K1 Visa Filing and Visiting advice.

[Becker 17]

Hi all. Just want a little advice. We are looking to file our I-129f soon but have questions about being able to visit and numbers 38a - h on the form. 
 

We are a little blown away by being able to/not being able to visit so we were thinking of waiting until I’m in the country to file the visa and knock 2 months out of the way. My first question is, if we file it while the beneficiary is in the US visiting with an ESTA, do we tick the box on the form that says “is your beneficiary currently in the United States” 38a - h. It also asks for a I-94 departure-arrival record number. How would we find that if we were currently in the US visiting when filing the I-129f?

 

Also, we have visited each other in US & UK for months at a time on at least 8-12 occasions. Will this be a negative when trying to enter the United States as a visitor while the K1 visa is in process. We are just looking to keep the time away to a minimum and don’t want to risk anything jeopardising the approval if it’s that easy to get denied when visiting in the process

[JFH 12,189]

You can visit as often as you wish throughout the process. 
 

Each admission is granted or refused by the CBP Officer at the border. VWP visitors are not guaranteed admission, but may request admission at the border. If you have been visiting so frequently or for long periods at a time it can cause a refusal if the officer believes you are actually living here in installments rather than visiting or if he believes you are not going to return home at the end of the visit. Such refusals are rare, but they do happen. In your favour you have a good track record of visits behind you. I visited over 40 times on the VWP before I moved here. No problems. 
 

You can get your I-94 from the website:

 

https://i94.cbp.dhs.gov/I94/

 

If you visit frequently, have you considered having a quick and simple wedding on one of your visits and filing a spousal visa? There are huge disadvantages to a K-1 and it costs more. Personally I can’t see any benefit to a K-1 for someone who can and does visit regularly. 

 

 

Edited June 12, 2020 by JFH

[Becker 17]

55 minutes ago, JFH said:

You can visit as often as you wish throughout the process. 
 

Each admission is granted or refused by the CBP Officer at the border. VWP visitors are not guaranteed admission, but may request admission at the border. If you have been visiting so frequently or for long periods at a time it can cause a refusal if the officer believes you are actually living here in installments rather than visiting or if he believes you are not going to return home at the end of the visit. Such refusals are rare, but they do happen. In your favour you have a good track record of visits behind you. I visited over 40 times on the VWP before I moved here. No problems. 
 

You can get your I-94 from the website:

 

https://i94.cbp.dhs.gov/I94/

 

If you visit frequently, have you considered having a quick and simple wedding on one of your visits and filing a spousal visa? There are huge disadvantages to a K-1 and it costs more. Personally I can’t see any benefit to a K-1 for someone who can and does visit regularly. 

 

 

What would be the advantages of doing a spousal visa? We aren’t planning anything huge we are just doing the fiancé visa so that we can live with each other after getting marriage papers. 
 

Would a Spousal Visa be the better option? Also, how would we get married with a spousal visa, is that not visa fraud? 
 

thanks for all the other answers! 

[payxibka 10,044]

Just now, Becker said:

What would be the advantages of doing a spousal visa? We aren’t planning anything huge we are just doing the fiancé visa so that we can live with each other after getting marriage papers. 
 

Would a Spousal Visa be the better option? Also, how would we get married with a spousal visa, is that not visa fraud? 
 

thanks for all the other answers! 

A spousal visa is not required to simply get married,  a spousal visa is required to immigrate.   Important difference 

[Becker 17]

4 minutes ago, payxibka said:

A spousal visa is not required to simply get married,  a spousal visa is required to immigrate.   Important difference 

I understand this. But, how would we legally get married and apply for a spousal visa?

 

also, wouldn’t we have to provide proof that the marriage is real? I have read that you could show you’ve lived together or have joint finances but we have no way to do that as the beneficiary can only stay in the US for 3 months max at a time. I’m a little confused by how the Spousal Visa is easier. 

[payxibka 10,044]

6 minutes ago, Becker said:

I understand this. But, how would we legally get married and apply for a spousal visa?

 

also, wouldn’t we have to provide proof that the marriage is real? I have read that you could show you’ve lived together or have joint finances but we have no way to do that as the beneficiary can only stay in the US for 3 months max at a time. I’m a little confused by how the Spousal Visa is easier. 

