Newbie K-1 / F-1 quesion....
Mar 8th 2004, 5:50 pm
#1
Guest
Posts: n/a
Newbie K-1 / F-1 quesion....
I have seen a few FAQs around on the net, but none were current enough
to answer my question fully, as I realize this is very time sensitive
information.
I am a US Citizen in Texas. My girlfriend came to the US as an
exchange student from Mexico, and we began dating and fell in love.
We continuted the relationship long distance for the past year.
She has just graduated with her bachelors in Mexico, and she wants to
come to school in the US, and we hope to marry as well.
My question is this. Is it better for her to:
(1) Come to the US on her student visa, and for us to marry at some
point while she is here, and then apply for a change of status.
- OR -
(2) Apply for a K-1 Fiance Visa and enter on that, and then apply for
school using the K-1.
What are the pros and cons of these two options?
Any help is greatly appreaciated....!
THANKS!!!
to answer my question fully, as I realize this is very time sensitive
information.
I am a US Citizen in Texas. My girlfriend came to the US as an
exchange student from Mexico, and we began dating and fell in love.
We continuted the relationship long distance for the past year.
She has just graduated with her bachelors in Mexico, and she wants to
come to school in the US, and we hope to marry as well.
My question is this. Is it better for her to:
(1) Come to the US on her student visa, and for us to marry at some
point while she is here, and then apply for a change of status.
- OR -
(2) Apply for a K-1 Fiance Visa and enter on that, and then apply for
school using the K-1.
What are the pros and cons of these two options?
Any help is greatly appreaciated....!
THANKS!!!
Mar 8th 2004, 5:59 pm
#2
Guest
Posts: n/a
Re: Newbie K-1 / F-1 quesion....
Kai Jang wrote:
> I have seen a few FAQs around on the net, but none were current enough
> to answer my question fully, as I realize this is very time sensitive
> information.
>
> I am a US Citizen in Texas. My girlfriend came to the US as an
> exchange student from Mexico, and we began dating and fell in love.
> We continuted the relationship long distance for the past year.
>
> She has just graduated with her bachelors in Mexico, and she wants to
> come to school in the US, and we hope to marry as well.
>
> My question is this. Is it better for her to:
>
> (1) Come to the US on her student visa, and for us to marry at some
> point while she is here, and then apply for a change of status.
If she is planning to marry you and reside here permanently, then the
safeest way is to do it with appropriate visa (K-1). If the goal is to
go to school and she doesn't know if she will marry you, then she should
get the student visa. Alternately, you can marry before she comes to
Texas and she could get a K-3 or CR-1/IR-1.
> I have seen a few FAQs around on the net, but none were current enough
> to answer my question fully, as I realize this is very time sensitive
> information.
>
> I am a US Citizen in Texas. My girlfriend came to the US as an
> exchange student from Mexico, and we began dating and fell in love.
> We continuted the relationship long distance for the past year.
>
> She has just graduated with her bachelors in Mexico, and she wants to
> come to school in the US, and we hope to marry as well.
>
> My question is this. Is it better for her to:
>
> (1) Come to the US on her student visa, and for us to marry at some
> point while she is here, and then apply for a change of status.
If she is planning to marry you and reside here permanently, then the
safeest way is to do it with appropriate visa (K-1). If the goal is to
go to school and she doesn't know if she will marry you, then she should
get the student visa. Alternately, you can marry before she comes to
Texas and she could get a K-3 or CR-1/IR-1.
Mar 9th 2004, 12:28 am
#3
BE Enthusiast
Joined: Jan 2003
Posts: 368
Re: Newbie K-1 / F-1 quesion....
One disadvantage to a K-1, that I see, is that she cannot apply to the university until she is here. This could mean an additional 9 month delay. A good side to a K-1, is that once she is here should could work on campus an bide the time.
A student visa will get her here just as fast probably (b/c if she applied for a student visa the next semester would probably be Fall). At least then she would be starting school.
One thing to keep in mind is what your states qualifications for in-state tuition are. This will probably also affect you decision.
-Steve
Here is some info about adjusting from a student visa (filing AOS): http://www.visajourney.com/forums/index.php?pg=otheraos
A student visa will get her here just as fast probably (b/c if she applied for a student visa the next semester would probably be Fall). At least then she would be starting school.
One thing to keep in mind is what your states qualifications for in-state tuition are. This will probably also affect you decision.
