Would NEVER go K1 route again

[aaron2020 11,651]

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????

In this scenario, they decided to get marry and adjust after the visitor entered the US. There was no intent upon entry to immigrate. Therefore, no problem. No fraud.

You have to look at the intent upon entry.

[msbau764 245]

The OP is making valid points and people here are shouting "fraud" to silence him without listening to what he is trying to say. Thousands of people (unfairly in my opinion) adjust their status from tourist visas. Many of you claim that if they had no intention of marrying before travelling they are allowed to adjust status. It is only fraud if the trip and marriage is premediated, thus you are "rewarding" ignorance of the law for those subject to unplanned occurences. Does that remotely make sense? Just because the "thought" of marriage occurs when you land on US soil it makes it okay? Yet if a few hours before someone leaves their country of origin and has an idea to marry the elapse of time between take off and landing determines the legality of being able to AOS? That person cannot do what thousands already do? If someone's SO gets pregnant while in the US and they decide to stay because of the "unplanned" nature of the event, they are allowed to get married and AOS, but someone who has merely talked about it on a forum or with their partner cannot? What if a couple has talked about the possibility of marriage without committing, they land on US soil, enjoy each other's company and later one of them proposes tying the knot and adjusting status. All of you KNOW that will pass the sniff test by USCIS, yet you are demonizing the OP for suggesting the obvious -- adjusting from a tourist visa is a perfectly legal way to remain in the US provided that you PROVE it was not the intention of your visit. It is a loophole that many exploit every, single day and until the laws are amended the ambiguous nature of burden of proof makes this a valid option for many people. I AM NOT ADVOCATING doing this, just merely stating that none of you here can say with certainty what "intention" to marry means in a legal sense, as if someone couldn't tell an officer they they indeed discussed marriage before flying to the US or even planned to get married; however they decided against it, yet circumstances during the trip caused them to change their mind get married AND adjust status. This would be the truth and perfectly legal. That is my point. Rant over. Go ahead and ban me again.

[Girl from Celebes 588]

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????

Your reply it seems you don't do your homework and research on Visa Journey. It's been widely known when some people are intend to marry in a tourist visa BEFORE they stepped their foots on the U.S. soil is a consider a visa fraud. But the problem is who will going to know people's intend unless they said so openly?

My B-2 visa was refused back in 2010 and the consular officer suggested my then-fiancé ( my now husband) filed an I-129F for me. Do the analyze and avoid to give a rhetoric answers, please....

[AmyWrites 593]

The process is horrible, but hardly the most trying event a long-lasting couple will go through. It will end.

[baron555 934]

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?

The 129f filing is only, what $340, plus the medical and visa fee......ALL other costs would be borne if you did as you propose.....You knew the costs before filing the K-1.......these costs pale versus the future costs you will have now that she is here.

[whysodifficult? 31]

Your reply it seems you don't do your homework and research on Visa Journey. It's been widely known when some people are intend to marry in a tourist visa BEFORE they stepped their foots on the U.S. soil is a consider a visa fraud. But the problem is who will going to know people's intend unless they said so openly?

My B-2 visa was refused back in 2010 and the consular officer suggested my then-fiancé ( my now husband) filed an I-129F for me. Do the analyze and avoid to give a rhetoric answers, please....

Huh???

[whysodifficult? 31]

The 129f filing is only, what $340, plus the medical and visa fee......ALL other costs would be borne if you did as you propose.....You knew the costs before filing the K-1.......these costs pale versus the future costs you will have now that she is here.

Yep. Trips to Moscow for an interview, staying there for the medical exam, jumping through hoops, paying fees. It is as if the US Government was trying to encourage its citizens to "buy American".

[N-o-l-a 7,167]

Well, the real reason that most of us do it the proper way is that we have real lives that need certainty in order to change. Most of us can't just up and go to another country on a tourist visa, pack up our lives at home, quit jobs and sell real estate, and just hope everything will work out for the best.

I'm happy with our decision to do a CR1 visa. It gave us time to pack up our lives in Denmark and move to America.

I can tell you that the uncertainty that we encountered with me living in Denmark under my EU rights was unsettling and not something most grown adults want to deal with. A tourist visa affords infinitely less surety and protection than that.

Edited January 19, 2015 by N-o-l-a

[j&ana 363]

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?

That would be visa fraud, entering on a tourist visa with the intent to marry and adjust status

Unless the person went back to their country and waited for the IR/CR-1 spousal visa to be approved

[whysodifficult? 31]

Fraud, fraud, fraud, blah, blah, blah. We did it legally but I still say I would need very good reasons to do i the same way a second time.

How exactly could it be proven that there was the intent to marry after entering on a tourist visa?

[j&ana 363]

yes I guess you could come over and get married on a tourist visa and do aos ,but if for some reason immigration found out that was your purpose to get a tourist visa then that is fraud. I am not sure what the punishment is, but I will not want the risk for my wife. also having to wonder if immigration will ever find out it is just not worth it to me. I am sure some people have done that, but I do not know for certain.

Edited January 19, 2015 by j&ana

[san diego 407]

Easier said than done in case of Russian Embassy. Here is scenario for you and your fiance. Practical scenario.

Scenario 1: Embassy interview for Tourist Visa:

IO: Whom are you visiting in US?

Answer: My fiance. - Visa Denied

Answer: My friend. Male. Single woman. From Russia.. Visiting male Friend. - Visa Denied!

Answer: No one. Just travel. - Fraud which later on maybe discovered leading to lifetime ban.

The whole point is not even your intent. The main thing is that if answered thruthfully, she would never ever receive visa.

Is this worth it???

[Jmalaysia 8]

Yep. Trips to Moscow for an interview, staying there for the medical exam, jumping through hoops, paying fees. It is as if the US Government was trying to encourage its citizens to "buy American".

You were required to attend interview and medical?

[whysodifficult? 31]

Easier said than done in case of Russian Embassy. Here is scenario for you and your fiance. Practical scenario.

Scenario 1: Embassy interview for Tourist Visa:

IO: Whom are you visiting in US?

Answer: My fiance. - Visa Denied

Answer: My friend. Male. Single woman. From Russia.. Visiting male Friend. - Visa Denied!

Answer: No one. Just travel. - Fraud which later on maybe discovered leading to lifetime ban.

The whole point is not even your intent. The main thing is that if answered thruthfully, she would never ever receive visa.

Is this worth it???

Each person makes their own decision. We could have lied and save a lot of time, money and frustration. The rule followers always have it tougher than the rule breakers.

[j&ana 363]

Each person makes their own decision. We could have lied and save a lot of time, money and frustration. The rule followers always have it tougher than the rule breakers.

not really. You could of compare the IR/Cr-1 visa with the K-1 visa. and seen that the Cr-1 visa is a better visa if you are worry about the costs involved, the frustrations of dealing with the adjustment of status later

I am not saying the K-1 visa is a bad choice. There a lot of members on here that have done the K-1 visa and are happy with their decisions .However in your case it seem like the CR-1 visa would of been the better option.