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Author Topic: K1 visa - overview of process  (Read 731 times)

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Offline milkchaser

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K1 visa - overview of process
« on: May 20, 2020, 07:29:19 PM »
I have Ukrainian friends living in the US (permanently). Their son has met a US woman and they need information on getting a K-1 visa.

21 years ago, I used this site for advice on securing my wife's visa (married 20 years last month, thank you very much). Is there a good website I can show my friends specifically to help them navigate the K-1 process?

Online Faux Pas

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Re: K1 visa - overview of process
« Reply #1 on: May 20, 2020, 07:59:41 PM »
visajourney.com has been the most helpful and comprehensive site bar none. There's a lot of information there which means you have to wade through a lot to find what exactly you're looking for. If you have more a specific question many folks here might possibly answer for you

Offline milkchaser

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Re: K1 visa - overview of process
« Reply #2 on: May 20, 2020, 08:11:24 PM »
Thanks. I also found the FAQ here on this site.

No particular questions at this time. Just looking for an overview to get them started.

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Re: K1 visa - overview of process
« Reply #3 on: May 20, 2020, 08:28:04 PM »
Thanks. I also found the FAQ here on this site.

No particular questions at this time. Just looking for an overview to get them started.

NP. Visajourney is good but there is also a treasure trove here as well. Throw it on the wall and see what sticks  ;D

Online BillyB

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Re: K1 visa - overview of process
« Reply #4 on: May 20, 2020, 10:11:59 PM »
Their son has met a US woman and they need information on getting a K-1 visa.


Welcome to the forum. Did they meet in the States or in Ukraine? If in the States, is he here now or back home?
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Offline milkchaser

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Re: K1 visa - overview of process
« Reply #5 on: May 21, 2020, 12:08:55 AM »
They met while he was visiting his parents here in US. He is back in Ukraine now.

I do not know what documentation they have of their relationship. Presumably they'll have emails, maybe chat logs or Skype logs. If they were smart they would have taken photos together while he was here. Otherwise, she may need to visit Ukraine and have photos taken there. She probably should do that anyway just to get an idea of what Ukrainian life is like.

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Re: K1 visa - overview of process
« Reply #6 on: May 21, 2020, 07:55:27 AM »
They met while he was visiting his parents here in US. He is back in Ukraine now.

I do not know what documentation they have of their relationship. Presumably they'll have emails, maybe chat logs or Skype logs. If they were smart they would have taken photos together while he was here. Otherwise, she may need to visit Ukraine and have photos taken there.


It's important to have evidence of photos and communications.


She probably should do that anyway just to get an idea of what Ukrainian life is like.


It's a great idea for her to go and see what Ukrainian life is like. Of course there's the pandemic concerns so that plan may have to wait. Does his visa allow him to re-enter America? There are temporary restrictions on foreigners entering America during this pandemic but when and if the Ukrainian man is allowed to come back to America, he and his American fiancée can marry here and they can apply for a green card for him right away and he won't need to go back to Ukraine while waiting for his green card. This is the fastest way they can be together.
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Re: K1 visa - overview of process
« Reply #7 on: May 21, 2020, 09:27:49 AM »
The parents can apply for an immigrant visa for their son. Are they us citizens?

Online 2tallbill

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K1 visa - overview of process
« Reply #8 on: May 21, 2020, 03:52:06 PM »
They met while he was visiting his parents here in US. He is back in Ukraine now.

Are they Engaged?

If they aren't engaged, they are just friends and he could come
back and visit his friend. Should romance suddenly develop he
could in theory drop down on one knee and propose. Then also
in theory they could zip down to Las Vegas and get married.

Once a couple is married his new wife could petition for adjustment
of status.


NOTE: If they are already engaged then that's not what you
are supposed to do! You are supposed to apply for a fiance visa and
as others said,  visajourney.com is the best site with information
on doing that.

The USCIS seriously frowns on gaming the system or attempting to
game the system so don't do it. 

I also highly recommend that they do their due diligence before
they ever get engaged. They should know each other inside and
out. If she doesn't know thirty things that pisses him off then
they shouldn't be engaged and have no business getting
married.