-Steve
Here is some info about adjusting from a student visa (filing AOS): http://www.visajourney.com/forums/index.php?pg=otheraos
Mar 9th 2004, 5:28 am
#4
Guest
Posts: n/a
Re: Newbie K-1 / F-1 quesion....
If she comes on a K-1, will she be able to attend grad school?
mtravelkay <[email protected]> wrote in message news:<[email protected] .com>...
> Kai Jang wrote:
>
> > I have seen a few FAQs around on the net, but none were current enough
> > to answer my question fully, as I realize this is very time sensitive
> > information.
> >
> > I am a US Citizen in Texas. My girlfriend came to the US as an
> > exchange student from Mexico, and we began dating and fell in love.
> > We continuted the relationship long distance for the past year.
> >
> > She has just graduated with her bachelors in Mexico, and she wants to
> > come to school in the US, and we hope to marry as well.
> >
> > My question is this. Is it better for her to:
> >
> > (1) Come to the US on her student visa, and for us to marry at some
> > point while she is here, and then apply for a change of status.
>
> If she is planning to marry you and reside here permanently, then the
> safeest way is to do it with appropriate visa (K-1). If the goal is to
> go to school and she doesn't know if she will marry you, then she should
> get the student visa. Alternately, you can marry before she comes to
> Texas and she could get a K-3 or CR-1/IR-1.
mtravelkay <[email protected]> wrote in message news:<[email protected] .com>...
> Kai Jang wrote:
>
> > I have seen a few FAQs around on the net, but none were current enough
> > to answer my question fully, as I realize this is very time sensitive
> > information.
> >
> > I am a US Citizen in Texas. My girlfriend came to the US as an
> > exchange student from Mexico, and we began dating and fell in love.
> > We continuted the relationship long distance for the past year.
> >
> > She has just graduated with her bachelors in Mexico, and she wants to
> > come to school in the US, and we hope to marry as well.
> >
> > My question is this. Is it better for her to:
> >
> > (1) Come to the US on her student visa, and for us to marry at some
> > point while she is here, and then apply for a change of status.
>
> If she is planning to marry you and reside here permanently, then the
> safeest way is to do it with appropriate visa (K-1). If the goal is to
> go to school and she doesn't know if she will marry you, then she should
> get the student visa. Alternately, you can marry before she comes to
> Texas and she could get a K-3 or CR-1/IR-1.
Mar 9th 2004, 8:10 am
#5
Guest
Posts: n/a
Re: Newbie K-1 / F-1 quesion....
Thanks Steve! It definately looks like the F-1 is the best option.
From the looks of the FAQ page you sent me, she can come to Grad
school (I believe her F-1 visa is good for 2 years) and we can marry
at our leisure, as long as it is not within 60 days (so that it is not
interpreted as fraud).
That is good news, but what I am wondering is what happens AFTER we
are married. Will she be deported, or can she stay while her change of
status is processed? Has anyone expereinced this?
Steve2003 <member8695@british_expats.com> wrote in message news:<[email protected]>...
> One disadvantage to a K-1, that I see, is that she cannot apply to the
> university until she is here. This could mean an additional 9 month
> delay. A good side to a K-1, is that once she is here should could work
> on campus an bide the time.
>
> A student visa will get her here just as
> fast probably (b/c if she applied for a student visa the next semester
> would probably be Fall). At least then she would be starting school.
>
>
> One thing to keep in mind is what your states qualifications for in-
> state tuition are. This will probably also affect you decision.
>
> -Steve
>
>
>
> Here is some info about adjusting from a student visa (filing AOS):
> http://www.visajourney.com/forums/index.php?pg=otheraos
From the looks of the FAQ page you sent me, she can come to Grad
school (I believe her F-1 visa is good for 2 years) and we can marry
at our leisure, as long as it is not within 60 days (so that it is not
interpreted as fraud).
That is good news, but what I am wondering is what happens AFTER we
are married. Will she be deported, or can she stay while her change of
status is processed? Has anyone expereinced this?
Steve2003 <member8695@british_expats.com> wrote in message news:<[email protected]>...
> One disadvantage to a K-1, that I see, is that she cannot apply to the
> university until she is here. This could mean an additional 9 month
> delay. A good side to a K-1, is that once she is here should could work
> on campus an bide the time.
