Fiance is here on a visitor visa should we marry or file for k1 visa

[sofkins 1]

My Fiance is from Jamaica and in the US on a visitor's visa. He just arrived in January 13 and doesn't have to return until July. My question is should we get married and then adjust his status or file for the k1 visa and then get married

[Georgia16 2,858]

Well that is up to you guys to answer. Since he is already there you can get married and adjust but then he won't be able to leave the country before he gets his green card.

[Shauneg 762]

My Fiance is from Jamaica and in the US on a visitor's visa. He just arrived in January 13 and doesn't have to return until July. My question is should we get married and then adjust his status or file for the k1 visa and then get married

Isn't that really up to you two? Why do you care what a bunch of people on the internet think which way you should do it?

[LionessDeon 2,060]

I don't think you should take advice from strangers on when to get married. That is something you and your fiance have to decide together. Are you ready for marriage? He just got here less than a month ago. Is this his first visit? How long have you known him? Those are all things you must think about and decide for yourself.

Edited February 9, 2016 by LionessDeon

[mistyblues 8]

is that what he told the CO and CBP when he got his visa and was admitted to the US, that he planned to get married and stay? Somehow, I doubt that's what he said....but if this happens, that action will just make it even tougher for Jamaicans to get tourist visas in the future to visit 'friends.'

Good Answer, plus it like committing visa fraud

[sofkins 1]

I don't think you should take advice from strangers on when to get married. That is something you and your fiance have to decide together. Are you ready for marriage? He just got here less than a month ago. Is this his first visit? How long have you known him? Those are all things you must think about and decide for yourself.

In may it will be three years I have known him. Yes we are ready for marriage. Hes been to the US before but in Florida. Thanks for your comment

Good Answer, plus it like committing visa fraud

How is that committing fraud

[Shauneg 762]

In may it will be three years I have known him. Yes we are ready for marriage. Hes been to the US before but in Florida. Thanks for your comment

How is that committing fraud

Grey area. Fraud if he came knowing he was going to stay, marry, and adjust. Doesn't sound like it was the intent, but who knows. It's up the the border patrol to determine intent and now that he's here, it's can't be the sole reason for denial of adjustment of status. They determined at the border that he didn't intend on staying. So to answer you.......only you and him know what's best for you both, legally you are fine either way.

[sofkins 1]

Grey area. Fraud if he came knowing he was going to stay, marry, and adjust. Doesn't sound like it was the intent, but who knows. It's up the the border patrol to determine intent and now that he's here, it's can't be the sole reason for denial of adjustment of status. They determined at the border that he didn't intend on staying. So to answer you.......only you and him know what's best for you both, legally you are fine either way.

I don't want to take a chance and it goes wrong and he get in trouble or they deny the adjustment of status because they think he tried to commit fraud

[NikLR 13,227]

Cmon guys this is off topic.

Yes your fiancé can stay, marry, and adjust status. Keep in mind that he cannot appeal any decisions made by the USCIS. Should he be denied, even if the USCIS made a mistake, you need to start over.

[Ontarkie 14,280]

~~Multiple post remove. Stick to answering the question or do not post. Any further off topic post will result in thread bans.~~

[sofkins 1]

Government needs to close down this loophole. Otherwise, people will keep exploring it.

Cmon guys this is off topic.

Yes your fiancé can stay, marry, and adjust status. Keep in mind that he cannot appeal any decisions made by the USCIS. Should he be denied, even if the USCIS made a mistake, you need to start over.

How and why would he be denied

visa fraud is certainly part of this topic.

We are not trying to commit fraud that why I am asking the question to make sure we do the right thing. First of all he came here on legitimate reason to explore some business opportunities not to come and just marry me. We just recently got engaged on Christmas. So we have been going back and forth as to whether we should file fiance visa or just get married and file. So that why I am here asking

[LionessDeon 2,060]

I'm surprised he was able to obtain a visitor visa! Very difficult good for him.

Well you're treading a difficult line. He can stay marry and AOS. That doesn't automatically mean it's visa fraud. However it will appear very suspicious. Especially with just being engaged and then a few weeks upon his arrival talking marriage. The fact that he's basically just arrived and now you're talking about marriage seems a bit fraudulent. If you truly did not talk or plan this prior to him entering USA and there is no evidence of that you may be ok.

If it was close to departure time you two realized you couldn't bare being separated it wouldn't look as questionable. Tough call.

[sofkins 1]

I'm surprised he was able to obtain a visitor visa! Very difficult good for him.

Well you're treading a difficult line. He can stay marry and AOS. That doesn't automatically mean it's visa fraud. However it will appear very suspicious. Especially with just being engaged and then a few weeks upon his arrival talking marriage. The fact that he's basically just arrived and now you're talking about marriage seems a bit fraudulent. If you truly did not talk or plan this prior to him entering USA and there is no evidence of that you may be ok.

If it was close to departure time you two realized you couldn't bare being separated it wouldn't look as questionable. Tough call.

He's been here before on a work visa twice maybe that's why it was easier for him. We are not going to get married tomorrow he hasn't been here a month yet and approved to stay until july. He is currently looking into some business opportunities which was his reason coming in the first place and to also visit me. No we just started thinking about it and discussing it yesterday. So this was after he got here. I see where people will want to say Im trying to take a shortcut but that was not our intention at all. I'm here to ask people who have experience with this and to weigh our options

[caliliving 606]

yes you can stay and adjust. dont need to apply for K1 anymore.. just get married do the AOS. you can wait until july or even later than july as overstay is forgiven when married to a USC.

[LionessDeon 2,060]

Hopefully others that have done it will give some advice. Good Luck.