seygirl

Prior to my finding out I was pregnant, my fiance and I had planned to bring him to the US on a tourist visa first to see if he would like living in the US. My pregnancy changes things and I would like him here with me (he wants to be here with me as well). I just found out the length of time it takes for the K-1 visa and am shocked. Can anyone provide any advice for my predicament. Can he come on a tourist visa and then have him apply for a K-1 visa? Many thanks for responding!

Patrick

No, the K1 visa is a one time entry visa and you apply for that if you are going to marry when he arrives. It normaly takes 3 - 6 months to get from the US Embassy London. If this is too long for you then you could be in trouble.

You are not allowed to enter on the Visa Waver scheme with the intention of (marrying and) staying, if he gets questioned at the Point of Entry (POE) he could be refused entry which would make future visits even more difficult. If he enters on the Visa Waver and then marries and tries to adjust status it will take longer than getting a K1 from the UK and he may not be allowed to work or support you (which may be a problem if you have a child).

The safest and, in my opinion, best way in your situation is to go through the K1 then you are guarenteed entry and shortly after marriage (after he applies for an EAD) he can work and support you both. What you do not want is to complicate matters by doing something silly or illegal

Good Luck and God Bless

Patrick

seygirl

Thanks Patrick - but he is from Sri Lanka (not that that makes much difference -just no visa waiver program for SL's). What if he comes here on a tourist visa and we apply for a K-1 visa and he goes back to SL in time for the interview? There will be no adjustment of status if he goes back and gets a K-1 visa and then enters the US and then we get married. This is making me crazy.

sibsie

The K1 from Sri Lanka could take a lot longer than from London. It also depends on where your service centre would be.

If he goes in on a tourist visa and you are intending to apply for the K1 and have him go home for the interview you "could" be breaching the terms of the tourist visa and cause complications for yourselves and there is no guarantee you'd get the interview before his visa expires.

I'd at least have an inital consulation with an immigration lawyer and wouldn't second guess the immigration procedure.

Good luck with it.

NC Penguin

A tourist visa is for those who have no immigrant intention so to apply for a K-1 whilst in the US breaks the rules, even if your fiance returned to his home country as per the tourist visa.

Also, I just want to play Devil's Advocate here.

The pregnancy was unexpected and has thrown your original plans of your fiance using a visitor's visa to "see if he likes living in the US".

You say you'd like him with you now. Does he so much more keen now to be in the US 'cos you're pregnant? I wonder (and this is the Devil's Advocate element) if you becoming pregnant is deliberate on his part so that he can move to the US. Just some "food for thought".

If you bring him over on a K-1 you have financial responsibilities to him for a number of years. I think this is part of the Affadavit of Support that you (and perhaps a cosponsor, if you don't fulfill the criteria) commit to. If I'm mistaken about all this, I hope former K-1ers will correct me.

I hope you truly know your fiance and that he will love and support you and the baby, whether or not he is in the US with you.




NC Penguin

seygirl

NC - I appreciate your concern. I have traveled quite a bit and have run into those seeking to get a ride to the US. I'm 37 and not so young and naive and this guy is the one for me - my true soulmate. If I could have found a job when I was in Sri Lanka I would have stayed. He loves Sri Lanka and his family there. Hence, my concerns he may not like it or adjust to things here. The pregnancy does make us speed up our planning process a bit more. We both want what is best for the baby and us. I am aware of the financial consequences. We had hoped to start a business here (while I work a regular paying job to keep up with the bills). So, we had some plans prior to the pregnancy.

GJB

definitely do it the proper way and get a K1...

I came in on an I-94W visitor visa, got married and stayed... i got into a lot of trouble for it, almost got thrown into jail and had to pay $300 additional to the INS to get it all 'smoothed over'...

GJB

ScousePete

Was that cash? Low denomination - non-sequential bills?

GJB

something like that... come to think of it, when i gave it to the INS official he put it straight into his pocket...

no, i'm just kidding... i knew what i was doing, just didn't realise the penalties were so severe... i had booked a return flight from the UK (because it was only about 20 quid dearer than a 1 way and i knew it would cut down on the questioning) and came in as a visitor but with no intention of returning...

when i filled out all my paperwork and had my INS interview i told them what i had done, and basically it amounts to breaking the law and falsification of documents... i had to fill out another form and pay the fine ($300+)... although overall i'd say it didn't slow the process down for me... but then i'm in kansas city, not the most popular destination for immigrants from the UK, so probably not as many applications to process... certainly not as many as say, NY or CA...

best
GJB

Manc

Me too.
didn't pay anything extra though. Had my EAD within 3 months.
gotta love the INS

ms_bhon

Seygirl:

It *is* possible to have him come in on a tourist visa, you two marry in a low key spur of the moment ceremony, and then have him adjust status from a tourist visa, but you both will face certain disadvantages:
- He will only be able to travel with a small amount of his "stuff"- ie looking like a tourist as opposed to a potential immigrant
- If he really is coming over with intent to marry, he would be mis-representing himself at the POE, and could be called on it later and face fines, and deportation

I recommend you post on the marriage based visas forum, which is below this forum on the britishexpats forum page:
http://britishexpats.com/forum/showt...hreadid=164511

There are alot of useful links on that thread that can take you through the whole process.

I think it would be prudent for you to have a back-up birth partner in case your fiance does not get his k-1 visa in time. My husband and I went the k-1 visa route ourselves and it took about 5 months for him to get his visa (he's from the UK). Our timeline can be found on our homepage, which you will find linked in my profile.

Good luck.

ps. Are you the same seygirl as on LP TT YC??? I post there sometimes formally as ms_bhon, but now as MizB

seygirl

Yep, that's me. Bequibar "referred" me here. Thanks for the info. It looks like the K1 is the way to go. I'm having a consultation with an immigration lawyer Friday - I guess for him to tell me the same thing!

Patrick

If it is premeditated it is illegal, you have discussed it so it is premeditated. I ****ing hate it when idiots give out illegal advice, if your going to tell someone to enter the country then spur of the moment marry then do it on PM not the public forum.

If the guy gets stopped at the POE and lies about his intentions he has broken the law, the tourist visa is for ****ing tourists, the k1 visa is for marrying.

For ****s sake people if you are going to post advice at least be responsible and not advice people to break the law.

Patrick

GJB

indeed... which is why my 2 posts (above) say that it is what i did, BUT i didn't say it was the *right* thing to do, in fact i'd recommend against it...

GJB

ms_bhon

Patrick, if you read my post carefully, you will see that not only did my husband and I go the k-1 route ourselves, but I also recommend *against* breaking the law by coming in on a tourist visa and then marrying and trying to adjust status.

Yes, I agree that coming in on a tourist visa with the intent to marry is illegal. However, there are people out there who have adjusted status successfully from a tourist visa, even though it is technically against the law. A couple of friends of mine did this- not having done much research before the decision to marry on one of his visits to the US from Ireland. But, like I said, I do not recommend it.

I fully believe in following proper legal channels with the k-1 and stand by the decision to go this route. Enough so, that I even recommended that the OP find an alternate birth partner in case her fiance/boyfriend does not get his k-1 in time substantiates this, in addition to mentioning that the fiance could face stiff fines and deportation. I certainly thought that was enough of a statement to discourage someone from following this route.

Sorry if you thought otherwise, but nontheless, I see no need for you to inlude rudeness and profanity in your reply.

Regards,
Beth