>
> A student visa will get her here just as
> fast probably (b/c if she applied for a student visa the next semester
> would probably be Fall). At least then she would be starting school.
>
>
> One thing to keep in mind is what your states qualifications for in-
> state tuition are. This will probably also affect you decision.
>
> -Steve
>
>
>
> Here is some info about adjusting from a student visa (filing AOS):
> http://www.visajourney.com/forums/index.php?pg=otheraos
Mar 9th 2004, 3:33 pm
#6
BE Enthusiast
Joined: Jan 2003
Posts: 368
Re: Newbie K-1 / F-1 quesion....
she can stay of course.
Just let me clarify my comment above... It is unlawful for her to come here as a student intending to marry and adjust status. If you guy think you may get married in the future and just need time together to decide that -- aka need the dating period... then having her here on the student visa is ideal.
Just let me clarify my comment above... It is unlawful for her to come here as a student intending to marry and adjust status. If you guy think you may get married in the future and just need time together to decide that -- aka need the dating period... then having her here on the student visa is ideal.
Mar 10th 2004, 1:47 am
#7
Account Closed
Joined: Aug 2002
Location: Kentucky
Posts: 38,865
Re: Newbie K-1 / F-1 quesion....
Originally posted by Kai Jang
If she comes on a K-1, will she be able to attend grad school?
If she comes on a K-1, will she be able to attend grad school?
Ian (and Sheila)
---------------------------------------------------
Timeline:
Mailed I-129F: November 28, 1997
K-1 interview in Montreal: March 27, 1998
Married Sheila: May 23, 1998
Filed for AoS: June 15, 1998
AoS interview: February 20, 2001
Received PR status: March 4, 2001
Applied for Citizenship: December 8, 2003
NoA: Priority date - December 11, 2003
Fingerprinted: January 20, 2004
Citizenship Interview: May 5, 2004
Mar 10th 2004, 5:05 am
#8
Guest
Posts: n/a
Re: Newbie K-1 / F-1 quesion....
We know we want to get married, but it would nice to be able to do it
at our leisure, with the planning of a wedding, ect, as opposed to
rushing through it. That would indeed be ideal.
The thing we were affraid of is that in the future when we do get
married, that it will mess up her schooling. I thought I read
somewhere that if an F-1 gets married (after the 60 days of course)
and then files for the "change of status", that she can only stay for
as long as her F-1 is good for (2 years). If that is true, then my
new wife would have to go back to Mexico until her change of status is
complete. I would die if that had to happen.
Have you ever heard this? I am interested to know more.
Thanks for the wonderfull information!
Steve2003 <member8695@british_expats.com> wrote in message news:<[email protected]>...
> she can stay of course.
>
> Just let me clarify my comment above... It is
> unlawful for her to come here as a student intending to marry and adjust
> status. If you guy think you may get married in the future and just
> need time together to decide that -- aka need the dating period... then
> having her here on the student visa is ideal.
at our leisure, with the planning of a wedding, ect, as opposed to
rushing through it. That would indeed be ideal.
The thing we were affraid of is that in the future when we do get
married, that it will mess up her schooling. I thought I read
somewhere that if an F-1 gets married (after the 60 days of course)
and then files for the "change of status", that she can only stay for
as long as her F-1 is good for (2 years). If that is true, then my
new wife would have to go back to Mexico until her change of status is
complete. I would die if that had to happen.
Have you ever heard this? I am interested to know more.
Thanks for the wonderfull information!
Steve2003 <member8695@british_expats.com> wrote in message news:<[email protected]>...
> she can stay of course.
>
> Just let me clarify my comment above... It is
> unlawful for her to come here as a student intending to marry and adjust
> status. If you guy think you may get married in the future and just
> need time together to decide that -- aka need the dating period... then
> having her here on the student visa is ideal.
Mar 13th 2004, 8:26 pm
#9
Guest
Posts: n/a
Re: UPDATE! Newbie K-1 / F-1 quesion....
UPDATE: My girlfriends family has decided they dont want to sponsor
her student F-1 visa. That kind of makes our decision for us. We
will do the K-1 visa. Here is what we are thinking. Your comments
and insights are GREATLY appreaciated.
We are thinking since she has had no trouble getting tourist visas,
she can come to the US within the next month on a tourist visa. While
she is here, we will meet with a lawyer and discuss the K-1 visa. Her
permission has been for 6 months the last two times she has visited.