List of things they should know before getting engaged
1.  What goes in the refrigerator vs the cupboards
2.  Do you ever eat bacon raw?!!!? 
3.  Does any animal ever belong on the bed.
4.  Children, how are they raised?
5.  What type of punishments for children.
6.  What happens when an ex crosses your path.
7.  Do you spank kids?
8.  Who does what with child discipline.
9.  What do we do if Mamma gets sick
10. Do we send money back to __________ (person not in the USA) 
11. Do we go to church? Which church? How often? Do we raise the
kids in that church? Do we fast? Do we have sex during the fast?
12. Do children ever sleep in bed with us?
13. What roles do you do in a marriage? What roles do you expect
me to do? Breast feeding da ili nyet?
14. Baring cancer and chemo will your hair ever be shorter than
your bra strap? 
15. If we get into a big argument what are the rules of engagement?
16. What things are off limits?
17. What if I feel like having sex and you don't? What about the other
way around?
18. What about your levels of privacy?
19. What temperature in the car, in the house, before sleeping, etc?
20. How do we handle money
21. Who pays the bills how much of your income/my income goes
towards bills. Do we pool the money or keep it separate?
22. How much do we save for _____________ (name of something here)
23. How often do we go on vacation per year?
24. Will you want to take a month off and visit Russia every year?
25. What are your career/employment/earning prospects?
26. Can people understand your English with your accent?
27. How much driving experience do you have?
28. What are your household/domestic skills?

These are just off the top of my head. If they parted knowing all of
this and more already then they are ready, if not they should meet
again and again until this is all ironed out. ONLY then should they
get engaged (in my opinion).


Udachi!

Bill





FSUW are not for entry level daters
FSUW don't do vague
FSUW like a man of action. Be a man of action 
If you find a promising girl, get your butt on a plane.
There are a hundred ways to be successful and a thousand ways to f#ck it up
Kiss the girl, don't ask her first.

Offline milkchaser

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Re: K1 visa - overview of process
« Reply #9 on: May 22, 2020, 08:23:45 AM »
Bill, that is an excellent list of questions. Some of them are kind of trivial, but sometimes it's the trivial things that drive us batty. :)

Offline milkchaser

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Re: K1 visa - overview of process
« Reply #10 on: May 22, 2020, 08:24:37 AM »
The parents can apply for an immigrant visa for their son. Are they us citizens?

They are not yet US citizens.

Offline SteveInBoston

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Re: K1 visa - overview of process
« Reply #11 on: May 22, 2020, 01:06:56 PM »
Biil's list is great for two people to have a genuine relationship, and I would highly recommend the two get to know each other.

For the actual K-1 visa requirements, it's pretty simple:

  - The petitioner (US woman) has to be a citizen, which I assume she is? 
  - They have to have met in person within the last two years, and provide evidence of it.  His plane tickets and more importantly, his entry stamp in his passport.  A few photos together as well.
  - Need to state how they met and their intention to marry each other.
  - No red flags in the criminal background checks of both parties.  First, USCIS will check the petitioner's background.  Then the US Embassy will check the beneficiary's background.
  - Neither party have to have met via a marriage broker.  If they did meet a marriage broker, then they need to show some documents that both parties understood the regulations regarding marriage brokers and gave consent to meet.
  - She will need to submit income evidence of being able to support her fiance.  If not, she will need a co sponsor to show sufficient income.

Please be aware of the downsides of a fiance visa:

 - It is more expensive than the spouse visa, with the adjustment of status (AOS) fees.
 - Your friend's son will not be able to work until his adjustment of status is approved, or he gets a temporary EAD card.  This takes about 6 months or so from the filing date of the AOS. 
 - He will not be able to travel outside the US until the AOS is approved, or he gets the advanced parole card (AP), which takes about 6 months from filing the AOS.

 - Current process of K1 visa is about 9-12 months total.  Current process of spouse visa is about 9-18 months total.

 - Spouse visa will allow him to work and travel right away.  Upon entry to the US, he is given green card status.  The actual green card takes a few weeks to arrive by mail.

