Can we marry without the K1 VISA?

[geowrian 22,335]

As others have noted, entering the US on a non-immigrant visa (or otherwise with equivalent non-immigrant status, such as with an ESTA or via VWP) with the intent to stay in the US is fraud. Not only can you get turned away, but you can incur a significant ban. Do not do this.

 

You have 3 options for US immigration:

1) Marry before leaving the US, then file for AOS. However, you cannot leave the US while AOS is pending unless you apply for and obtain Advance Parole (AP). This takes ~90 days after filing for AOS. Leaving the US without this is an abandonment of your AOS application, and you will need to obtain a CR-1 visa to re-enter the US.

2) Marry (either in the US or anywhere else you can get legally married together), then file for a CR-1/IR-1 visa. This process takes 10-12+ months for processing. No AOS is required after entering the US on these visas.

3) Don't get married and file for a K-1 visa. This takes ~6-8 months (closer to 8 months right now) for processing. Then once in the US using the K-1 visa, you can marry and file AOS.

[DrEllaNJ 288]

3 hours ago, manna.mfrancesca said:

Maybe I should tell the whole story.

We met online, after 10 months of texting I came to the USA to visit him.

We are in love with eachother, I'm not planning to marry him for the green card or something, just for LOVE. But we don't wanna wait that long...

And my 90 ESTA days are coming to an end, and it's too late to marry now.

That's why I want to go back to Italy, come to the USA again and marry him.

You dont say whether he has visited Italy. Perhaps that's something he can do while you're waiting for the K1 visa to be approved.

Sorry, there's no quick way to do things with transatlantic love. Especially with the current administration, I'd make double sure you do everything the right way. So that means marry now and stay until you get your AP card, or get married, leave and file spousal visa, or return to Italy, file K1 and marry when you get back.

[Vengatore 53]

If I can just add my personal experience here...

I was living a similar case but we decided to do things via K1 and I now I am very happy about it. As someone said before, we are supposed to be adults. I totally understand that you can not wait but if you guys really love each other you have enough confidence on your bond to stay away for a few months, right?

Think about it and don't take a passionate decision that you can regret in the future, that would be my humble piece of advice. 

[Ash.1101 1,755]

USCIS doesn't really care about love or anything like that. Immigration is a priveledge not a right, and it's no sweat off their back if you're kept apart. 

Your choices are to either leave, do a K-1 visa, come into the country marry and adjust.
Marry now and AOS, with no plans to leave back to Italy any time soon.
Marry now and go back to Italy and do the CR-1 visa.


If you go back to Italy and then COME BACK to the US and plan to marry and adjust, you will be committing fraud, and honestly the wait for a K-1 or a CR-1 visa won't look so bad if you're caught planning on coming into the US to marry and adjust.

If you told a CBP officer your plans of marrying and staying, you may be surprised at how quickly they become unfriendly to you.

[Dutchster 1,106]

You can't "plan" to do AOS when it is the most convenient for you on your VWP.

[Yanaris 4]

You can get married in California at your local County Recorders Office.  You'll be in and out in about 2 hours.  There is no need to travel to Vegas.

[Delirium 114]

Would recommend going the K1 visa route if you intend on going back to Italy. If the CPB thinks you're committing immigration fraud (and they are entitled to look through everything. Your bags, phone, laptop etc.), then they will send you back to your country and potentially ban you from the U.S. If you're comfortable with staying here until your adjustment of status goes through, then stay here.

[caliliving 606]

They will look at phone bags computer!!!! Especially now they r going thru everything...dont risk it...if u cant marry and stay now then leave and do k1...plus,  this is the first time u met and the 6 months apart may be good and help u get ur things together. 

[Vengatore 53]

9 hours ago, caliliving said:

They will look at phone bags computer!!!! Especially now they r going thru everything...dont risk it...if u cant marry and stay now then leave and do k1...plus,  this is the first time u met and the 6 months apart may be good and help u get ur things together. 

I didn't think about this but it is totally true... If they start now asking for social media passwords at the POE as they are threatening to and you do another ESTA to get married and you get caught, you will be in big trouble. 

 

If you don't mind not being able to leave the US for a while do get marry now, if not, K1 is the only valid option. 

[Ash.1101 1,755]

11 hours ago, caliliving said:

They will look at phone bags computer!!!! Especially now they r going thru everything...dont risk it...if u cant marry and stay now then leave and do k1...plus,  this is the first time u met and the 6 months apart may be good and help u get ur things together. 

They -can- look at phone, bags, and computers. Doesn't mean they will, but a lot of people are thrown off guard when the CBP wants them to unlock their cell phone.

Any mention of preplanned marriage, will get you turned right back around and then marriage in the US won't be an option.

[caliliving 606]

1 hour ago, Ash.1101 said:

They -can- look at phone, bags, and computers. Doesn't mean they will, but a lot of people are thrown off guard when the CBP wants them to unlock their cell phone.

Any mention of preplanned marriage, will get you turned right back around and then marriage in the US won't be an option.

exactly, but you should always be prepared and think about that! i know so many people (and they are canadian) that got denied entry bc they had 'good luck' cards or messges on their phone and things on there computer.

also, if you are planning on packing your entire life with u.... its not worth the risk!

[Ortolan 381]

Take a moment, take a deep breath, and plan it all out to do the right way. You'll be (hopefully) married for a long time, and there's more stuff to do in a few years AFTER you get your green card (Removal of Conditions, perhaps Citizenship). 

 

Do it right.

[JFH 12,189]

We get that you're in love and don't want to be apart. Around 90% of the users of this site are in the same situation or have recently come though the process. There are a few employment and parent/sibling filers on here but the overwhelming majority are couples in love. We get it. To be blunt, your relationship is no different from anyone else's. There are no short-cuts in this game. It's a lifelong commitment and if you can't be apart for a few months to achieve a lifetime of wedded bliss then the relationship is not worth it. You can visit back and forth throughout the process. I did. Many others did and still do. My husband and I lived apart for 4.5 years before I got my visa. We survived. 

 

If you want to be together as quickly as possible then have you looked into the process of him moving to Italy? It's probably faster. The process for a partner or spouse to move to the U.K., for example, is around 12 weeks. We initially did that because we wanted to be together quickly but my husband was denied (another story). After all, if it's all about love and not about a green card, then location is irrelevant. I'd have moved to the North Pole if it meant my husband and I could be together quickly. 

Edited February 15, 2017 by JFH

[Transborderwife 4,666]

6 minutes ago, danielharris627 said:

Hi, this caught my attention.

 

I'm on a J1 visa, am planning on going back home (UK) from the US for a week in June but want to get married in July...do you know if I would I be able to do that on a J1? 

Entering with intent to adjust is indeed fraud.

[Dutchster 1,106]

Can not say it enough that entering the United States on any visa except for K1 or CR/IR1 with the intention to marry and stay/adjust status is fraud. J1 is an exchange visa for work or study, and not to enter with/for other reasons.

Edited February 15, 2017 by Dutchster