Can we marry without the K1 VISA?

[DrEllaNJ 288]

6 minutes ago, Transborderwife said:

Entering with intent to adjust is indeed fraud.

@danielharris627 I told you that in a different thread

[Transborderwife 4,666]

Just now, danielharris627 said:

The thing is, I'm going to get married regardless of whether I go back home for a week or not, so 

My question there was if I was already married & left - here it is if I were leaving before being married & then coming back in. I didn't realise it'd still be the same answer.

Yes.  Same answer 

[geowrian 22,335]

23 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? 

Yes, you can re-enter and marry. No, you cannot enter with the intent to marry & file AOS. Since those 2 things are obviously related, it's possible CBP will turn you away at POE. I would suggest marrying in the US, filing for AOS, then getting AP top travel home for a month. Or marry then do a CR-1. Or just do a K-1 visa.

 

Also, be sure your J-1 does not have a 2 year home residency requirement. If so, you cannot file for AOS or get a visa without first getting a waiver.

Edited February 15, 2017 by geowrian

[DrEllaNJ 288]

2 minutes ago, geowrian said:

Also, be sure your J-1 does not have a 2 year home residency requirement. If so, you cannot file for AOS or to gt a visa without first getting a waiver.

@danielharris627 On a different note, see what I mean about people automatically equating J1 with HR requirement, even though you've said multiple times you're not subject to it - USCIS is no different. Be prepared to bring all your passports and have all your J1 visas examined, if you had more than 1...

[f f 725]

entering and with the intention of marring and then leaving the us is perfectly legal. it is entering with a non immigrant visa with the intention of adjusting you status that is illegal.

j1, f1, b1/2, vwp are some of the non immigrant visas they offer so it is illegal to enter with one of those with the purpose of adjusting your status.

[geowrian 22,335]

3 minutes ago, DrEllaNJ said:

@danielharris627 On a different note, see what I mean about people automatically equating J1 with HR requirement, even though you've said multiple times you're not subject to it - USCIS is no different. Be prepared to bring all your passports and have all your J1 visas examined, if you had more than 1...

Huh? This user never stated that (at least in this thread). This is a different user than the OP. Did i miss something?

[DrEllaNJ 288]

3 minutes ago, geowrian said:

Huh? This user never stated that (at least in this thread). This is a different user than the OP. Did i miss something?

sorry, he had to state it a few times in a different thread. I didn't remember which one it was

[manna.mfrancesca 0]

People, people, people: I still don't get this!

Everyone of you said that it is  illegal to enter the US with the intent of marry, but you also said that it is legal if I marry my boyfriend now, before my 90 days expire.

I mean, there's no differnce between these things!!!!!

Now, I'm still with a different VISA other than the Fiancè one!

So what it would make my second entry in the US illegal?

Of course I won't  have proof of what my intentions are, I won't tell the CBP that I'm gonna marry!

 

[Transborderwife 4,666]

1 minute ago, manna.mfrancesca said:

People, people, people: I still don't get this!

Everyone of you said that it is  illegal to enter the US with the intent of marry, but you also said that it is legal if I marry my boyfriend now, before my 90 days expire.

I mean, there's no differnce between these things!!!!!

Now, I'm still with a different VISA other than the Fiancè one!

So what it would make my second entry in the US illegal?

Of course I won't  have proof of what my intentions are, I won't tell the CBP that I'm gonna marry!

 

There absolutely is a difference.  Entering with intent vs not.  Post reported for advocacy of fraud.

[manna.mfrancesca 0]

1 minute ago, Transborderwife said:

There absolutely is a difference.  Entering with intent vs not.  Post reported for advocacy of fraud.

If I'm not gonna tell them about my intent, they're not gonna know

[Transborderwife 4,666]

Just now, manna.mfrancesca said:

If I'm not gonna tell them about my intent, they're not gonna know

Still fraud regardless on how you spin it.

[Boiler 43,476]

9 minutes ago, manna.mfrancesca said:

If I'm not gonna tell them about my intent, they're not gonna know

You are going to lie?

[geowrian 22,335]

19 minutes ago, manna.mfrancesca said:

If I'm not gonna tell them about my intent, they're not gonna know

And if they ask you why you're coming to the US? You're going to lie to them? Fraud. Do not do this....you're setting yourself up to be denied at POE with a misrepresentation ban.

[caliliving 606]

i HOPE they go thru your cell phone/computer and see your plans to come and marry:) 

 

[DrEllaNJ 288]

1 hour ago, manna.mfrancesca said:

People, people, people: I still don't get this!

Everyone of you said that it is  illegal to enter the US with the intent of marry, but you also said that it is legal if I marry my boyfriend now, before my 90 days expire.

I mean, there's no differnce between these things!!!!!

Now, I'm still with a different VISA other than the Fiancè one!

So what it would make my second entry in the US illegal?

Of course I won't  have proof of what my intentions are, I won't tell the CBP that I'm gonna marry!

 

OK since you still don't understand:

 

A visa is issued to you for the purpose of entering the country. If you're entering as a tourist/student/other kind of visitor, that is a non-immigrant visa. In your case, you can use ESTA, which is a visa waiver, also for non-immigrant intent.

When you came in a few weeks ago, you came with non-immigrant intent - to visit your boyfriend. Perfectly legal.

 

Now if you leave and want to enter to the country with the intention to marry and stay, you can no longer use the non-immigrant visa/ESTA, because your intent is to marry your boyfriend. 

 

However, since you're already here, and entered in good faith with non-immigrant intent, and you change your mind and get married, you can adjust your status. This way, you will be able to legally stay beyond the 90 days allotted to you as a visitor.

 

Now, if you think you can fly by CBP without telling them you're going to marry, consider these questions they will ask you:

* what's the purpose of your visit?

* who are you here to see?

* how long are you going to stay?

* why are you coming back so soon after leaving? 

... can you answer them honestly without saying you are here to visit/marry your boyfriend and stay indefinitely?

 

Don't risk it. They can go through your luggage, your phone, your documents. If they catch you lying, you will incur a ban for misrepresentation. And if they don't catch you at CBP, well, they can do so at any step of the process.