Come to the USA for a visit,  get married,  alien goes back home, file an i130 petition 

 

Nobody said easier.  Spouse Visa has significant advantages.   Upon entering with a spouse Visa,  tha alien is immediately a resident,  can work, travel, etc..  this is not the situation on a k1

[Marieke H 2,322]

11 minutes ago, Becker said:

I’m a little confused by how the Spousal Visa is easier. 

The process isn't easier, but the time after immigrating may be a lot easier for the immigrant's mental health. They can immediately work, get a driver's license, travel, etc, which is huge. With a K1, they will have to wait for 5-7 months after immigrating. Just get married next time you are together and file for the spousal visa.

 

1 hour ago, Becker said:

My first question is, if we file it while the beneficiary is in the US visiting with an ESTA, do we tick the box on the form that says “is your beneficiary currently in the United States” 38a - h.

If you choose to file for the K1 while the beneficiary is in the US, of course you answer "yes" to this question, because that's the truth. Don't overthink these questions, just answer truthfully. 

[Becker 17]

7 minutes ago, payxibka said:

Come to the USA for a visit,  get married,  alien goes back home, file an i130 petition 

 

Nobody said easier.  Spouse Visa has significant advantages.   Upon entering with a spouse Visa,  tha alien is immediately a resident,  can work, travel, etc..  this is not the situation on a k1

Sorry but isn’t that visa fraud? 
 

Also, as mentioned we want to have a quick process which requires us just to get the papers so we will have no proof such as invitations, photos etc. 
 

I have read in some websites suggesting evidence of joint finances, living together etc etc are other forms of proof which we also will not have until we can finally live together in USA. 

[Marieke H 2,322]

1 minute ago, Becker said:

Sorry but isn’t that visa fraud? 
 

Also, as mentioned we want to have a quick process which requires us just to get the papers so we will have no proof such as invitations, photos etc. 
 

I have read in some websites suggesting evidence of joint finances, living together etc etc are other forms of proof which we also will not have until we can finally live together in USA. 

It is fraud to travel to the US on a nonimmigrant visa with the intent to get married and stay. It is perfectly legal to visit to get married and then go home.

[Becker 17]

1 minute ago, Marieke H said:

It is fraud to travel to the US on a nonimmigrant visa with the intent to get married and stay. It is perfectly legal to visit to get married and then go home.

Okay so let’s say we do it this way. Get married during the next visit and the beneficiary goes home. What would be the next steps after filing the I-130f 

 

Like when we need to prove our marriage at the interview. Or if the interviewer asks “why did you get married during a visitation with an ESTA”

 

I have read that they can see when I enter red with an ESTA and they’ll see the marriage happened during that visitation. 
 

honestly we are just looking for the easiest method in which we can be living together after 6 years of travelling back and forth quitting jobs. 
 

Thanks for the replies 

[Greenbaum 12,258]

12 minutes ago, Becker said:

Okay so let’s say we do it this way. Get married during the next visit and the beneficiary goes home. What would be the next steps after filing the I-130f 

 

Like when we need to prove our marriage at the interview. Or if the interviewer asks “why did you get married during a visitation with an ESTA”

 

I have read that they can see when I enter red with an ESTA and they’ll see the marriage happened during that visitation. 
 

honestly we are just looking for the easiest method in which we can be living together after 6 years of travelling back and forth quitting jobs. 
 

Thanks for the replies 

You're getting the best advice on a question you are asking but you doubt the answer, yet they are all consistent with each other.

 

Getting married on a visit and returning home is not visa fraud. A spousal visa has some benefits which working almost immediately for some is an advantage.

 

There are guides here on VJ on how to file. Use the "guides" tab from the blue ribbon above for that information.

 

With regards, to your question about the interview you are going to show a marriage certificate that you are lawfully married so where am I missing the disconnect that you state in your earlier rebuttal?

[Marieke H 2,322]

7 minutes ago, Becker said:

Okay so let’s say we do it this way. Get married during the next visit and the beneficiary goes home. What would be the next steps after filing the I-130f 

 

Like when we need to prove our marriage at the interview. Or if the interviewer asks “why did you get married during a visitation with an ESTA”

 

I have read that they can see when I enter red with an ESTA and they’ll see the marriage happened during that visitation. 
 

honestly we are just looking for the easiest method in which we can be living together after 6 years of travelling back and forth quitting jobs. 
 

