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ClydeRed

K1 or Keeping Visitor's Visa?

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I'm sorry if this is in the wrong section, but I need some assistance for my situation.

 

I'm a US Citizen, 26, and I've been in a long distance relationship for a few years with a girl from Chile. At the end of last year she got a visitor's visa that doesn't expire for two years, so she came to visit in February and stayed with me and my family for a month.

 

This month we've been talking about having her visit again for an extended amount of time starting in September, but we don't have a set return date or a marriage proposal. I have come up with the idea of how I might want to propose to her, however I'm afraid of this somehow causing problems with her having a tourist visa. I want us to live together for awhile with just each other so we both know our "real" lifestyles are compatible before I propose, and although I'm sure she suspects I have a proposal plan set up she isn't coming here with the intent on getting married, only to visit and stay with me as a vacation. But if this is very risky or is considered fraudulent I could get a K1 process started now and propose to her long-distance if needed.

 

From what I understand, my options are;

1.) She visits on her visiting visa, we stay together, and if things are good I can propose and we can go from there with a change of status

or

2.) I can propose long distance and we can get her K1 Visa process started and have to wait

or

3.) She visits and I propose to her then she goes back to her home country and we get started on a K1 Visa (IF that's easier/cheaper/faster)

I just want to make sure I understand all these rules correctly, and if there's anything I should know. I definitely don't want to risk messing up anything or causing problems.

 

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Posted (edited)

Option 1 would be considered fraud -she can't enter, get married and adjust status within the US-.

Option 2 goes against your plan of knowing each other better and finding out if you're compatible.

Option 3 is the more logical option and basically the path most of K1 filers follow. It is easy but not cheap, nor fast. 

A fourth option would be her visiting you, staying with you as long as she's allowed at entry, you proposing, both getting married, her returning to her home country and you filing for the spousal visa.

 

Mind you, she could be denied entry, as is the case with every visitor, especially if she plans on staying for a very long period.

Edited by Allaboutwaiting

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The other option you did not mention is that you can propose, get married and she can go back to Chile and you can file for a spousal visa.  Or additionally, you can propose, get married anywhere else in the future and file for the spousal visa.  I would look closer at the spousal visa as opposed to the fiancé visa as in the end it is cheaper and superior overall.

 

Foreigners can come to the US get married and leave, it is only fraud if the plan/intent is to come to the US get married and stay.

 

As to proposing on her next visit, that should not be an issue, but without a defined date of return she could face issues at the POE actually entering the US on her visitor visa.  Additionally, after proposal, if you chose the K1 route and she returns to Chile, she can visit with a valid B2 visitor visa, but she should bring information showing her ties to return.

 

Good Luck!


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10 hours ago, Allaboutwaiting said:

Option 1 would be considered fraud -she can't enter, get married and adjust status within the US-.

Option 2 goes against your plan of knowing each other better and finding out if you're compatible.

Option 3 is the more logical option and basically the path most of K1 filers follow. It is easy but not cheap, nor fast. 

A fourth option would be her visiting you, staying with you as long as she's allowed at entry, you proposing, both getting married, her returning to her home country and you filing for the spousal visa.

 

Mind you, she could be denied entry, as is the case with every visitor, especially if she plans on staying for a very long period.

Why would Option 1 be fraud? And yeah that is the downside of Option 2.

 

I haven't heard of a Spousal Visa so I'll have to look into that more to see if that's a good route.

 

10 hours ago, Bill & Katya said:

The other option you did not mention is that you can propose, get married and she can go back to Chile and you can file for a spousal visa.  Or additionally, you can propose, get married anywhere else in the future and file for the spousal visa.  I would look closer at the spousal visa as opposed to the fiancé visa as in the end it is cheaper and superior overall.

 

Foreigners can come to the US get married and leave, it is only fraud if the plan/intent is to come to the US get married and stay.

 

As to proposing on her next visit, that should not be an issue, but without a defined date of return she could face issues at the POE actually entering the US on her visitor visa.  Additionally, after proposal, if you chose the K1 route and she returns to Chile, she can visit with a valid B2 visitor visa, but she should bring information showing her ties to return.

 

Good Luck!

Yeah reading more into it, it sounds like having a one-way ticket and then deciding later when she should go back would not be smart. I'm thinking we'll try to get a round trip ticket set up for a shorter timeframe, such as one month again, and enjoy it like a vacation again. 

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Posted (edited)
49 minutes ago, ClydeRed said:

Why would Option 1 be fraud? 

Entering the country with a tourist visa -which is granted ONLY to visit- with the intention of staying, is immigration fraud.

Edited by Allaboutwaiting

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1 hour ago, ClydeRed said:

Why would Option 1 be fraud? And yeah that is the downside of Option 2.

 

I haven't heard of a Spousal Visa so I'll have to look into that more to see if that's a good route.

 

Yeah reading more into it, it sounds like having a one-way ticket and then deciding later when she should go back would not be smart. I'm thinking we'll try to get a round trip ticket set up for a shorter timeframe, such as one month again, and enjoy it like a vacation again. 

Only having a one way only ticket may even get her stopped at the border and turned around 


YMMV

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1 hour ago, Allaboutwaiting said:

Entering the country with a tourist visa -which is granted ONLY to visit- with the intention of staying, is immigration fraud.

She doesn't have intention of staying permanently, only staying for an extended time of 1-2 months, 3 if she's allowed. Re-reading my post I didn't word this very well, but she's not coming here with an intent on staying permanently or getting married

 

39 minutes ago, payxibka said:

Only having a one way only ticket may even get her stopped at the border and turned around 

After doing some more looking into this I agree that we aren't going to try to get a one-way, it looks bad and is more expensive in the long run even though I'm getting a good deal on it

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#1 is 100% fraud because you have immigrant intent. If you pose as a tourist with the secret intention of staying in the US for an indefinite time, you will have committed visa fraud. PERIOD!

