No time for K1 - what shall we do?

[Boiler 43,442]

CR1 takes a year or so and you would interview at your Consulate, not in the US.

I sort of assumed you had access to the VWP and not anything else.

[Stefan110882 1]

No. You must return home and wait for the CR-1 to be approved. You can visit during the process using the VWP but you cannot live in the USA until your visa is approved and issued.

To enter on the VWP with the intention of staying (by way of marriage or any other circumstances) is visa fraud. Don't even consider it. Not worth it.

Thank you for the advice

[aaron2020 11,651]

Could I enter, get married, and apply for it while staying within the borders?

Tell the border guard that you intend to violate the terms of the VWP and you will be put on a plane home. Preconceived intent to immigrate while entering on the VWP is illegal.

[MoroccanEscape 31]

A word of advice. A couple that are both friends of mine went through a very heart wrenching scenario. He was from Switzerland, had been in and out of the US many times, no problems. After they were engaged, he came to visit and when he was asked the purpose of his visit he said, "I'm here to visit my fiancee'". He was put back on the next plane to Switzerland and could not come back into the US until they had filed for and been approved for a fiancee' visa. Just be careful what you say when coming in to the US POE.

[A'n'L 735]

A word of advice. A couple that are both friends of mine went through a very heart wrenching scenario. He was from Switzerland, had been in and out of the US many times, no problems. After they were engaged, he came to visit and when he was asked the purpose of his visit he said, "I'm here to visit my fiancee'". He was put back on the next plane to Switzerland and could not come back into the US until they had filed for and been approved for a fiancee' visa. Just be careful what you say when coming in to the US POE.

Wow, way to be negative. There's definitely more to your friends story than you convey.

I (and many others) have visited our US fiance's using VWP without issues. Being honest and not staying too long are key. It's suggested to bring proof of ties to home, but I've never been asked for it.

[Georgia16 2,858]

You have 6 months before september don't Think the k-1 is totally out if your just Apply ASAP.

Sounds like you just want to jump everything over and just be together but that's just not how immigration works.

[A'n'L 735]

You have 6 months before september don't Think the k-1 is totally out if your just Apply ASAP.

Sounds like you just want to jump everything over and just be together but that's just not how immigration works.

Agree, if you are lucky you could have your visa by Sept 2nd. However, don't count on it. Meaning, don't book and make non refundable payments towards your wedding date.

[MoroccanEscape 31]

Wow, way to be negative. There's definitely more to your friends story than you convey.

I (and many others) have visited our US fiance's using VWP without issues. Being honest and not staying too long are key. It's suggested to bring proof of ties to home, but I've never been asked for it.

There is no more to the story. It was as simple as that. I am not trying to be negative. While you (and many others) may have visited with no issues, doesn't mean there are those who have had issues even though they were honest. He had ties to home and had brought them also but was still returned to Switzerland. End of story, nothing else to convey. Immigration thought, as others have stated in this thread, that he was trying to avoid the whole fiancee' visa process.

[A'n'L 735]

There is no more to the story. It was as simple as that. I am not trying to be negative. While you (and many others) may have visited with no issues, doesn't mean there are those who have had issues even though they were honest. He had ties to home and had brought them also but was still returned to Switzerland. End of story, nothing else to convey. Immigration thought, as others have stated in this thread, that he was trying to avoid the whole fiancee' visa process.

Uhm, so no questions like:

-How long he was planning on staying?

-Did he have a return ticket?

-What's his history of visiting (frequency and length of stay)?

-Luggage (amount and type of items) brought along?

-Quality/quantity of ties to home?

-Sufficient funds to support his stay?

-Did he pay for his own ticket?

-Able to answer questions about his fiancée in a trustworthy manner?

-Polite or rude behavior towards the officers?

To some degree all of this comes in to play when a decision of entry or denial is made. Certainly he was not convincing the officer of his plans to return. Nobody is denied JUST because they plan to visit their fiancé.

[Boiler 43,442]

I have yet to come across a refusal where there has not be something else, sometimes if feels like pulling teeth to get it.

I also said visiting Fiancee when entering.

[Ontarkie 13,917]

~~Hijacked post removed, do not post your question more then once or in other members threads.~~

~~One post removed and returned below edited to remove hijacked post to prevent further comment to it.~~

Hi Stefan

You should take some time to read the guides for both the K1 & CR1 options. If you go to the states on an ESTA get married and stay, you technically would of committed visa fraud and at worst be deported and barred from entering for some time.

Some people, have done this true, either with an ESTA or a visitor's visa, but it is done with guidance of a really GOOD immigration lawyer which is highly expensive and in my opinion not necessary since the US has LEGAL cheaper pathways for you to be with your sweetheart.

I don't know why September 2nd is so important to you guys but if you were to file this month I'm pretty sure you can get the K1 before the end of the year. The CR1 as a rule takes longer. But you'd be allowed to travel back and forth etc.

So think about it carefully before the two of you do something rash. Read the forums/guides here as well as the USCIS and really familiarize yourself with the options that you have.

All the best to you both

Edited April 12, 2016 by Ontarkie

[Ortolan 381]

Stefan, here's 3 options:

1. Come to the U.S. and get married on Sept. 2, then leave and go back to Germany and file CR-1 spousal visa. Be prepared to wait about a year.

2. Have your fiancee come to Germany and get married on Sept. 2; she can go back to the U.S. and file CR-1 spousal visa. Be prepared to wait about a year.

3. Postpone your wedding. File for K-1 visa, wait for approval, then come to the U.S. and get married within 90 days. File for adjustment after you marry.

Read the guides...

[Cyberfx1024 7,978]

Thank you very much so far.

There is another question arising then.

Why can't I enter the states, get married, file immediately an I-130 / I-485 and stay?

THX

What you are suggesting is FRAUD.

[Cathi 5,610]

Perhaps I confused the numbers. It seems to be so complicated.

Is it the AOS instead? The real question is, why can't I stay after the wedding and apply in the states?

THX

because traveling to the US on the VWP with the INTENT to marry, stay and adjust status is visa fraud. That's why.

Edited April 12, 2016 by mimolicious

[themartinez 1]

We filled for my K1 by the very end of April (04/29/15) and with a RFE in the middle of all that, we still managed to get it approved by October 6th.

The way I see it, you either get married in Germany or get a fiancee Visa. Any other way to do it would be fraud and that is precisely what the United States doesn't want. You'd be pretty much stating that you are coming to visit your fiancee, when your actual intent is to get married.

And the point is, if you want to live here and have no trouble, best thing is to do everything by the book. Why would you want to risk getting everything done legally? What if they refuse your AOS/CR-1 based on that?

On the other hand (and I would really like to read mimolicious insight on this, since he/she always posts very useful stuff), as I was talking to a friend who works in an immigration office, she said that getting the K1 is a waste of money and time, and that many people come here on a tourist visa and wait until it's very end to get married. Apparently it works just fine for AOS.

If you ask me, it is a greater waste of time to be here doing nothing for 6 months, to get married and have to wait another 90 or so days to be able to work, but that is just my opinion.