rzack

Guys, I just wondering what will happen to your K1 application if you get in US with visitor visa and get married then stay? Don't this couple will have problem in the future? Such as when they adjust their status, will their past application show up?

Bluegrass Lass

Yes they will have extreme difficulties. Having a K1 pending lets USCIS know that the beneficiary (foreign fiance) has immigration intent. If the foreign fiance enters the US, marries his/her US fiance, and then attempts to apply for Adj of Status, USCIS will not give him/her a green card because they bypassed the laws. The USCIS will have proof of the beneficiary's immigrant intent because the K1 was filed.

I'm no expert, but I would definitely say that in this scenario a green card would be denied, the foreign spouse will have to return to their home country, and then apply for another visa (most likely the K3 visa) to be allowed to enter the country again. Not sure if the couple would also have to file for a hardship waiver though.

If I'm way off base, I'm sure someone else will correct me!

rzack

Thank you....I just quite worried about my friends who think they know what they're doing. I asked them to wait for the K1 to be approved first but they already planned the wedding in 3 months (just applied K1 few weeks ago). I think I've done my part to inform her about the risks.

Folinskyinla

Hi:

1. The K-1 is dead when they get married.
2. Maybe yes; maybe no.
3. Yes.

Mtravelkay

rzack wrote:

    > Thank you....I just quite worried about my friends who think they know
    > what they're doing. I asked them to wait for the K1 to be approved first
    > but they already planned the wedding in 3 months (just applied K1 few
    > weeks ago). I think I've done my part to inform her about the risks.
    >

Are you saying the wedding date was set before entering as a "visitor"?

Kajikit

rzack had something important to tell us on Sat, 17 Apr 2004 01:21:25
+0000:

    >Thank you....I just quite worried about my friends who think they know
    >what they're doing. I asked them to wait for the K1 to be approved first
    >but they already planned the wedding in 3 months (just applied K1 few
    >weeks ago). I think I've done my part to inform her about the risks.

Tell them to move the wedding back at LEAST three months (six if
possible). They're not going to have a visa in time. Otherwise they'll
have to have a wedding minus the paperwork because legalising it would
be a nightmare! And the foreign party might well not be allowed into
the country at all because of the visa application in progress.

--
~Karen AKA Kajikit
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Made as of 12 April 2004 - 61 cards, 33 SB pages (plus 3 small giftbooks), 52 decos & more!

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Mtravelkay

Kajikit wrote:
    > rzack had something important to tell us on Sat, 17 Apr 2004 01:21:25
    > +0000:
    >
    >
    >>Thank you....I just quite worried about my friends who think they know
    >>what they're doing. I asked them to wait for the K1 to be approved first
    >>but they already planned the wedding in 3 months (just applied K1 few
    >>weeks ago). I think I've done my part to inform her about the risks.
    >
    >
    > Tell them to move the wedding back at LEAST three months (six if
    > possible). They're not going to have a visa in time. Otherwise they'll
    > have to have a wedding minus the paperwork because legalising it would
    > be a nightmare!

Or.. they could have the wedding and then go back to the immigrant's
country to wait for a CR-1 or K-3 visa or DCF