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chiletousa

What's stopping us from getting married on a tourist visa?

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My fiancee lives in Chile, and we will be getting married next July. I was under the impression we'd have to file for K1, but then a US customs agent at an airport said it was easier to just have him come on a regular tourist visa (without mentioning our intention of getting married), get married, and then file for an adjustment of status. He claims we'll spend less money. Has anyone does this? What are the pros/cons? Any advice/experience is appreciated!

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Don't make things harder for other actual visit visa potentials from Chile. Because aside from being fraud, it also makes it harder for others to get that type of visa every time someone misuses it. 


**Adjusting from initial Q1/changed to B1 then overstay, termination of removal proceedings**

(STAND ALONE i-130/TERMINATION OF REMOVAL)

First met: Totally random by asking for directions, June 2014 while on vacation at Disney World (L)

Engaged: Aug. 21, 2014

Married: Dec. 1, 2014

ICE phone contact: sometime in early Dec. 2014- Co-operated, retained attorney who advised the same.

Filed stand alone i-130: January 2015 (VSC)

ICE home visit, schedule time to go to DHS office and NTA issued, date TBD, was not detained and released on own recognizance within an hour: January, 2016.

NOA1: Feb. 20, 2015.

Transfer to CSC to balance workloads: August 2015

1)First Master Calendar Hearing: Sept. 9, 2015-Continued based on pending i-130, new court date in 6mo.

Congressional Inquiry: Dec 8. 2015

***i-130 APPROVED WITHOUT INTERVIEW: Dec. 21, 2015** :dancing:

2)Second Master Hearing: March 9, 2016- Removal proceedings terminated w/o prejudice based on approved i-130!! Remanded to USCIS to begin AOS process :dance:

(AOS AFTER TERMINATION)

Filed AOS packet: March 16, 2016.

NOA1: March 21, 2016.

Biometrics: April 20, 2016.

RFE Initial evidence: April 21, 2016 for birth cert/translation and Q1/B1 i94s

RFE response received: May 10, 2016.

EAD approval: May 25, 2016- Card arrived at attorney's office! Could not pick up until May 30 because we were at Disney World again :):D

Notice of missing medical exam: July 2016 (Done on purpose to avoid expiration, we will bring it to the interview as stated in notice)

Inquiry about case status: Sept 2016- Case pending interview at local office.

Inquiry about case status again: Oct. 2016- Due to factors not related to your case, anticipate a delay in processing

HAPPY 2YR ANNIVERSARY TO US!!

Infopass #1 at local office: Dec. 19, 2016- Case pending background/security checks, advised when to renew EAD #2

Waiting on interview at local office...... :clock:

Sent EAD renewal: Feb 10, 2016

EAD#2 NOA1: March 3, 2016

INTERVIEW SCHEDULED!!: interview on March 27, 2017

Text notification, new card being produced: March 29, 2017!!!

*~*~*~*818 DAYS TOTAL*~*~*~

"A smooth sea never made a skilled sailor."

 

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Definitely go the K1 route, or marry and go the CR/IR route. The plan suggested to you by this officer is fraud.


USCIS

Sent I-130.........05/28/16

USPS Delivered.....05/31/16

Check cashed.......06/03/16

NOA1...............06/03/16

NOA1 (hard copy)...06/10/16

NOA2...............08/08/16

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It might be a trap.. I remember one of my friend was grilled at POE and immigration officer 👮 actually giving him an option so he accepts he is here for marriage on his tourist visa..  if he would have accepted that he would have deported on next flight .. Always follow the protocol .. go with k1 or CR1.. best way to come to the United States.. 


Marriage: July 15, 2015

File I-130: August 06,

NOA 1: August 20, 2015 (Nebraska)

NOA 2- May 20, 2016

NOA 2 received: May 25, 2016

Case Sent to NVC:May 20, 2016

...................................................................

