Wait, what!?

[hopefulwanderer 0]

So, my fiancee just came here to visit. At her point of entry, we had no intent on getting married. However, when she got here, after a few weeks, we decided we would like to get married and live together in the US. However, we thought doing that and adjusting status would be immigration fraud...then after reading on the forums (AFTER she left) we found out about Matter of Batista and Matter of Cavazos.

So you're telling me that now, after how easy it would have been for her to stay here, that we have to file for a K1 or spousal visa for her to get here and stay legally?! If she just came back to stay now, at POE she would have intent to stay, making it illegal, but just a while ago, we did not have this intent.

This is ludicrous and it seems that so many people could abuse this...what should I do? Now I have to be apart from my fiancee for around a year or so. This is so disheartening.

[Transborderwife 4,666]

It is what it is, file for the k1

[TAB2TAB 52]

We had a somewhat similar situation, where he went back home and we had considered the prospect of getting married while he was still in the states. We didn't know it was possible to do AOS in that way. When we really considered the "what ifs", we realized there actually were some benefits to us going through the "standard" K1 process:

1) I was able to better prepare for him to be here permanently (financially, homelife, friends family, wedding celebration, etc)

2) He was able to have a proper 'goodbye' with all his friends, gracefully end his work commitments, and take the time to go through his possessions and decide what things he wanted to bring with him to the states.

3) we didn't have to worry whether an unexpected marriage while in the states would be a cause for heightened fraud scrutiny in our AOS application.

These may or may not apply perfectly in your situation. The main point I'm trying to make is that we all have a CHOICE as to whether to be "disheartened" about having to do things the "long" way (the same way the vast majority of applicants do) or to make the most of our situation. We still used skype every day and spent as much time online as we could, but we also found we had many things to keep us occupied in wrapping up one chapter of our lives, and preparing to begin an exciting new one. Yes, life is definitely better now that we are permanently together, but take time to enjoy this transition as a journey, not just as a destination - it will definitely make a difference in the quality of your life until you are reunited. Best wishes to you.

[JohnR! 5,495]

These are not the same thing. If you haven't married yet, you file for a K-1, which is a fiance/e visa. The CR1 - spousal visa - would apply had you had married.

You're doing it the right way, don't measure yourself against those who abuse the system.

Good luck!

So, my fiancee just came here to visit. At her point of entry, we had no intent on getting married. However, when she got here, after a few weeks, we decided we would like to get married and live together in the US. However, we thought doing that and adjusting status would be immigration fraud...then after reading on the forums (AFTER she left) we found out about Matter of Batista and Matter of Cavazos.

So you're telling me that now, after how easy it would have been for her to stay here, that we have to file for a K1 or spousal visa for her to get here and stay legally?! If she just came back to stay now, at POE she would have intent to stay, making it illegal, but just a while ago, we did not have this intent.

This is ludicrous and it seems that so many people could abuse this...what should I do? Now I have to be apart from my fiancee for around a year or so. This is so disheartening.