Would NEVER go K1 route again

[whysodifficult? 31]

Having just spent an absolute fortune on the K1 process, I am seriously doubting my sanity. Other than having the satisfaction of knowing I followed the rules, I can't figure out why anyone would subject themselves to this. Why not just go the route of entering on a tourist visa and then getting married here in the States?

[cdneh 3,112]

Because coming here on a tourist visa with the intent to remain and adjust is fraud?

[apple21 953]

Because that's visa fraud.

Sorry you're pissed about the process. ?

Edited January 19, 2015 by apple21

[JohnR! 5,495]

What you propose is considered immigration fraud. Besides, it is far more difficult to get a tourist visa in Russia than a K-1.

Having just spent an absolute fortune on the K1 process, I am seriously doubting my sanity. Other than having the satisfaction of knowing I followed the rules, I can't figure out why anyone would subject themselves to this. Why not just go the route of entering on a tourist visa and then getting married here in the States?

[Girl from Celebes 588]

Having just spent an absolute fortune on the K1 process, I am seriously doubting my sanity. Other than having the satisfaction of knowing I followed the rules, I can't figure out why anyone would subject themselves to this. Why not just go the route of entering on a tourist visa and then getting married here in the States?

Rather than ask people to do that, why you are not just try by yourself?

[whysodifficult? 31]

And exactly how would it be proven? Enter on tourist visa and be a tourist. Nothing illegal about it. Just as with K1, you have time to decide to remain a tourist or whether to get married. If you came in with an absolute 100% certainty you were getting married, then yes, it is closer to fraud.

[JohnR! 5,495]

The K-1 visa is not a tourist visa and requires that you marry within 90 days of entering the US. If you came in with an absolute 100% certainty you were getting married, then yes, it is fraud. [fixed that for you]

And exactly how would it be proven? Enter on tourist visa and be a tourist. Nothing illegal about it. Just as with K1, you have time to decide to remain a tourist or whether to get married. If you came in with an absolute 100% certainty you were getting married, then yes, it is closer to fraud.

[whysodifficult? 31]

Rather than ask people to do that, why you are not just try by yourself?

It is called a rhetorical question.

[aaron2020 11,651]

Because it's visa fraud.

[aaron2020 11,651]

And exactly how would it be proven? Enter on tourist visa and be a tourist. Nothing illegal about it. Just as with K1, you have time to decide to remain a tourist or whether to get married. If you came in with an absolute 100% certainty you were getting married, then yes, it is closer to fraud.

If it's not fraud, then would you suggest telling the CBP that the visitor visa holder intends to marry a USC and stay? What do you think would happen there? Nothing illegal right?

CBP has no problem with people with visitor visas telling them that they intend to violate the terms of those visitor visas right? If no fraud, then what's the problem.

Edited January 19, 2015 by aaron2020

[ISBJORN10 5]

you have the right to marry while you're on a tourist visa but your chances to do adjustment of status is almost dead because you'll be under fraud department investigations

[aaron2020 11,651]

you have the right to marry while you're on a tourist visa but your chances to do adjustment of status is almost dead because you'll be under fraud department investigations

B.S.

Preconceived intent to immigrate alone is not a valid reason for USCIS to deny the AOS of a spouse of a USC. There is case law on this.

Edited January 19, 2015 by aaron2020

[Nich-Nick 3,353]

Does anybody have a link to anybody on VJ who adjusted from tourist or VWP that even got asked about their "intent"? I only have read successful ones who were never asked anything about it, but I don't typically read that forum regularly is why I am asking. I mean recent ones after that one District decided to not allow it and refused some people and after USCIS came out with an opinion on VWP http://www.uscis.gov/sites/default/files/files/nativedocuments/2013-1114_AOS_VWP_Entrants_PM_Effective.pdf

K1 worked for us because we needed some time to ease the idea in to our friends and families and make plans for the transition. My husband wasn't like some of these youngsters who could pick up and leave on the next plane with only a duffle bag in tow. We applied months before telling people and it didn't take but four and a half months to get the visa, so not a bad experience really.

NOTE: Yes, I do understand the fraud and intent bit. I am just curious if anyone recently has been busted for intent and has posted a first hand experience on VJ.

[whysodifficult? 31]

So, you are in a long term long distance relationship. You have been to visit her in the past and she comes to visit you. While she is here visiting, you both say #######, lets go ahead and get married. Where is the fraud????

[aaron2020 11,651]

I've been thread ban by the moderators for disclosing this because they consider this as aiding fraud. I see it as giving people knowledge about conflicting laws.

US laws are full of contradictions and exceptions because it's made up by many different people over many years.

It's illegal to enter the US on a visitor visa with the intent to immigrate. Tell CBP your intention and you will be denied entry. Don't offer to disclose and if not asked, then most likely the person will be allowed into the US.

Case law also state that the preconceived intent to immigrate alone is not a valid reason to deny the AOS of a spouse of a US citizen. This is why preconceived intent to immigrate is NEVER EVER an issue when the spouse of a USC who enters on the VWP or a non-immigrant visa seeks to adjust status.