Big mistake, starting all over again

[eliza25 0]

Hi everybody. Im so glad I found this forum.

First of all excuse my english, my first language its spanish.

Im from Chile and my fiance its from Las vegas.

We meet online 1 and a half year ago, after 3 months of chatting and skype I made my first trip to Vegas. I stay there for 2 months and it was amazing. We lived together at the same house and we fell inlove.

After that I came back to Chile, but soon I got another ticket and I flew back to Vegas. I stay 3 more months with him. Again, amazing time living together. On march this year I came back again. On July he came to Chile to meet my family and propose. I say yes and everything seems to be great.

At that point we decide to contact a lawyer in Vegas.

First lawyer told him a K1 visa was an option, but he offers another idea: To get married in USA and then to change my status. We were not sure, so we ask a second and third opinion. Every of those lawyer told him that yes, it was possible for me to enter to USA with my turist visa, get married, hire a lawyer and ask for the change of status.

I bought the tickets to fly on january 2015

We start our countdown, The idea was to get married as soon I get there, to give the lawyer more time to make the whole process.

But today everything went black.

A fourth lawyer told us what we wanted to do was really dangerous. The US goverment could tag our marriage as a fraud because to get married just after I landed was a red flad. He told us to wait untill my turist visa were about to expire (day 85) and then get married.

I start to being concern. I was not expecting that, and we dont want to make anything iilegal, we just believed what 3 lawyer told us.

So , he went to a 5th lawyer. This time it was a super lawyer, expensive and with a lot of experience (the other one seems to be realiable also for us, but this time he make an appointment to a "fancy" one".)

This woman told my fiance DONT DO THAT, and she reject to help us.

So here we are now. I told my fiance we should apply for the K1 visa, but my tickets for january are already paid (plus tickets for mom and 2 friend) so you should imagine how sad I am right now. I know I cant travel to usa if im at the K1 process (kind of stupid rule).

We have to options right now

1- To fly to Vegas on January, stay there for 2 months and then come back and apply. Thats gonna make this process 4 months longer (2 months to january + 2 months to the time I come back to Chile)

2- To cancel my trip and apply for the visa. In that case we will have to wait untill march, when he can come here to visit, to see each other.

This all situation its so hard and I know I will find some support here. If you had have this experience o you can tell me anything that help I will be really thankfull.

We are so inlove and it sucks to know all this process its just made for couples to give up. We just want to be together, and rules, laws, lawyers, customs, scam on internet, different versions and information make everything so hard.

If there is anybody from Chile or who speaks spanish please reply to this message.

Good look to everybody and... love its strong!

Edited November 11, 2014 by eliza25

[Tina and Johan 206]

A couple things: lawyer 4 is correct; you cannot come here with the intent to marry and stay. That's visa fraud. You can, however, come here, get married, then go back to chile and file a spousal visa. You can also file the K1 NOW! There's no reason you can't come visit in January while it's still in process. You just can't stay that trip. You will also need to prove ties to chile so they don't turn you away at the airport, but no reason why the K1 process can't be started now. With him living in Vegas, the case will go to CSC, which means there's a good chance it won't take months and months to get to your embassy. I'm sure others will chime in too. Congrats on your recent engagement!

[eliza25 0]

Thanks so much!

We will apply for the visa ASAP, and Im getting a wave of hope again! Im so happy I found people willing to help!

So, im gonna take the risk and just go on january, will be totally honest and tell the agent Im here to spend some time with my fiance and prepare things for the wedding.

What kind of papers could show I have ties? Sadly I work as independent so I dont have papers to proof I have a job... dont have a car or house under my name... that scares me!

And im making my first stop on MIAMI... and that makes me even more scare... I dont know I just thing with all the inmigration problem in Miami this could be an issue...

[Abbumimapa 30]

Please stop spending your, or his, hard earned money on lawyers. Gather info yourself and do what's legal and what makes sense. When you enter the country on a visit visa the intention should be to visit and not stay. Having said that if you get married while visiting and law offers you an option to adjust status and USCIS allows it then you can certainly do that. You may however be asked about it during adjustment of status process and the burden of proof will be on you. I also agree that California service center may very well approve you in days and you may have K1 in hand by January/February. But no guarantees when it comes to approval time frames. A spousal visa seems like the most time consuming option for you. Good luck! !

[Ana88 6]

Don't waste any more money on lawyers at all. As stated going with the intent of getting married and staying is fraud, getting married and going home is not. Read through all the guides here etc and you will get everything you need to know.

Apply now and touch wood you could have your visa by summer time if not sooner if you would fall in CSC area.

You can still visit in January absolutely. Just prove you have a life back home. And yes be honest.

[baron555 934]

2- To cancel my trip and apply for the visa. In that case we will have to wait untill march, when he can come here to visit, to see each other.

Do this, what those other lawyers told you is visa fraud and you risk being banned for life.

[whiteyadam 4]

Don't waste any more money on lawyers at all. As stated going with the intent of getting married and staying is fraud, getting married and going home is not. Read through all the guides here etc and you will get everything you need to know.

Apply now and touch wood you could have your visa by summer time if not sooner if you would fall in CSC area.

You can still visit in January absolutely. Just prove you have a life back home. And yes be honest.

The key word here is Intent. From what I have heard so long as you can 'prove' that getting married was a 'spontaneous' decision then there is technically no fraud as you have not entered the country with the 'intent' to marry and stay.

I have heard of cases were people have got married on a tourist visa and applied for AoS and had no problems. I have also heard of cases that end up in disaster. Best advice is go legit either file for a K1 and go to the US to get married and stay or get married and go home and then file for a spousal visa.