NVC:

Case received: 06/06/2016

Case and IIN#: 06/22/2016

Choice of Agent -DS-261:06/22/2016

AOS Fee Invoiced:06/22/2016

AOS Fee Paid: 06/22/2016

IV Fee Invoiced: 06/22/2016

IV Fee Paid:06/22/2016

DS-260 Completed:07/08/2016

Sent AOS & IV Packets:07/14/2016

Scan Date: 07/18/2016

Checklist: 08/19/2016 ( i received checklist for missing passport copy)

Second Scan Date: 08/29/2016

Supervisor's review: 10/12/2016

Case Complete: 10/17/2016

Interview Date: 11/23/2016

Result: Approved

 

Removal of Condition

File ROC : 12/07/2018

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Not everybody is familiar with the VJ ToS, my Bible.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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8 hours ago, abhatia315 said:

It might be a trap.. I remember one of my friend was grilled at POE and immigration officer 👮 actually giving him an option so he accepts he is here for marriage on his tourist visa..  if he would have accepted that he would have deported on next flight .. Always follow the protocol .. go with k1 or CR1.. best way to come to the United States.. 

I was thinking this same thing.

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1 hour ago, LionessDeon said:

I was thinking this same thing.

Very unlikely


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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15 hours ago, chiletousa said:

My fiancee lives in Chile, and we will be getting married next July. I was under the impression we'd have to file for K1, but then a US customs agent at an airport said it was easier to just have him come on a regular tourist visa (without mentioning our intention of getting married), get married, and then file for an adjustment of status. He claims we'll spend less money. Has anyone does this? What are the pros/cons? Any advice/experience is appreciated!

You are free to marry however if your fiance comes with the intent of staying (as you are suggesting above) after the wedding and adjusting status that could be considered visa fraud.  However, there is nothing stopping you from marrying and then your fiance returns to Chile and you apply for a CR-1 spouse visa.  A CR-1 visa has advantages...it is less expensive than a K-1 and your spouse would get a green card almost immediately after arriving in the country whereas a K-1 might take 3 or more months. Good luck and God Bless, david

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15 hours ago, chiletousa said:

My fiancee lives in Chile, and we will be getting married next July. I was under the impression we'd have to file for K1, but then a US customs agent at an airport said it was easier to just have him come on a regular tourist visa (without mentioning our intention of getting married), get married, and then file for an adjustment of status. He claims we'll spend less money. Has anyone does this? What are the pros/cons? Any advice/experience is appreciated!

Crossing the border on a tourist visa with the intent of staying and immigrating is a form of visa fraud.

 

While I'm quite surprised that a US customs agent advised you to do this, I'm more curious how it was brought up in conversation at the border....because I certainly cannot imagine the dialogue going something like this:

 

"What's the purpose of your visit?"

 

"To see my fiance"

 

"Oh---why not just come over next time, lie to us at the border, and then get married and file immigration paperwork from here??"

 

Something tells me there was a bit more to the conversation, then that?


Applied for Naturalization based on 5-year Residency - 96 Days To Complete Citizenship!

July 14, 2017 (Day 00) -  Submitted N400 Application, filed online

July 21, 2017 (Day 07) -  NOA Receipt received in the mail

July 22, 2017 (Day 08) - Biometrics appointment scheduled online, letter mailed out

July 25, 2017 (Day 11) - Biometrics PDF posted online

July 28, 2017 (Day 14) - Biometrics letter received in the mail, appointment for 08/08/17

Aug 08, 2017 (Day 24) - Biometrics (fingerprinting) completed

Aug 14, 2017 (Day 30) - Online EGOV status shows "Interview Scheduled, will mail appointment letter"

Aug 16, 2017 (Day 32) - Online MYUSCIS status shows "Interview Scheduled, read the letter we mailed you..."

Aug 17, 2017 (Day 33) - Interview Appointment Letter PDF posted online---GOT AN INTERVIEW DATE!!!