Downside to the spouse visa is that the two actually need to be married, and the petition requires more evidence of bona fide relationship, like having joint bank accounts, both names on leases, etc.  The fiance visa allows him to spend 3 months in the US to see if they actually want to go ahead with the marriage.


Offline ML

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Re: K1 visa - overview of process
« Reply #12 on: May 22, 2020, 02:20:35 PM »
The parents can apply for an immigrant visa for their son. Are they us citizens?

If the son is 'aged out,' which I presume he is, the wait list is 10 or more years long.
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Offline SteveInBoston

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Re: K1 visa - overview of process
« Reply #13 on: May 22, 2020, 06:48:41 PM »
but when and if the Ukrainian man is allowed to come back to America, he and his American fiancée can marry here and they can apply for a green card for him right away and he won't need to go back to Ukraine while waiting for his green card. This is the fastest way they can be together.

This is immigration fraud.  Planning to visit on a non-immigrant visa with intent to immigrate by marrying and adjusting status.  Check Visajourney website for more information.

It is fine for him to visit, get married, and return to Ukraine to wait out the spouse visa process.  But it is not ok to stay here and adjust status.

Online BillyB

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Re: K1 visa - overview of process
« Reply #14 on: May 22, 2020, 07:57:07 PM »
This is immigration fraud.


It's not immigration fraud. The guy came here on a visa and went home. He used the visa for what it was intended for. He and an American citizen fell in love. If he comes back and they marry in the States and stay here following government guidelines for AOS, it's their right. My wife, an American citizen' AOS her mother who was here on a tourist visa. We are not in jail and our government gave her mom a green card.


But it is not ok to stay here and adjust status.


Our government gives American citizens the right to marry in America and adjust status right away. You can find these kind of answers on immigration attorney websites. If the two people in love want to be together right away and the non citizen's visa allows him to enter America again, marrying in the States is the fastest way and there is no waiting overseas.

http://www.alllaw.com/articles/nolo/us-immigration/can-you-get-married-visitor-visa.html

http://www.boundless.com/immigration-resources/adjustment-status-process-explained/
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Online 2tallbill

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Re: K1 visa - overview of process
« Reply #15 on: May 22, 2020, 09:45:37 PM »
Bill, that is an excellent list of questions. Some of them are kind of trivial, but sometimes it's the trivial things that drive us batty. :)

I've seen people get divorced because they didn't have conversations
that they should have before they got engaged an married. Having those
conversations won't stop two people from having a divorce but knowing
opinion of your future wife/husband on things big or small before getting
married is a good idea.

I met my wife 4 times in Russia and she met me twice in my country. 

My advice for any couple, but especially for a couple from different
countries is to meet many times. 


FSUW are not for entry level daters
FSUW don't do vague
FSUW like a man of action. Be a man of action 
If you find a promising girl, get your butt on a plane.
There are a hundred ways to be successful and a thousand ways to f#ck it up
Kiss the girl, don't ask her first.

Offline SteveInBoston

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Re: K1 visa - overview of process
« Reply #16 on: May 23, 2020, 03:52:42 AM »
It's not immigration fraud. The guy came here on a visa and went home. He used the visa for what it was intended for. He and an American citizen fell in love. If he comes back and they marry in the States and stay here following government guidelines for AOS, it's their right. My wife, an American citizen' AOS her mother who was here on a tourist visa. We are not in jail and our government gave her mom a green card.


Our government gives American citizens the right to marry in America and adjust status right away. You can find these kind of answers on immigration attorney websites. If the two people in love want to be together right away and the non citizen's visa allows him to enter America again, marrying in the States is the fastest way and there is no waiting overseas.

http://www.alllaw.com/articles/nolo/us-immigration/can-you-get-married-visitor-visa.html

http://www.boundless.com/immigration-resources/adjustment-status-process-explained/

Please stop.  All the links specifically goes against what you are saying.

