K1 Visa vs. Getting Married in US

[gordec 0]

Hi, I was wondering if it's possible for my fiance to come to the states on a visitor visa, and we can register here without going through with K1? Anyone know anything about that.

[darkhorse 0]

Hi, I was wondering if it's possible for my fiance to come to the states on a visitor visa, and we can register here without going through with K1? Anyone know anything about that.

If your fiance/fiancee came to the US on a tourist visa with the intent of immigration and marriage, and you are not yet married, then he/she should return to his/her home abroad, and the K-1 visa should be filed (using an I-129f) instead of the I-130 to avoid a denial, deportation, or even being banned from re-entry to the US.

I wouldn't do it...

[Dan J 277]

True. It would be a fraud

[RosemarieL 0]

If it were that easy we would all be doing that.....

[bora bora 1]

If it were that easy we would all be doing that.....

Well, not necessarily. The K1 visa was quite easy for us.

It is very difficult for Brazilians to be given tourist visas to the U.S. - where the fiance visa was not.

[joshnmil 0]

No, unfortunatly you have to get a K1, no easy way around it.

[YuAndDan 153]

Entering the US on a non-immigrant visitors visa with the full intention to marry and immigrate is text-book visa fraud.

If it were allowed then why does USCIS have the K-1 visa?

[Cécy 44]

The only case when you can get married in the US is if she is visiting you and you decide on the spot to get married.

You are already talking about marriage, so in your case there is intent. Therefore it would be considered visa fraud.

You have to give proof that there was no marriage intent when the foreign spouse entered the US if you don't have a K1 visa.

Edited July 3, 2007 by Cécy

[pushbrk 13,611]

Hi, I was wondering if it's possible for my fiance to come to the states on a visitor visa, and we can register here without going through with K1? Anyone know anything about that.

Sometimes the intent of questions isn't clear. I like to be literal in my answer and then add information I think is also pertinent.

Yes, it is possible for you fiance to come to the states on a visitor visa and you can marry here without a K1 visa.

However. Your then spouse, must not overstay the visa on which they entered. They must leave the USA. After marriage, you file a petitiion for a spouse visa. See the guides, because there are two choices. For a fiance to enter the US for marriage is allowed but for a then spouse who entered on a visitor visa with intent to marry, to attempt to stay in the US and adjust status to permanent resident is visa fraud.

If being together as soon as possible is your goal, then the K1 visa is the fast choice. You can file the petition within days of now, potentially. For a spouse visa, you can't file until after you arrange to marry. This assumes you've already met your fiance in person at least once in the past two years.

[Kez/JWolf 6]

The only case when you can get married in the US is if she is visiting you and you decide on the spot to get married.

You are already talking about marriage, so in your case there is intent. Therefore it would be considered visa fraud.

You have to give proof that there was no marriage intent when the foreign spouse entered the US if you don't have a K1 visa.

You do not have to give proof of any intent if you entered on a tourist visa.... you may be asked about it but unless they suspect marriage fraud it is unlikely you would be aske to submit any proof...

Kez

[pushbrk 13,611]

The only case when you can get married in the US is if she is visiting you and you decide on the spot to get married.

You are already talking about marriage, so in your case there is intent. Therefore it would be considered visa fraud.

You have to give proof that there was no marriage intent when the foreign spouse entered the US if you don't have a K1 visa.

You do not have to give proof of any intent if you entered on a tourist visa.... you may be asked about it but unless they suspect marriage fraud it is unlikely you would be aske to submit any proof...

Kez

The proof spoken of is not for US entry. The issue comes up when the immigrant attempts to adjust status to permanent resident. (to get a green card). Yes, with a visitor visa, you need only say you are on a pleasure trip. From some contries, obtaining a visitor visa to the US is pretty difficult.

[Kez/JWolf 6]

There is nothing illegal about getting married in the US.... the problem is if you remain after the marriage and try to adjust status.... if the marriage took place on the spur of the moment ( you could well have talked about marriage before but just not set a date or you could have a marriage planned and than choose to get married earlier, also there has some cases where the couple have a K1 filed and the immigrant comes over for a vacation and gets married and stay and does AOS without any issues.) then you can do AOS and you will not be asked to provide proof of your intent on entry.... most of us on VJ that have done AOS from a tourist visa/VWP did not provide any proof of our intent... Now if you and your SO sit and plan to come on a Tourist visa/VWP and then file for AOS you could well run into problems... but I do know that there are 1000s of couples who do just that and most go on to be approved for AOS woth no problems... do that make it right??? NO...

Kez

[Urge To Race 2]

Hi, I was wondering if it's possible for my fiance to come to the states on a visitor visa, and we can register here without going through with K1? Anyone know anything about that.

Sometimes the intent of questions isn't clear. I like to be literal in my answer and then add information I think is also pertinent.

Yes, it is possible for you fiance to come to the states on a visitor visa and you can marry here without a K1 visa.

However. Your then spouse, must not overstay the visa on which they entered. They must leave the USA. After marriage, you file a petitiion for a spouse visa. See the guides, because there are two choices. For a fiance to enter the US for marriage is allowed but for a then spouse who entered on a visitor visa with intent to marry, to attempt to stay in the US and adjust status to permanent resident is visa fraud.

If being together as soon as possible is your goal, then the K1 visa is the fast choice. You can file the petition within days of now, potentially. For a spouse visa, you can't file until after you arrange to marry. This assumes you've already met your fiance in person at least once in the past two years.

I like pushbrk's response. It is exactly what I was thinking. Your fiance can come, you can marry, then your fiance must then return home before the tourist visa expires. You would not try to adjust status, that would make this into visa fraud. You would file the I130 and perhaps the I129F if you wanted to pursue a K3 visa for your spouse.

If you are looking for speed of being together, you are probably better off filing the I129F for the K1, which is pretty quick compared to tourist + CR-1 or tourist +K3 stuff.

Edited July 3, 2007 by Urge To Race

[Saddle Bronc 124]

Better to use work or student visa. Using a visitor visa to "save time" of K-1 petition is "penny-wise, TON-foolish".

[etripke 0]

Better to use work or student visa. Using a visitor visa to "save time" of K-1 petition is "penny-wise, TON-foolish".

Say what? Those aren't any easier to get.