We are thinking she can stay with me for 4 or 5 months, and then go
home and wait for her packet to be recieved by the US Embassy in
Mexico City.
I know once we submit the I-129F, there is a large time gap until the
embassy in Mexico City receives her paperwork. We could spend those
months together in the states right?
Thoughts? Comments? Any help is GREATLY appreaciated. Thanks a
million...
ian-mstm <member2954@british_expats.com> wrote in message news:<[email protected]>...
> Originally posted by Kai Jang
> > If she comes on a K-1,
> will she be able to attend grad school?
>
> Yes! I entered the US
> on a K-1 visa in April, and started a graduate degree in August that
> same year. Realize though, that she will likely not meet residency
> requirements so she'll probably have to pay out-of-state tuition fees.
>
>
> Ian (and Sheila)
> ---------------------------------------------------
>
> Timeline:
>
> Mailed I-129F: November 28, 1997
> K-1 interview in Montreal:
> March 27, 1998
> Married Sheila: May 23, 1998
> Filed for AoS: June 15,
> 1998
> AoS interview: February 20, 2001
> Received PR status: March 4, 2001
>
> Applied for Citizenship: December 8, 2003
> NoA: Priority date -
> December 11, 2003
> Fingerprinted: January 20, 2004
> Citizenship
> Interview: May 5, 2004
her student F-1 visa. That kind of makes our decision for us. We
will do the K-1 visa. Here is what we are thinking. Your comments
and insights are GREATLY appreaciated.
We are thinking since she has had no trouble getting tourist visas,
she can come to the US within the next month on a tourist visa. While
she is here, we will meet with a lawyer and discuss the K-1 visa. Her
permission has been for 6 months the last two times she has visited.
We are thinking she can stay with me for 4 or 5 months, and then go
home and wait for her packet to be recieved by the US Embassy in
Mexico City.
I know once we submit the I-129F, there is a large time gap until the
embassy in Mexico City receives her paperwork. We could spend those
months together in the states right?
Thoughts? Comments? Any help is GREATLY appreaciated. Thanks a
million...
ian-mstm <member2954@british_expats.com> wrote in message news:<[email protected]>...
> Originally posted by Kai Jang
> > If she comes on a K-1,
> will she be able to attend grad school?
>
> Yes! I entered the US
> on a K-1 visa in April, and started a graduate degree in August that
> same year. Realize though, that she will likely not meet residency
> requirements so she'll probably have to pay out-of-state tuition fees.
>
>
> Ian (and Sheila)
> ---------------------------------------------------
>
> Timeline:
>
> Mailed I-129F: November 28, 1997
> K-1 interview in Montreal:
> March 27, 1998
> Married Sheila: May 23, 1998
> Filed for AoS: June 15,
> 1998
> AoS interview: February 20, 2001
> Received PR status: March 4, 2001
>
> Applied for Citizenship: December 8, 2003
> NoA: Priority date -
> December 11, 2003
> Fingerprinted: January 20, 2004
> Citizenship
> Interview: May 5, 2004
Mar 14th 2004, 4:30 am
#10
Guest
Posts: n/a
Re: UPDATE! Newbie K-1 / F-1 quesion....
[email protected] (Kai Jang) wrote in message news:<[email protected]. com>...
> UPDATE: My girlfriends family has decided they dont want to sponsor
> her student F-1 visa. That kind of makes our decision for us. We
> will do the K-1 visa. Here is what we are thinking. Your comments
> and insights are GREATLY appreaciated.
>
> We are thinking since she has had no trouble getting tourist visas,
> she can come to the US within the next month on a tourist visa. While
> she is here, we will meet with a lawyer and discuss the K-1 visa. Her
> permission has been for 6 months the last two times she has visited.
> We are thinking she can stay with me for 4 or 5 months, and then go
> home and wait for her packet to be recieved by the US Embassy in
> Mexico City.
>
> I know once we submit the I-129F, there is a large time gap until the
> embassy in Mexico City receives her paperwork. We could spend those
> months together in the states right?
>
> Thoughts? Comments? Any help is GREATLY appreaciated. Thanks a
> million...
>
Do consult a lawyer. I am not a lawyer.