Thanks for the replies 

People get married on an ESTA all the time, and it really isn't a problem. You will file the I-130 (not I-130f). Regarding evidence, they understand that married couples living apart don't have a lot of financial comingling yet, but some things you can do is add each other as beneficiary to life insurance plans, power of attorneys, etc. Add a few pictures of the two of you getting married, even if it's just a courthouse wedding. 

 

The K1 is a few months faster, but you will have to file for AOS after getting married, which is a whole new frustrating process. The wait for the EAD can be very hard for the beneficiary. Of course everyone is different and handles it differently, but for me it was a struggle. Plus living on 1 income for 6 months can be challenging. 

 

The CR1 takes a bit longer, but is cheaper in the long run (no AOS fee). The beneficiary gets a 2 year greencard on arrival, so they can start working immediately.

 

It's your choice in the end. Just consider both options. Good luck!

[Lucky2Lucky 2,526]

5 minutes ago, Becker said:

Okay so let’s say we do it this way. Get married during the next visit and the beneficiary goes home. What would be the next steps after filing the I-130f 

 

Like when we need to prove our marriage at the interview. Or if the interviewer asks “why did you get married during a visitation with an ESTA”

 

I have read that they can see when I enter red with an ESTA and they’ll see the marriage happened during that visitation. 
 

honestly we are just looking for the easiest method in which we can be living together after 6 years of travelling back and forth quitting jobs. 
 

Thanks for the replies 

They should not question why you were married on an ESTA- you did nothing wrong, it’s allowed as long as you go back home. For evidence you would have proof of your travel to see each other/passport stamps, photos, can obtain joint bank account and create wills. 

 

if you are looking for the fastest method to be together that should be the k1. I think what people are trying to point out is a disadvantage of the k1 is you won’t be able to work, travel or drive for approximately 6+ months. If finances and getting a job/driving/inability to leave country are no big deal then by all means continue with your plan for k1. 
 

For us- k1 was the best and these are the reasons specific to me (which you see may not be applicable to someone from an English speaking language/ability to travel) I wanted my family to be at my marriage (even tho it was just a justice of the peace) and there is no way they could have traveled to husbands country (not to mention the burden of having to translate documents, waiting for said documents and probably having to pay bribe $ to get things completed) My husband was unable to visit the USA (or the majority of countries actually) There is no way my husband would have been able to start a job right away due to the culture shock. Going grocery shopping, heck even having electricity 24/7 were things that were so new to him. He needed to practice his English, obtain a HS diploma and there was no way he’d be able to drive. His country doesn’t even have highways. We lived with my parents so finances weren’t an issue and the support was needed when I was at work. 
 

if you do continue with the k1 start filling it out now as there is no benefit in waiting. Good luck on your journey.

[geowrian 22,336]

26 minutes ago, Becker said:

Sorry but isn’t that visa fraud? 

How do destination weddings work?

 

No, it is perfectly legal to marry on any visa (or even if you entered illegally) in the US. (obviously the entering illegally would not be legal, but the marriage would be)

The issue is people who come to marry then stay. If you return home, there is no issue.

 

Your profile implies you live in England. England requires a special visa to marry. The US does not.

Edited June 12, 2020 by geowrian

[payxibka 10,044]

28 minutes ago, Becker said:

Okay so let’s say we do it this way. Get married during the next visit and the beneficiary goes home. What would be the next steps after filing the I-130f 

 

Like when we need to prove our marriage at the interview. Or if the interviewer asks “why did you get married during a visitation with an ESTA”

 

I have read that they can see when I enter red with an ESTA and they’ll see the marriage happened during that visitation. 
 

honestly we are just looking for the easiest method in which we can be living together after 6 years of travelling back and forth quitting jobs. 
 

Thanks for the replies 

This is NOT England 

 

No such thing as a federal database of marriage.  They cannot see anything like this.  I think you need to stop reading those sites.  You are not getting good information 

Edited June 12, 2020 by payxibka