Thursday, May 13, 2010

K1 Visa or just get married in the states do the paperwork later?

Last year, my first wife left me. I waited 6 months to file for a dissolution of marriage in case she changed her mind. Then it was another 6 months for the dissolution to be final. So it's going to be final in two weeks. Now I'm planning to marry a girl from Belgium. She's currently living with me on a tourist visa that lasts 3 months. Should I fly her back to Europe and file for a K1 visa and then bring her back. Or should I just marry her as soon as my divorce is final March 1 and worry about paperwork later? Please help me. My concerns: I don't want to be apart from her for more than 2 weeks. She's pregnant due in August with our baby. Money isn't a huge concern but if there is a way to save a couple hundred I'm interested. Mostly I just want her to be a citizen ASAP. Help!K1 Visa or just get married in the states do the paperwork later?
The previous posters gave excellent answers. While it is not illegal to marry on a tourist visa if there was no intent to marry upon entry to the US, it IS illegal to enter the US on a tourist visa with the sole intention of marrying and remaining, even though people do it all the time and are successful. The K-1 %26amp; K-3 were created to limit these types of applications.





Also, filing for permanent residency from a tourist visa takes much longer than from a valid visa, which means obtaining work permits and such take much longer also.





It is also not true that just because a person is married to a US citizen they cannot be deported.K1 Visa or just get married in the states do the paperwork later?
Marry her...I married my wife from Colombia in the US, because she had a tourist visa, it is quicker (A fiance can take from 6 months to a year) and once you get married she can not be deported...it took about 4 months to get my wife's work permit...
Why, marry on a tourist visa? She'll never be able to adjust her status because if you do, she will commit immigration fraud. She went there as a tourist, on a tourist visa, her purpose supposed to be tourism, instead she marries. If you marry and then will try to adjust her status, it will never happen, she will be sent back, and then won't be able to come back for years, until she apply for a waiver which can be denied. And the baby will be considered as an anchor baby, and will just aggravate the fact of the fraud.


Either do a fiance visa or marry her in Belgium and do a spouse visa (though marriage in Belgium is very tedious, lot of paperwork).


People on student and work visas can marry. And even then it should not happen when they just enter the country, and it should be long-term visas. These can adjust their statuses.


If you want it safe, you should get her out of the country asap. When she is OUT, send the papers for the K1. It's much more quicker now, and you do not have to go anywhere, what for?


Spouse visa is very quick, perhaps 3 to 4 months.
So the thing is. You can marry someone on VWP.





Adjustment of status from VWP is tricky. Technically you commited a crime, since you promised that you are not going to immigrate. Adjustment of status from VWP has no appeal, if your case is denied.





However, a lot of people did it successfully (some had problems though). You case is easier. Baby shows that its a geniune marriage (one of concerns of denial GC for people on VWP). Baby shows that it would be difficult for her to move there and back in order to go throgh K1 route. So its Your choice.





But it would be better for her not to accrue any illegal presence.








Just my 2 cents.





NOTE: Sorry VWP - Visa Waiver Program. Thsi is how europeans can get to US for 90 days just with passport, no visa. Sorry I got used to all abbreviations

No comments:

Post a Comment