Aug 21, 2017 (Day 37) - Interview Appointment Letter received in the mail, appointment for 09/27/17

Sep. 27, 2017 (Day 74) - Naturalization Interview--- read my experience here

Sep. 27, 2017 (Day 74) - Online MYUSCIS status shows "Oath Ceremony Notice mailed"

Sep. 28, 2017 (Day 75) - Oath Ceremony Letter PDF posted online--Ceremony for 10/19/17

Oct. 02, 2017 (Day 79) -  Oath Ceremony Letter received in the mail

Oct. 19, 2017 (Day 96) -  Oath Ceremony-- read my experience here

 

Applied for US Passport - requested Routine/ Regular Service

Oct. 27, 2017 (Day 00) - Submitted Passport Application, filed in person at Post Office

Oct. 30, 2017 (Day 03) - Online tracker shows application has been received and is under processing

Nov. 08, 2017 (Day 12) - Online tracker shows "in final stages" and projected completion time of 11/13/2017

Nov. 09, 2017 (Day 13) - Passport received in the mail.

Nov. 10, 2017 (Day 14) - Naturalization Certificate received back in the mail.

 

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I have similar threads in the past, I do not doubt that such a conversation took place.

 

PoE is not subject to the VJ ToS.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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17 minutes ago, Boiler said:

I have similar threads in the past, I do not doubt that such a conversation took place.

 

PoE is not subject to the VJ ToS.

I never said I doubted it---I don't either...like I said, I'm more curious how the topic came up with her as the USC in the airport.

 

I've personally never heard on VJ of that sort of conversation taking place , although I did once have an experience where the US customs agent told me that I didn't need to show my green card when crossing back over the border into the US (naturally, he was horrible misinformed/mistaken).  My point in that, being, that sometimes they don't fully understand all of the implications of certain situations themselves perhaps?


Applied for Naturalization based on 5-year Residency - 96 Days To Complete Citizenship!

July 14, 2017 (Day 00) -  Submitted N400 Application, filed online

July 21, 2017 (Day 07) -  NOA Receipt received in the mail

July 22, 2017 (Day 08) - Biometrics appointment scheduled online, letter mailed out

July 25, 2017 (Day 11) - Biometrics PDF posted online

July 28, 2017 (Day 14) - Biometrics letter received in the mail, appointment for 08/08/17

Aug 08, 2017 (Day 24) - Biometrics (fingerprinting) completed

Aug 14, 2017 (Day 30) - Online EGOV status shows "Interview Scheduled, will mail appointment letter"

Aug 16, 2017 (Day 32) - Online MYUSCIS status shows "Interview Scheduled, read the letter we mailed you..."

Aug 17, 2017 (Day 33) - Interview Appointment Letter PDF posted online---GOT AN INTERVIEW DATE!!!

Aug 21, 2017 (Day 37) - Interview Appointment Letter received in the mail, appointment for 09/27/17

Sep. 27, 2017 (Day 74) - Naturalization Interview--- read my experience here

Sep. 27, 2017 (Day 74) - Online MYUSCIS status shows "Oath Ceremony Notice mailed"

Sep. 28, 2017 (Day 75) - Oath Ceremony Letter PDF posted online--Ceremony for 10/19/17

Oct. 02, 2017 (Day 79) -  Oath Ceremony Letter received in the mail

Oct. 19, 2017 (Day 96) -  Oath Ceremony-- read my experience here

 

Applied for US Passport - requested Routine/ Regular Service

Oct. 27, 2017 (Day 00) - Submitted Passport Application, filed in person at Post Office

Oct. 30, 2017 (Day 03) - Online tracker shows application has been received and is under processing

Nov. 08, 2017 (Day 12) - Online tracker shows "in final stages" and projected completion time of 11/13/2017

Nov. 09, 2017 (Day 13) - Passport received in the mail.

Nov. 10, 2017 (Day 14) - Naturalization Certificate received back in the mail.

 

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The law and potentially CBP. You're not allowed to intend to immigrate on visit visa/VWP. You can marry and adjust if there was a legitimate change in mind or circumstance (which is why it is possible to adjust from such things, life does happen, people get drunk in Vegas or find out they lost their jobs while on vacation or get pregnant or whatever), but the intention is the key here. Some people feel like trying their luck and lying to government officials at the border, and some succeed and some don't. Those who don't get found out at the border and sent back home. But being "sent back home" involves detention at an ICE facility until the next flight and is altogether a miserable experience from what I understand (there was a famous case recently of an Australian woman claiming to come for just a visit but they figured her out quickly). If found lying, that's a bigger pile of trouble and can cause delays or denials in the fiance/spouse visa to follow.