I do know that once a petition is filed for a K1, there is a good
chance that Immigration will not let her into the country on a
visitors visa. When they ask the purpose of her visit and she says "to
visit my fiance'" (whether a petition is filed or not) they will
suspect she intends to stay permanently and deny admission. Lying to
Immigration is not a good idea.
Many people will tell you to have her come here on her visitor's visa,
get married and Adjust Status. Many people do this. However, if she
enters the country with the intention of doing this, she has committed
visa fraud which can have dire consequences. We have your intentions
in writing right here.
A K3 might be quicker for you, if you do not live where you can file
in Vermont.
By all means, consult an attorney.
> UPDATE: My girlfriends family has decided they dont want to sponsor
> her student F-1 visa. That kind of makes our decision for us. We
> will do the K-1 visa. Here is what we are thinking. Your comments
> and insights are GREATLY appreaciated.
>
> We are thinking since she has had no trouble getting tourist visas,
> she can come to the US within the next month on a tourist visa. While
> she is here, we will meet with a lawyer and discuss the K-1 visa. Her
> permission has been for 6 months the last two times she has visited.
> We are thinking she can stay with me for 4 or 5 months, and then go
> home and wait for her packet to be recieved by the US Embassy in
> Mexico City.
>
> I know once we submit the I-129F, there is a large time gap until the
> embassy in Mexico City receives her paperwork. We could spend those
> months together in the states right?
>
> Thoughts? Comments? Any help is GREATLY appreaciated. Thanks a
> million...
>
Do consult a lawyer. I am not a lawyer.
I do know that once a petition is filed for a K1, there is a good
chance that Immigration will not let her into the country on a
visitors visa. When they ask the purpose of her visit and she says "to
visit my fiance'" (whether a petition is filed or not) they will
suspect she intends to stay permanently and deny admission. Lying to
Immigration is not a good idea.
Many people will tell you to have her come here on her visitor's visa,
get married and Adjust Status. Many people do this. However, if she
enters the country with the intention of doing this, she has committed
visa fraud which can have dire consequences. We have your intentions
in writing right here.
A K3 might be quicker for you, if you do not live where you can file
in Vermont.
By all means, consult an attorney.
Mar 16th 2004, 8:38 am
#11
Guest
Posts: n/a
Re: UPDATE! Newbie K-1 / F-1 quesion....
Spoke to a lawyer yesterday as well as a supervisor at the local
immigration office. Both said that it is if she can get into the
country on her tourist visa, we can marry and she can change her
status with no problem. I had always heard this is fraud. Anybody
know anything about this?
[email protected] (Harold) wrote in message news:<[email protected]. com>...
> [email protected] (Kai Jang) wrote in message news:<[email protected]. com>...
> > UPDATE: My girlfriends family has decided they dont want to sponsor
> > her student F-1 visa. That kind of makes our decision for us. We
> > will do the K-1 visa. Here is what we are thinking. Your comments
> > and insights are GREATLY appreaciated.
> >
> > We are thinking since she has had no trouble getting tourist visas,
> > she can come to the US within the next month on a tourist visa. While
> > she is here, we will meet with a lawyer and discuss the K-1 visa. Her
> > permission has been for 6 months the last two times she has visited.
> > We are thinking she can stay with me for 4 or 5 months, and then go
> > home and wait for her packet to be recieved by the US Embassy in
> > Mexico City.
> >
> > I know once we submit the I-129F, there is a large time gap until the
> > embassy in Mexico City receives her paperwork. We could spend those
> > months together in the states right?
> >
> > Thoughts? Comments? Any help is GREATLY appreaciated. Thanks a
> > million...
> >
>
> Do consult a lawyer. I am not a lawyer.
>
> I do know that once a petition is filed for a K1, there is a good
> chance that Immigration will not let her into the country on a
> visitors visa. When they ask the purpose of her visit and she says "to
> visit my fiance'" (whether a petition is filed or not) they will
> suspect she intends to stay permanently and deny admission. Lying to
> Immigration is not a good idea.
>
> Many people will tell you to have her come here on her visitor's visa,
> get married and Adjust Status. Many people do this. However, if she
> enters the country with the intention of doing this, she has committed
> visa fraud which can have dire consequences. We have your intentions
> in writing right here.
>
> A K3 might be quicker for you, if you do not live where you can file
> in Vermont.
>
> By all means, consult an attorney.
immigration office. Both said that it is if she can get into the
country on her tourist visa, we can marry and she can change her
status with no problem. I had always heard this is fraud. Anybody
know anything about this?