If the son met the US woman and they decided then to get married, then it is allowed for the son to adjust status and remain in the US.  It is because he had non immigration intent when he arrived in the US, but unforeseen circumstances (by chance meeting the woman) caused him to change his plans.

But now that he has already met her, he cannot use a non immigrant visa (B2, student, etc) to come, marry and adjust his status.  Because he had immigrant intent when using his non immigrant visa.

Quote

Nonimmigrant Intent
When applying for most nonimmigrant visas, the foreign national makes a promise to the U.S. government that he/she will return to the home country after the purpose of the visa has been fulfilled. The visa is tied to a specific short-term purpose. Examples of short-term activities are tourism, business, education, and some employment. Nonimmigrant intent means that the visa holder does not plan (and is not authorized) to stay permanently in the United States.

For a B2 visa, the purpose is leisure travel. For an F-1 visa, the purpose is studying in the United States. Both must depart before the stated Admit Until Date or the purpose of the visa is complete (whichever comes first).

Common Visa Types That Do Not Permit Immigrant Intent:
B, F, J, M, Q, TN and visa waiver program visitors
 
In fact, there is a presumption of immigrant intent in U.S. immigration law. There is a burden of proof for nonimmigrant visa applicants to show they have sufficient ties to their home country that will compel them to leave the U.S. after the temporary stay. Many visitors may have had to provide evidence of ties to their home country in the visa interview.

Bottom line, most nonimmigrant visa types (and visa waiver program visitors) are not allowed to come to the United States with the intent to adjust status to permanent resident.

Exceptions
This isn’t to say that everyone with a nonimmigrant visa will be denied an adjustment of status to permanent resident. There are exceptions and immigration officers do have discretion to make a decision in each case.

There are certain types of nonimmigrant visas with a dual intent. They allow the foreign national to enter the U.S. on a temporary basis but retain the option to adjust status to a permanent resident at some point in the future. One of the most common is the K-1 visa. K-1 fiancés may enter the U.S. for the purpose of marrying the U.S. citizen who sponsored the K-1. The K-1 may then adjust status within 90 days of entering.

Common Visa Types That Allow Immigrant Intent:
E, H, K, L, O and P visas
 
For other nonimmigrant visa holders, they may have arrived in the U.S. with every intent to return home but circumstances changed. A tourist might fall in love with an American and decide to have an impromptu wedding. A visiting parent may have fallen ill and decide that staying in the U.S. under the care of a son or daughter is important. There are legitimate reasons for changing one’s intentions during the trip. There was no preconceived intent to adjust status, but life introduced new circumstances that changed intentions.

90-Day Rule
Immigration officers do have guidelines to make these judgement calls. The U.S. Department of State uses a 90-day rule that presumes visa abuse if one of these visa holders attempts to change status within 90 days of entering the United States. Therefore, many attorneys advise their clients not to file Form I-485 less than 90 days after arriving in the United States.

Did you know minor mistakes on your Form I-485 application can cause costly delays and rejections? Prepare your I-485 quickly and correctly with CitizenPath. The attorney-reviewed software guides you through the application and provides help to answer questions like this one. And personalized filing instructions help you to file your application today knowing that you did everything right! No credit card or signup required to try it. Get started now >>
 

Consequences of Preconceived Intent
Before entering the the United States, a foreign national will generally be inspected at the port of entry by a Customs and Border Protection (CBP) officer. One of the first questions will likely be, “what is the purpose of your trip to the United States?” CBP officers are trained to detect visa abuse. There will be increased scrutiny if they know that the foreign visitor has a spouse in the United States. If the CBP officer believes the visitor is lying, the visitor could be placed into expedited removal (deportation) proceedings and then barred from the U.S. for three years.

Even if the foreign national successfully enters the United States, there are additional dangers when filing Form I-485. USCIS officials can review the entry to determine that it was consistent with the terms of the nonimmigrant visa. During the application process or adjustment of status interview, the foreign national may unknowingly disclose information that puts them in jeopardy. If the USCIS officer comes to the conclusion that there was fraud or misrepresentation, they will deny the I-485 application. But that’s not the worst of it.

