K-1 Visa without Change of Status and Permanent Residence?

[Teddy B 17,251]

trying reading again. Seems like that is not your strong suit.

cleared to marry and receive their permanent residency? I don't think so.

No, that's not what you originally said. You said "they are not cleared to marry", but in fact they are. The permanent residency is another issue altogether.

See... the issue is none of the people with VWP or Tourist visa will be that stupid to clearly and explicitly tell the CBP officer that they are coming to US to get marry and AOS.

And the CBP officer is not mind reader either.

Of course, changing of minds to AOS after baggage claim is accepted.

But there are plenty of folks who declare that they are getting married while in the US and are allowed to do so.

[Pitaya 2,576]

How about if the impending bride and groom spring for the US-based family to take a trip and meet the new wife and her family?....It would likely be cheaper in the long run and with less hassles.

Just a thought...

Edited February 26, 2015 by A&B

[rin and john 71]

My post was not about what they can and cannot do under current law. It is simply my belief as to how I would write the law if it were up to me. Requiring people who can freely enter the USA to go back to their home country, file for immigration benefits, and wait six months is ridiculous. It also adds additional petitions to USCIS.

[TBoneTX 43,020]

Springing for the family to visit would be quicker, too!

Edited February 26, 2015 by TBoneTX

[Merrytooth 5,748]

But there are plenty of folks who declare that they are getting married while in the US and are allowed to do so.

Do the folks declare that they are getting married and stay in US to AOS too?

We have seen cases here when CBP officers are not being consistent.

One said he/she is visiting BF/GF. the CBP officer said he/she should get married, AOS here and not leave,

Another case, his/her bagage searched, CBP officer did not believe he/she will leave US after the trip, refused entry put on next flight home.

[Teddy B 17,251]

.

Do the folks declare that they are getting married and stay in US to AOS too?

We have seen cases here when CBP officers are not being consistent.

One said he/she is visiting BF/GF. the CBP officer said he/she should get married, AOS here and not leave,

Another case, his/her bagage searched, CBP officer did not believe he/she will leave US after the trip, refused entry put on next flight home.

No, that's illegal.

Here's one thread I found quickly, there are more just don't have the time to sift through them.

http://www.visajourney.com/forums/topic/345529-getting-married-on-tourist-visa/

Edited February 26, 2015 by Teddy B

[GabsUSA 19]

I think this thread is losing its actual usefulness to the VJ community...

[Marco&Bettina 502]

I think this thread is losing its actual usefulness to the VJ community...

I concur. It's just 2 people bickering without reason.

[GabsUSA 19]

And.... It's gone...

[Ontarkie 13,904]

~~Thread lock the OP has been giving plenty of advice~~

~~multiple post removed for bickering~~

Edited February 26, 2015 by Ontarkie

[TBoneTX 43,020]

(Thread temporarily unlocked to report that 6 bickering posts and one off-topic post have been removed.)

Will relock thread at least temporarily.

[TBoneTX 43,020]

[Moderator hat on]

Thread temporarily reopened, by consent of the other VJ Moderator involved, to allow the following input.

[Moderator hat off]

[Regular-member hat on]

I've heard back from the attorney (who was previously a consul at two diverse consulates). I presented the OP's matter as a hypothetical issue.

In regard to whether the couple in this example might ultimately be granted a K-1 visa, there are more variables and subtleties to consider than have been discussed in this thread. I am not an attorney and am uncomfortable in trying to relay those. The OP should consult one or more attorneys of his own. With the foregoing in mind, following is my honest understanding (as a layman) of this attorney's answers to the specific questions that the OP had:

-- It's one thing if a couple has not formed an intent about whether they would stay in the U.S. (for example, if the beneficiary arrived and then decided that life in the U.S. wasn't suitable for her). However, it's quite another matter if a couple seeks a K-1 with the preconceived intent not to adjust status: USCIS could disapprove the I-129F petition, or the consul would refuse the visa. The OP and beneficiary in this instance have preconceived intent.

-- Later Ramifications: If that couple were to get the K-1, marry in the U.S., return overseas without adjusting status, and seek to return later via an I-130 petition for a CR-1 visa, they would need to convincingly explain their reasons for leaving before and for wanting to return now, and successfully persuade the consul to grant the CR-1 visa.

-- Consuls are "human lie-detectors," with all that this implies in regard to a hypothetical K-1 interview or a later CR-1 interview.

In response to my direct question about whether the hypothetical case was fraud or misrepresentation if the couple had already formed the intent not to adjust status after arriving with use of the K-1 visa, the attorney said that it was both, and the "mirror image" (his words) of someone's using a tourist visa to marry, stay in the U.S., and adjust status.

Again, I am not an attorney, and the OP should confirm the above with one or more attorneys of his own.

Personal note (as a regular member): I'm grateful for the constructive input and research that so many participants have put into this thread.

[Regular-member hat off]

[Moderator hat on]

Out of respect for the other moderator who had decided to close this thread, the thread is again closed. Please avoid restarting it or carrying its topic or drama into other threads. Thanks for your understanding.

Edited February 26, 2015 by TBoneTX