File For K1 Or Not ?

[SKORPiO]

Hello everyone. I hope someone can help me with my little dilemma.

I am leaving to Thailand next month for my wedding. My original plan was to apply for K1 visa for my girl and officially marry here in US and change her status. I do not want to go to amphur and legalize this marriage while in Thailand. I have my application already filled out with all supporting evidence. I know her for 10 years and we have visited each other few times. However, she has R A1, A2 business/pleasure visa valid for 10 years sponsored by the corporation she works for in Bangkok. When she visited me last time, her stamp was only valid for 2.5 months. Almost everyone tells me to forget about K1 visa and for her to come to US and marry here, but I'm afraid that this route might not go well with immigration officer who will handle the change of status. Our plan is for her to move to US in April/May of next year so the so the time frame has no relevance.

What should I do?

Send out K1 and risk her business visa to be suspended or just wait until April, have her travel here on business visa and marry here.

Is it true that from the time she enters US on either visa, her immigration proceedings are the same? ie: change status, apply for SS and so on...

How soon can she apply for SS and drivers license here? Is it right after the change of status request?

I really do not want to put her in any additional stress caused by doing something illegal. I have read articles online that it can get to the situation where she might be deported from US if we will file for Adjustment of Status. Any advice would be greatly appreciated. Thank You.

ps: she is a Thai national and I am naturalized US citizen.

[rfukata]

Hello everyone. I hope someone can help me with my little dilemma.

I am leaving to Thailand next month for my wedding. My original plan was to apply for K1 visa for my girl and officially marry here in US and change her status. I do not want to go to amphur and legalize this marriage while in Thailand. I have my application already filled out with all supporting evidence. I know her for 10 years and we have visited each other few times. However, she has R A1, A2 business/pleasure visa valid for 10 years sponsored by the corporation she works for in Bangkok. When she visited me last time, her stamp was only valid for 2.5 months. Almost everyone tells me to forget about K1 visa and for her to come to US and marry here, but I'm afraid that this route might not go well with immigration officer who will handle the change of status. Our plan is for her to move to US in April/May of next year so the so the time frame has no relevance.

What should I do?

Send out K1 and risk her business visa to be suspended or just wait until April, have her travel here on business visa and marry here.

Is it true that from the time she enters US on either visa, her immigration proceedings are the same? ie: change status, apply for SS and so on...

How soon can she apply for SS and drivers license here? Is it right after the change of status request?

I really do not want to put her in any additional stress caused by doing something illegal. I have read articles online that it can get to the situation where she might be deported from US if we will file for Adjustment of Status. Any advice would be greatly appreciated. Thank You.

ps: she is a Thai national and I am naturalized US citizen.

As you stated above 'Send out K1 and risk her business visa to be suspended' until K1 is approved is most likely the scenario.

I am not making any suggestions or recommendations for your actions but I have applied on a K1 and K3 applications

in which both take at least 6 - 8 months to process.

Through my observations (in US) I have seen many couples like yourself Marry in the US, file for an Adjustment of Status.

The only thing is, your partner will not be able to depart the US until/while her paperwork of Adjustment or CR is completed.

The risk of deportation is always there, however, if you have compelling proof and affidavits to support your marriage things

should be alright. I have seen situations whereas the marriage is falsified or (Contract Marriage) normally paid by the

person or persons who wish to reside in the US. Under these circumstances, you will be on deport list.

The SS number can be applied at the nearest SS admin office once you get the okay from Immigration & Naturalization. During the

process you will be given a application (nominal fee) for your partner in which enables employment in US.

check out the INS office in the US for information and forms pertaining to residency.

[shawndoc]

Also ask this over at visajourney.com. Lots of people going through the same thing.

[DirectorIntegrityLegal]

Although it seems tempting to use a non-immigrant visa for the purpose of entering the country, marrying, and adjusting status. You should be advised that this could be construed as legally constituting immigration fraud if the initial visa used does not allow for dual intent. Although adjustment is possible on a non-immigrant visa, USCIS heavily scrutinizes such applications and there could be negative consequences for traveling to the USA on a non-immigrant visa with undisclosed immigrant intent.

Although the processing time is longer, it is always best to be honest and use the proper visa.

Best of Luck,

Ben Hart

US Immigration Attorney

Integrity Legal

[flying]

100% legal if you do not have preconceived notion to marry.

I know it sounds like a contradiction in this case but....

There is no law that says she cannot come & while here you folks decide to marry & adjust status.

But.......She should remain for the process. Which depending on load of the area your in can take a good 6-9 months.If she files for amnesty early parole there is a good chance she will be seen as abandoning the petition to adjust. Although a valid reason such as sickness back home pf parents etc has been accepted.

I personally got married & adjusted my wife's status this way. She came & had a 6 month stamp. Our intention was to file K1 & go back to Thailand to wait it out & then return & marry. When asking the local immigration office for the papers we were told that if we were now decided to marry we could just do it & adjust since it was obvious we did not preconceive it. As evidenced by our asking to start a K1.

So we did just that. It was a small inconvenience since we did not plan to & left our business sitting in Thailand for almost a year because we waited for the adjustment of status to complete.

But in the end it was nice as we had time to visit & she could move about the US no problem. Also as for any threat to other visa's no matter since she has a green card now & a SS# she is free to come & go without her previous visa. We have been back & forth a few times already.