Is this possible?

[oceanshark]

 

we are working on a K1 visa. she is in china. is it easier if she gets a visa to visit USA and then get married here? please advise...thanks..todd

[dnoblett]

 

 

we are working on a K1 visa. she is in china. is it easier if she gets a visa to visit USA and then get married here? please advise...thanks..todd

That's what the K-1 is for.

 

But yes some visit and marry, however visiting on a visitor's visa with the INTENT to marry and then immigrate is VISA FRAUD and CAN result in a denied green-card and deportation if the interviewing officer suspects that was the intent.

 

Could always visit, marry, then return home and file for a spousal visa.

 

I know of college students that were in the USA on a student visa studying, they fall for someone marry and adjust status, their INTENT was to study and was not to immigrate, this has much less of a chance of a denial than a common visitor adjusting status.

Edited October 30, 2010 by dnoblett (see edit history)

[amberjack1234]

 

we are working on a K1 visa. she is in china. is it easier if she gets a visa to visit USA and then get married here? please advise...thanks..todd

Already been answered.

 

Larry

Edited October 30, 2010 by amberjack1234 (see edit history)

[amberjack1234]

 

 

we are working on a K1 visa. she is in china. is it easier if she gets a visa to visit USA and then get married here? please advise...thanks..todd

That's what the K-1 is for.

 

But yes some visit and marry, however visiting on a visitor's visa with the INTENT to marry and then immigrate is VISA FRAUD and CAN result in a denied green-card and deportation if the interviewing officer suspects that was the intent.

 

Could always visit, marry, then return home and file for a spousal visa.

 

I know of college students that were in the USA on a student visa studying, they fall for someone marry and adjust status, their INTENT was to study and was not to immigrate, this has much less of a chance of a denial than a common visitor adjusting status.

Also some have come to the US on a business visa for up to a year and fell in love with an American and gotten married. This will also fall under suspicion but is not illegal.

 

Larry

[Lee VD]

Also note that getting a visitor visa is very difficult, for this very reason many try. If she has a prior visit to the U.S., getting a visitor visa is pretty easy, but without a prior or a business/student reason to have a visa it won't happen. China has complained to the U.S. that their people would like to tour U.S. more, so be more generous with the visas, but it hasn't been happening.

 

One trick may be to sign up for a U.S. tour through a tour group. That can probably help get a visitor visa if the tour group coordinates it, then future visits and renewals are easier. They may think if she is going to put up the money for a tour she must be planning to come back. Also the tour group will keep close tabs and make sure everyone comes back or they may lose the ability to be an agent to submit visas apps. So you go on the tour with her and then she can come back on the visa another time.

 

It was so hard on each visit to see her with a 6 month I-94 and to send her back home to work after 2 weeks! We had to burn off her J-1 2yr HRR anyway, but it ended up not being an issue from what we can tell, hah! Might have gotten caught in GC interview anyway, so probably good we burned off the 2yr legally. The irony is that she will probably come to the U.S. right after her 2yr has been officially fulfilled. I wonder if the delay in sending the visa is to get past the official 11/11 end of the 2yr HRR if GUZ was so smart as to calculate it all out (doubt it). She actually called Mr Yang about some other help and they talked about it and he said he has seen a few J1's but they are so rare he said the consulate never cared about it, so not to worry.

 

One time she did come in for business reasons and they wrote B2 on her passport stamp and only gave her one week on the I-94. Every other B1 visit she got the standard 6 months.