I don't know who you are talking about and it probably doesn't matter. What does matter is the law. The law that is approved by the govt. That law says if a person enters the USA on a tourist visa with the intent of marrying and then filing an AOS has committed fraud. That same law allows for those that enter, marry with the intent of leaving and change their mind and decide to remain can file the AOS to do so.

Again I don't know who the mystery faction is but I do know that V J has a forum that helps people learn how to legally follow the law to file the AOS.

The U S govt is responsible for the adjustment procedure. It seems to me that Boiler and others are just more aware of those laws and are encouraging people to use the in place legal procedure.

[msbau764 245]

I don't know who you are talking about and it probably doesn't matter. What does matter is the law. The law that is approved by the govt. That law says if a person enters the USA on a tourist visa with the intent of marrying and then filing an AOS has committed fraud. That same law allows for those that enter, marry with the intent of leaving and change their mind and decide to remain can file the AOS to do so.

Again I don't know who the mystery faction is but I do know that V J has a forum that helps people learn how to legally follow the law to file the AOS.

The U S govt is responsible for the adjustment procedure. It seems to me that Boiler and others are just more aware of those laws and are encouraging people to use the in place legal procedure.

What I am talking about is how two cases yet similar result in different responses from the VJ community. Basically you are saying that one way to get a green card is to come to the US with the intent of leaving, and then suddenly, because the intent initially was to return, decide to "change" one's mind, marry and file for AOS? No wonder there is so much scrutiny regarding B1/B2 visas. What you are referring to is a loophole which has been abused. The mentality to use visitor's visas to AOS because they "met" someone on vacation or because they had an epiphany and would rather stay is bogus. It is cutting in line so to speak. You can do it, yet it doesn't mean it is right. Why even bother with a K1 or K3 if you can just "change" your mind upon entry? I say the OP should encourage her SO to go on vacation with a return ticket, and then "reverse" course and file for AOS based on your logic.

[Ana88 6]

You are incorrect twice.

It is not illegal to enter the USA with the intention of being married. Its is illegal to do so using a tourist visa if the original intent is to remain and file an AOS.

As the OP said "him comming here with a tourist visa that he already has and getting married, and apply for a change of status in the US." When I said get married I meant in this case as getting married and staying as thats what they planned to do. Sorry I didn't spell it out. Edited October 18, 2014 by Ana88

[Ning 619]

What I am talking about is how two cases yet similar result in different responses from the VJ community. Basically you are saying that one way to get a green card is to come to the US with the intent of leaving, and then suddenly, because the intent initially was to return, decide to "change" one's mind, marry and file for AOS? No wonder there is so much scrutiny regarding B1/B2 visas. What you are referring to is a loophole which has been abused. The mentality to use visitor's visas to AOS because they "met" someone on vacation or because they had an epiphany and would rather stay is bogus. It is cutting in line so to speak. You can do it, yet it doesn't mean it is right. Why even bother with a K1 or K3 if you can just "change" your mind upon entry? I say the OP should encourage her SO to go on vacation with a return ticket, and then "reverse" course and file for AOS based on your logic.

I know what you are talking about. What you have described in your " basically " rant is exactly correct. You are disturbed that you or someone like you isn't appointed the thought police for America.

Is there a " loophole " . Yes. You simply just stumbled across something that has existed for a long time. Unfortunately you are not in charge of right and wrong other than your own choices.

I can do it? No but many others can and will. You see I am proud to be an American citizen.

Why bother? Because some people will want to do what is right even though they wont ask you for permission. Another reason is the initial difficulty of being granted a tourist visa.

Please contact the O P by P M to explain exactly what you expect of them. You may find that one person in a million that will do what you think of as right and disregard the actual use of the existing laws.

My logic? No. Its the U S government that determines the laws by using the system we enjoy to create those very laws; not me. It is certainly true that the O P could use those very laws and a total understanding of the application and definition of " intent " to gain a green card.

[Ning 619]

Sorry If this is post on the wrong section, I really dont know where this will go.

I met boyfriend online on skype, and we were on long distance relationship for 6 months skyping then came to the US on new years of 2012 under a student visa (F1). He studed in here in the US until Apirl and back to his country. He then came back to visit me on the following new years eve. On may of 2014 I went to his country, down in brazil for the summer and now he's planning to back here in America and we are thinking of the possiblity of getting married and living in the US. What would be better?

Trying to take the K1 visa or him comming here with a tourist visa that he already has and getting married, and apply for a change of status in the US.

What would be best if my boyfriend has already a toursit visa and came here a few times, I also went to his country down in Brazil once recently 2 months would it be worthy to get married in a tourist visa or should it be better for him to apply k1 visa in his country?

P.S I am currently of course from the US He's from Brazil

Your second paragraph indicates the intention of committing fraud when you refer to the use of the tourist visa as a means to immigrate. If you were to do this in this manner and were found guilty of visa fraud he could suffer a lifetime ban. The most important aspect of this is what his intention was when he crossed the U S border.

What would be best is a clear understanding of the laws so you can determine the best course of action. You can certainly marry while he is in the USA on a B 2. After understanding intent he can decide what his was therefore what should be done.

He doesn't apply for a K 1 anywhere; you do by petitioning for him to be approved for a K 1. You can not do that if you are married. If you are married you will petition for a C R 1 which results in a green card upon entry.