 

It's against TOS here to advise it and even if it weren't, most people here wouldn't advise trying. Applying for a green card costs the same if it's from a fiance visa or tourist visa. The fiance visa is more expensive than ESTA or a tourist visas are but now you're looking at a difference of a few hundred dollars, risking ICE detention and possible (serious) trouble. Not. Worth. It. A spouse visa is cheaper than an adjustment of status from a tourist visa, if you wanted to go that route. Apply for a fiance visa now and she should be here in plenty of time for a July wedding and able to visit during the process.

 

No clue what that CBP officer was saying, they may not have known (I'd say I'd be surprised but I wouldn't. DHS is a mess). I'd report it to the CPB manager at the airport, personally, because he could get people in real trouble that way.


Marriage/ AOS Timeline:

23 Dec 2015: Legal marriage

23 Jan 2016: Wedding!

23 Jan 2016: "Blizzard of the Century", wedding canceled/rescheduled (thank goodness we were legally married first or we'd have had a big problem!) :sleepy:

24 Jan 2016: Small "civil ceremony" with friends and family who were snowed in with us. December was a bit of a secret and people had traveled internationally and knew we *had* to get married that weekend, and our December legal marriage was nothing but signing a piece of paper at our priest's kitchen table, without any sort of vows etc so this was actually a very special (if not legally significant) day. (L)

16 Apr 2016: Filed for AOS and EAD/AP (We delayed a bit-- no big rush, enjoying the USCIS break)

23 Apr 2016: Wedding! Finally! :luv:

27 Apr 2016: Electronic NOA1 for all 3 :dancing:
29 Apr 2016: NOA1 Hardcopy for all 3
29 Jul 2016: Online service request for late EAD (Day 104)
29 Jul 2016: EAD/AP Approved ~3 hours after online service request
04 Aug 2016: RFE for Green Card (requested medicals/ vaccination record. They already have it). :ranting:
05 Aug 2016: EAD/AP Combo Card arrived! (Day 111)
08 Aug 2016: Congressional constituent request to get guidance on the RFE. Hoping they see they have the form and approve!

K-1 Visa Timeline:

PLEASE NOTE. This timeline was during the period of time when TSC was working on I-129fs and had a huge backlog. The average processing time was 210+ days. This is in no way predictive of your own timeline if you filed during or after April 2015, unless CSC develops a backlog. A backlog is anything above the 5-month goal time listed on USCIS's site

14 Feb 2015: Mailed I-129f to Dallas Lockbox. (L) (Most expensive Valentine's card I've ever sent!)

17 Feb 2015: NOA1 "Received Date"
19 Feb 2015: NOA1 Notice Date
08 Aug 2015: NOA2 email! :luv: (173 days from NOA1)

17 Aug 2015: Sent to NVC

?? Aug 2015: Arrived at NVC

25 Aug 2015: NVC Case # Assigned

31 Aug 2015: Left NVC for Consulate in San Jose

09 Sep 2015: Consulate received :dancing: (32 days from NOA2)

11 Sep 2015: Packet 3 emailed from embassy to me, the petitioner (34 days from NOA2).

18 Sep 2015: Medicals complete

21 Sep 2015: Packet 3 complete, my boss puts a temporary moratorium on all time off due to work emergency :clock:

02 Oct 2015: Work emergency clears up, interview scheduled (soonest available was 5 business days away--Columbus Day was in there)

13 Oct 2015: Interview

13 Oct 2015: VISA APPROVED :thumbs: (236 days from NOA1)

19 Oct 2015: Visa-in-hand

24 Oct 2015: POE !

15 Dec 2015: Fiance's mother's B-2 visa interview: APPROVED! So happy she will be at the wedding! :thumbs:

!

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