[Abbumimapa 30]

Below is directly from i485 instructions.

It clearly states that even if your visa expired you are able to adjust status as a spouse of US citizen.

Again.... what's unlawful is your intent to come here to marry and stay. But if you come with the intention of visit and then decide to marry and stay with your US citizen spouse and adjust status then you have done nothing wrong.

.....

You are not eligible for adjustment of status if any of the following apply to you:

1. You entered the United States in transit without a visa;

2. You entered the United States as a nonimmigrant crewman;

3. You were not admitted or paroled following inspection by an immigration officer;

4. Your authorized stay expired before you filed this application;

5. You were employed in the United States without USCIS authorization prior to filing this application;

6. You failed to maintain your nonimmigrant status, unless your failure to maintain status was through no fault of your own or for technical reasons; unless you are applying because you are:

A. An immediate relative of a U.S. citizen (parent, spouse, widow, widower, or unmarried child under 21 years old);

B. A K-1 fiancé(e) or a K-2 fiancé(e) dependent who married the U.S. petitioner within 90 days of admission; or

C. An H or I nonimmigrant or special immigrant (foreign medical graduates, international organization

.....

[Mike-eeh and Odie 193]

I say come here and visit on your tourist visa and have fun. Then return home and file for K-1. The california service center is wicked fast and you most likely will be approved in a few months. If you get married here, return home and file for a spousal visa, it could be up to a year before you see him again.

[Ulink2 7]

For normal cases, lawyer can help but think about some facts:

1. They can help you file 6 pages on the Form I-129F and attached some explanation(s) but they still need the information from you. And to be honest, 6 pages with very simple information/"skippable" information

2. They can help you to organize your evidences but you can do it yourself by do some internet research and use common sense.

3. The hardest part is the interview itself, no one can help but to prepare.

4. Spending too much time for going to their office/waiting for response/and phone calls while you should spend these time to prepare for your fiancee.

[eliza25 0]

Thanks again everybody.

It was a long night for me, but to read all your responses and messages its helping me a lot.

Its amazing how much confusion, scams and bad information you can find all over internet. Just want to say about our first idea of me going there and changing the status, that we were told by a lawyer (3 in fact) that was an option, never we intend to do anything ilegal.

What I have read its that you can do that, but TO KNOW that you are going to get married thats the problem. And yes, I guess they can found out, somehow, that you entering to get married. And thats really scary.

Anyway, we are going to apply for the K1, it will be a miracle to have the K1 for the time of my trip on january, but who knows... maybe luck its on our side because we find out about how wrong our plan was before we get married.

Im thinking about going on my trip on january but... ¿what if I need to be here in Chile to do something for the K1 and im there in Vegas?

I have not seen my fiance sice july and you can imagine how excited we are about my trip. But it makes me scare that I cant be for some important event at the K1 process ¿what do u think?

[valverdeveslings 10]

Thanks again everybody.

It was a long night for me, but to read all your responses and messages its helping me a lot.

Its amazing how much confusion, scams and bad information you can find all over internet. Just want to say about our first idea of me going there and changing the status, that we were told by a lawyer (3 in fact) that was an option, never we intend to do anything ilegal.

What I have read its that you can do that, but TO KNOW that you are going to get married thats the problem. And yes, I guess they can found out, somehow, that you entering to get married. And thats really scary.

Anyway, we are going to apply for the K1, it will be a miracle to have the K1 for the time of my trip on january, but who knows... maybe luck its on our side because we find out about how wrong our plan was before we get married.

Im thinking about going on my trip on january but... ¿what if I need to be here in Chile to do something for the K1 and im there in Vegas?

I have not seen my fiance sice july and you can imagine how excited we are about my trip. But it makes me scare that I cant be for some important event at the K1 process ¿what do u think?

The only important part that you would need to be in Chile for is your medical and interview. Worst case scenario is that your interview is scheduled during your trip... all you would need to do is contact the consulate in Santiago and ask to postpone the interview. I personally don't think that your January trip would get in the way of your visa at all, in fact it may be perfect timing as you can go through the USCIS & NVC process together in the states and then be back in Chile to finalize your visa.

Edited November 11, 2014 by valverdeveslings

[eliza25 0]

The only important part that you would need to be in Chile for is your medical and interview. Worst case scenario is that your interview is scheduled during your trip... all you would need to do is contact the consulate in Santiago and ask to postpone the interview. I personally don't think that your January trip would get in the way of your visa at all, in fact it may be perfect timing as you can go through the USCIS & NVC process together in the states and then be back in Chile to finalize your visa.

Thanks! Are you from Chile?

[valverdeveslings 10]

Thanks! Are you from Chile?

My fiancée is (but she's actually leaving in a few hours)

I used to live there with her and we did most of the K1 process from Chile so I don't think it's necessary for the petitioner to be in the U.S. and the beneficiary in the foreign country for the entire process... there are ways to work around it if you have friends and family that are willing to help you out while you will be in the U.S. for your trip. For example you'll need someone to check your mail to see if you have anything from the consulate.

You can send us a message if you have any other questions about the K1 process in Chile!

[eliza25 0]

Oh great!

Im so happy for you... you must be so happy!

Well I will love to speak with you guys, send me an email if you want to. If you agree, to talk with her will be so amazing for me, cuz he speaks spanish!

I wish you the best... and to her a good trip... oh gosh how excited you are waiting for her... !!

This is my email

(edited out, please use PMs- for your own privacy and security, we do not allow public emails, addresses, full names or phone numbers- Penguin, Lead Mod)

If she can write me I will be happy

Edited November 11, 2014 by Penguin_ie