 

A more legal way(with a really good lawyer) is if she comes to visit without knowing of a marriage proposal, decides to stay AFTER the proposal, then she had never considered residency until after you proposed, there is no preformed intent. The trick to changing status from a tourist visa or visa waiver is to prove that there was no intention to get married, but it was a spontaneous decision. Convincing the immigration officials that the marriage was not intentional and persuading them to allow a change of status is difficult, but not impossible.

 

so if you are gonna spend money on a lawyer and go through all these extra steps and stress...why not just file for K1 visa from the start, give and take(worst case 10 months for her to be here legally) no need for a lawyer, with the help of this website, majority did this without a lawyer. good luck!!


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13 minutes ago, Lebanese23 said:

#1 is 100% fraud because you have immigrant intent. If you pose as a tourist with the secret intention of staying in the US for an indefinite time, you will have committed visa fraud. PERIOD!

 

A more legal way(with a really good lawyer) is if she comes to visit without knowing of a marriage proposal, decides to stay AFTER the proposal, then she had never considered residency until after you proposed, there is no preformed intent. The trick to changing status from a tourist visa or visa waiver is to prove that there was no intention to get married, but it was a spontaneous decision. Convincing the immigration officials that the marriage was not intentional and persuading them to allow a change of status is difficult, but not impossible.

 

so if you are gonna spend money on a lawyer and go through all these extra steps and stress...why not just file for K1 visa from the start, give and take(worst case 10 months for her to be here legally) no need for a lawyer, with the help of this website, majority did this without a lawyer. good luck!!

 

I haven't discussed these options or anything with her yet, the only thing we talked about was a few months ago after she returned home the different ways she could move to this country. Work visa, student visa, marriage visa, etc. She's not coming here for any intention of marriage, but for me personally I've done research and that's why I'm asking here to make sure I understand it all. I also want to spend more real life time together anyway before making that decision which is why the K1 route starting now isn't preferred. She's also finishing up some schooling, so she's not coming here with the intent to stay here permanently.

 

But it's true I would like to avoid having to pay for a lawyer. I have enough money to pay for us to live together and support her and myself, but after some big financial strains recently and her being unable to work in her own home country has really taken a lot away from having extra money saved up. I am expecting to be spending at least $1,500 for any fees related to a K1 or Status change or any other visa route, but I feel like a lawyer getting involved would double that at least. Thank you for your reply for this

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6 minutes ago, ClydeRed said:

I am expecting to be spending at least $1,500 for any fees related to a K1 or Status change or any other visa route, but I feel like a lawyer getting involved would double that at least. Thank you for your reply for this

That's why spousal visa is your best bet. A K1 would be the expenses of the petition, examination, visa, vaccinations plus adjustment of status when she arrives. Once here, she wouldn't be able to work or travel until she gets a permit; that can take 4 to 8 months.

It will be WAY more than the $1500 you have calculated. 

 

With a spousal visa you would avoid the expense and wait from adjusting status. She'd have a green card by the time she enters the US.

You would wait slightly longer to get it, but that's a minor issue IMO.

 

Check the guide.

https://www.visajourney.com/content/i130guide1/

 

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1 hour ago, ClydeRed said:

I haven't discussed these options or anything with her yet

Having recently gone through this process with my husband, I strongly recommend that you discuss all these options with her before her next trip to the US.  These are important, life-changing decisions, and so the sooner you have these conversations with her, the better, out of respect for her and her opinions.  It's her future too.  Don't hide anything from her.  Just my opinion.  Good luck with whatever path you decide to take, together.

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Sounds like the VWP? In which case she must have onward travel.

 

Why can she not work?


“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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Posted (edited)

People in the US on a visitor Visa can get married and adjust status, yes, as long as the marriage and subsequent stay was not planned ahead of time. It's a giant loophole because technically, starting a life in a new country requires a huge deal of planning, and that's why having a "spontaneous" wedding and "suddenly" deciding to stay in a country that you are supposed to be visiting is frowned upon.

 

It is very hard to believe any visitor would simply leave everything they had in their country of origin behind, including assets, family, jobs, and all those ties they were presumed to have when they got their visitor Visa in the first place... Without planning it to some extent.

 

But, it is as it is. Ultimately it is the law that needs to be changed to prevent such distortions.

 

In your case, OP, spending time together is very important before rushing into a decision but visa-wise, remember the longer she intends to stay as a visitor, the more questions she might have to answer at Immigration. A visitor Visa is for visiting and unless people have loads of money, visiting is usually short and less than a month.

 

Sadly that's the downside of having a relationship with someone from another country - we don't get to spend as much "face time" together as other couples, and we have to be resourceful but careful at the same time. My now wife and I spent almost two years living in a third country (Australia). She worked while I studied and it was the time we lived together that truly confirmed we were ready for marriage, so don't rush, take your time to visit each other, and as others have said, consider filing for a spousal visa instead of a K1 when you are ready.

Edited by Nat&Amy

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I guess it's not technically immigrant intent since he's the one that intends for her to possibly stay - we don't know her intent. But it is really sketchy at best, and is bordering fraud.

 

Best thing here is to spend time together, then do a K-1 or CR-1.


Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

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1/10/18: EAD + AP received

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10/17/18: Interview

10/24/18: Green card produced notice

10/25/18: Formal approval

10/31/18: Green card received

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

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