Misrepresentation is a permanent bar. In other words, this foreign national may never be able to immigrate to the United States in the future.

Adjustment of Status Examples
The following hypothetical scenarios provide examples of cases in which the foreign national entered the United States on a nonimmigrant visa but is still eligible to adjust status.

Example 1
A British national is visiting friends in the United States through the Visa Waiver Program. During her trip she meets an American, and they spontaneously decide to get married. She entered the U.S. with the intent to spend time with friends. She had no preconceived intent to get married and immigrate, so she has not violated the terms of the VWP.

Example 2
A Chinese national enters the United States on a B-2 visa to see her daughter and grandchildren. During the visit, her health deteriorates, and her daughter convinces her to stay in the United States. They decide to file an adjustment of status application so that she can stay in the U.S. with the daughter’s family. There was no preformed immigrant intent when the Chinese national entered.

Example 3
An Indian national comes to the U.S. to study through an F-1 visa. During the course of his studies, he meets a U.S. citizen, and they eventually fall in love. After his graduation, the terms of his student visa require that he return to India. The couple decides to get married so that he can adjust status to permanent resident. In this example, the Indian national always used his visa properly, and didn’t plan to immigrate when entering the U.S.

The foreign national did not have preconceived intent in each of these examples. In other words, they did not seek permanent residency until after coming to the United States. Their circumstances changed during the course of the visit.
[/size]

Just because your mother-in-law got away with it does not make it legal.  Even if USCIS only catches 1% of those who do this, I would not advise that risk to anyone.

The consequences is deportation and a 10 year or permanent ban.


Offline milkchaser

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Re: K1 visa - overview of process
« Reply #17 on: May 23, 2020, 07:46:27 AM »
As of right now, all travel from Ukraine is blocked anyway due to the pandemic. Thus there is going to be a delay anyway. His fiance might as well apply for K-1 visa now and they can wait it out.

Offline ML

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Re: K1 visa - overview of process
« Reply #18 on: May 23, 2020, 07:59:32 AM »
Note:  Billy and Steve are both correct.

Steve is correct in that it is Visa fraud when a person comes into USA on a visitor's visa (or student or work visa) with the intent to marry a USA citizen and apply for adjustment of status.

Billy is correct that this is done all the time and the USA government has done little to prosecute or deny
AOS to those who commit this type of fraud.

The concept in question is 'intent' which is difficult to prove.
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Re: K1 visa - overview of process
« Reply #19 on: May 23, 2020, 08:15:31 AM »
As of right now, all travel from Ukraine is blocked anyway due to the pandemic. Thus there is going to be a delay anyway. His fiance might as well apply for K-1 visa now and they can wait it out.

I'm not as familiar with the visa process as I once was but, I can say with a fairly degree of confidence, that the fact he did return without incident is going to help and ease his return should he decide to do so. What kind of visitor visa did he have?

If it was a one-time 30 day, he'll have to apply again but will be looked upon favorably for another visitation visa.  3 or 5 year he won't need to reapply. He can then visit as much as he wishes, get married and apply for AOS anytime in the process that he wishes. She can apply for a spousal anytime that he's back in UA. The rules and policies are very vague and I believe that is on purpose. As long as he doesn't violate the terms as in "overstay" there is a lot of wiggle room. If they apply for a K1 he'll need to be in UA but they will have to prove a relationship

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Re: K1 visa - overview of process
« Reply #20 on: May 23, 2020, 08:48:33 AM »
Billy is correct that this is done all the time and the USA government has done little to prosecute or deny
AOS to those who commit this type of fraud.

The concept in question is 'intent' which is difficult to prove.


There was no intent for the Ukrainian man to violate his visa. He came here on a visa and went home. Even if he married on that visa the first time he arrived, it's best to marry 90 days after arrival so it doesn't set off alarms.

Not many people know about AOS while in the USA on a non immigrant visa. When they do learn about it, it scares them because of the warnings and the fact the foreigner has to overstay their visa but our government says it's legal to do while AOS paperwork is filed. This can be done without an immigration attorney but some people may feel this is too complicated or too scary so they'll pay for one.

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