[email protected] (Harold) wrote in message news:<[email protected]. com>...
> [email protected] (Kai Jang) wrote in message news:<[email protected]. com>...
> > UPDATE: My girlfriends family has decided they dont want to sponsor
> > her student F-1 visa. That kind of makes our decision for us. We
> > will do the K-1 visa. Here is what we are thinking. Your comments
> > and insights are GREATLY appreaciated.
> >
> > We are thinking since she has had no trouble getting tourist visas,
> > she can come to the US within the next month on a tourist visa. While
> > she is here, we will meet with a lawyer and discuss the K-1 visa. Her
> > permission has been for 6 months the last two times she has visited.
> > We are thinking she can stay with me for 4 or 5 months, and then go
> > home and wait for her packet to be recieved by the US Embassy in
> > Mexico City.
> >
> > I know once we submit the I-129F, there is a large time gap until the
> > embassy in Mexico City receives her paperwork. We could spend those
> > months together in the states right?
> >
> > Thoughts? Comments? Any help is GREATLY appreaciated. Thanks a
> > million...
> >
>
> Do consult a lawyer. I am not a lawyer.
>
> I do know that once a petition is filed for a K1, there is a good
> chance that Immigration will not let her into the country on a
> visitors visa. When they ask the purpose of her visit and she says "to
> visit my fiance'" (whether a petition is filed or not) they will
> suspect she intends to stay permanently and deny admission. Lying to
> Immigration is not a good idea.
>
> Many people will tell you to have her come here on her visitor's visa,
> get married and Adjust Status. Many people do this. However, if she
> enters the country with the intention of doing this, she has committed
> visa fraud which can have dire consequences. We have your intentions
> in writing right here.
>
> A K3 might be quicker for you, if you do not live where you can file
> in Vermont.
>
> By all means, consult an attorney.
Mar 18th 2004, 5:56 pm
#12
Guest
Posts: n/a
Re: UPDATE! Newbie K-1 / F-1 quesion....
[email protected] (Kai Jang) wrote in message news:<[email protected]. com>...
> Spoke to a lawyer yesterday as well as a supervisor at the local
> immigration office. Both said that it is if she can get into the
> country on her tourist visa, we can marry and she can change her
> status with no problem. I had always heard this is fraud. Anybody
> know anything about this?
>
It seems to me that people are trying to get into the letter of the
law.
If so, let us look at the law itself.
Define yourself the word "Fraud"
If I'm not mistaken, INTENT must be an element of the crime. So, the
person must have intented to come to America on tourist visa to marry
a US citizen. How can a prosecutor prove that intent?
If they can't, the marriage must be genuine. So USCIS must approve the
application for the person to become a permanent resident.
I don't know if I explained it right.
Anyone has any comments?
Thanks.
> [email protected] (Harold) wrote in message news:<[email protected]. com>...
> > [email protected] (Kai Jang) wrote in message news:<[email protected]. com>...
> > > UPDATE: My girlfriends family has decided they dont want to sponsor
> > > her student F-1 visa. That kind of makes our decision for us. We
> > > will do the K-1 visa. Here is what we are thinking. Your comments
> > > and insights are GREATLY appreaciated.
> > >
> > > We are thinking since she has had no trouble getting tourist visas,
> > > she can come to the US within the next month on a tourist visa. While
> > > she is here, we will meet with a lawyer and discuss the K-1 visa. Her
> > > permission has been for 6 months the last two times she has visited.
> > > We are thinking she can stay with me for 4 or 5 months, and then go
> > > home and wait for her packet to be recieved by the US Embassy in
> > > Mexico City.
> > >
> > > I know once we submit the I-129F, there is a large time gap until the
> > > embassy in Mexico City receives her paperwork. We could spend those
> > > months together in the states right?
> > >
> > > Thoughts? Comments? Any help is GREATLY appreaciated. Thanks a
> > > million...
> > >
> >
> > Do consult a lawyer. I am not a lawyer.
> >
> > I do know that once a petition is filed for a K1, there is a good
> > chance that Immigration will not let her into the country on a
> > visitors visa. When they ask the purpose of her visit and she says "to
> > visit my fiance'" (whether a petition is filed or not) they will
> > suspect she intends to stay permanently and deny admission. Lying to
> > Immigration is not a good idea.
