Cancel K and CR-1 and get a Business visa

[Jerry]

What do you guys think? Just cancel your k and cr-1 visas. Get her over on a business visa and get married in the States. My brother did it. However, what are the implications. Plus, my wife has come to the US twice on business visas. Can immigration lawyers take care of the rest once she is in the States?

[Eric&Yuhui]

What do you guys think?  Just cancel your k and cr-1 visas.  Get her over on a business visa and get married in the States.  My brother did it.  However, what are the implications.  Plus, my wife has come to the US twice on business visas.  Can immigration lawyers take care of the rest once she is in the States?

Legitimate question, I'll try to respond.

 

An alien who obtains a legal entrance to the US can marry a USC, file for AOS and remain while it is pending. There is at least one exception for certain student visas that require a two-year stay outside the US after completing their study.

 

There are a number of risks, but many of these 'spur of the moment' marriages and subsequent status adjustments are successful. But, there is a risk.

 

First is whether anything was said, and recorded, at entry that was untruthful regarding the intent of the trip. If someone who had the intent to come to the US, get married and stay was asked and said "no", that statement could be construed as visa fraud and prevent the adjustment of status.

 

An alien could have a medical or background (criminal or otherwise) that would bar them from staying in the US. You could end up married to someone who couldn't live here.

 

Finally, questions #28 through #31 on the DS-156 ask if you have ever been issued a visa, refused a visa, had a visa revoked or if anyone applied for an immigrant visa on your behalf. Cancelling a K-1, K-3, CR-1 or IR-1 and filing for a different category would be very difficult to get for a Chinese national.

 

For someone who never started the fiancee or spousal visa process they might get luckier in obtaining one of the other types. The fact is, however, that tourist visa are next to impossible to get and business visas takes support from a Chinese or American company. If the INS officer adjudicating the adjustment smells a sham offer from an American company, they can go after the company for visa fraud as well as the applicant. This is serious business.

 

Still, this has been done although I am not aware of anyone from China. I suppose the least 'bad' consequence is spending 6 months playing it out to be refused and then filing the I-129F.

 

Do a google search on the alt.visa_marriage usenet and you will find a lot of discussion on this topic.

 

-Don H

Don... Well said.. You must be an immigration attorney

I agree.. BIG risks I think...

 

Say Don,, by the way.. I have this tiny visa problem How much?? I can afford 40 Millions Turkish Lira /Hr for results...

[Mick]

40 Million Turkish Lira, huh? Can Don buy a Snickers bar with that? B)

[Eric&Yuhui]

40 Million Turkish Lira, huh? Can Don buy a Snickers bar with that?     B)

yeah mick !! At the current rate, he can buy 25 bars :-)

[Jerry]

Thanks a lot for the replies. Here is an account of what my sister in law did. She came on a business visa, which was not difficult at all to get if you have come to the states on business visa before. Once you have come to the US with a business visa, you don't even have to go to the consulate in Beijing to apply for one; just drop it off at a CITIC bank and they will take care of it.

 

Once she landed in the US, my brother (USC) and she got married and filed I-130. She got her green card in little over a year in Texas. Her case is a bit different from my wives because we have already filed for I-130 and F-129I which indicates the intent of immigration even if we cancel them now. So by all account, even if my wife obtaines a business visa and land in the US successfully, we will have a tough time at the INS interview for her green card.

 

Am I right or if anyone has anything to add or any experience or hearsays.

 

Thanks!

[tonado]

Thanks a lot for the replies.  Here is an account of what my sister in law did.  She came on a business visa, which was not difficult at all to get if you have come to the states on business visa before.  Once you have come to the US with a business visa, you don't even have to go to the consulate in Beijing to apply for one; just drop it off at a CITIC bank and they will take care of it. 

 

Once she landed in the US, my brother (USC) and she got married and filed I-130.  She got her green card in little over a year in Texas.  Her case is a bit different from my wives because we have already filed for I-130 and F-129I which indicates the intent of immigration even if we cancel them now.  So by all account, even if my wife obtaines a business visa and land in the US successfully, we will have a tough time at the INS interview for her green card.

 

Am I right or if anyone has anything to add or any experience or hearsays.

 

Thanks!

I think it is even harder to get a tourist visa now that a year ago (because of 9/11 aftermath).

[Jerry]

Here I specifically mentioned "business visa" which is not hard to get if you have prior travel record to the US. My wife has come to states twice on business. Understandably, tourist visa will be more difficult to obtain without prior travel record to the US.