> >
> > Many people will tell you to have her come here on her visitor's visa,
> > get married and Adjust Status. Many people do this. However, if she
> > enters the country with the intention of doing this, she has committed
> > visa fraud which can have dire consequences. We have your intentions
> > in writing right here.
> >
> > A K3 might be quicker for you, if you do not live where you can file
> > in Vermont.
> >
> > By all means, consult an attorney.
> Spoke to a lawyer yesterday as well as a supervisor at the local
> immigration office. Both said that it is if she can get into the
> country on her tourist visa, we can marry and she can change her
> status with no problem. I had always heard this is fraud. Anybody
> know anything about this?
>
It seems to me that people are trying to get into the letter of the
law.
If so, let us look at the law itself.
Define yourself the word "Fraud"
If I'm not mistaken, INTENT must be an element of the crime. So, the
person must have intented to come to America on tourist visa to marry
a US citizen. How can a prosecutor prove that intent?
If they can't, the marriage must be genuine. So USCIS must approve the
application for the person to become a permanent resident.
I don't know if I explained it right.
Anyone has any comments?
Thanks.
> [email protected] (Harold) wrote in message news:<[email protected]. com>...
> > [email protected] (Kai Jang) wrote in message news:<[email protected]. com>...
> > > UPDATE: My girlfriends family has decided they dont want to sponsor
> > > her student F-1 visa. That kind of makes our decision for us. We
> > > will do the K-1 visa. Here is what we are thinking. Your comments
> > > and insights are GREATLY appreaciated.
> > >
> > > We are thinking since she has had no trouble getting tourist visas,
> > > she can come to the US within the next month on a tourist visa. While
> > > she is here, we will meet with a lawyer and discuss the K-1 visa. Her
> > > permission has been for 6 months the last two times she has visited.
> > > We are thinking she can stay with me for 4 or 5 months, and then go
> > > home and wait for her packet to be recieved by the US Embassy in
> > > Mexico City.
> > >
> > > I know once we submit the I-129F, there is a large time gap until the
> > > embassy in Mexico City receives her paperwork. We could spend those
> > > months together in the states right?
> > >
> > > Thoughts? Comments? Any help is GREATLY appreaciated. Thanks a
> > > million...
> > >
> >
> > Do consult a lawyer. I am not a lawyer.
> >
> > I do know that once a petition is filed for a K1, there is a good
> > chance that Immigration will not let her into the country on a
> > visitors visa. When they ask the purpose of her visit and she says "to
> > visit my fiance'" (whether a petition is filed or not) they will
> > suspect she intends to stay permanently and deny admission. Lying to
> > Immigration is not a good idea.
> >
> > Many people will tell you to have her come here on her visitor's visa,
> > get married and Adjust Status. Many people do this. However, if she
> > enters the country with the intention of doing this, she has committed
> > visa fraud which can have dire consequences. We have your intentions
> > in writing right here.
> >
> > A K3 might be quicker for you, if you do not live where you can file
> > in Vermont.
> >
> > By all means, consult an attorney.
Mar 18th 2004, 6:05 pm
#13
Guest
Posts: n/a
Re: UPDATE! Newbie K-1 / F-1 quesion....
Kangaroo wrote:
>
> It seems to me that people are trying to get into the letter of the
> law.
> If so, let us look at the law itself.
> Define yourself the word "Fraud"
> If I'm not mistaken, INTENT must be an element of the crime. So, the
> person must have intented to come to America on tourist visa to marry
> a US citizen. How can a prosecutor prove that intent?
> If they can't, the marriage must be genuine. So USCIS must approve the
> application for the person to become a permanent resident.
> I don't know if I explained it right.
> Anyone has any comments?
Yes.... If you ever become an attorney, that bit of logic could benefit
the malpractice attorney a great deal.
>
> It seems to me that people are trying to get into the letter of the
> law.
> If so, let us look at the law itself.
> Define yourself the word "Fraud"
> If I'm not mistaken, INTENT must be an element of the crime. So, the
> person must have intented to come to America on tourist visa to marry
> a US citizen. How can a prosecutor prove that intent?
> If they can't, the marriage must be genuine. So USCIS must approve the
> application for the person to become a permanent resident.
> I don't know if I explained it right.
> Anyone has any comments?
Yes.... If you ever become an attorney, that bit of logic could benefit
the malpractice attorney a great deal.
