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Guillermo Senmartin
Guillermo Senmartin, Attorney At Law
Category: US Law
Satisfied Customers: 124333
Experience:  Over 12+ years of experience in various areas of U.S. Law and 15+ years of experience in U.S. Immigration Law..
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Guillermo - thanks for the info below. I had been told that

Customer Question

Hi Guillermo - thanks for the info below. I had been told that once you lodge the K3 application you can enter the states but you can't leave - is that correct? Which means we don't need to be seperated but I would not be able to work or travel. Is that correct?SHould I enter on a visitor visa and then apply?
Submitted: 3 months ago.
Category: US Law
Expert:  Guillermo Senmartin replied 3 months ago.

Take a look at this link:

https://www.murthy.com/2017/09/21/306090-day-policy-revised-on-misrepresentation-and-preconceived-intent/

What is happening is that they are cracking down on people that are using ESTAs and visitor visas inappropriately when they have immigrant intent.

So no, I would not chance trying to enter as a visitor and then staying. The best bet, in my opinion, is to marry outside of the U.S. and do the CR-1 process. That way as soon as you enter, you automatically can work and travel and get your green card in the mail a few weeks after entry.

Let me know if you need anything else, but please do not forget that positive rating, or at least leave me a "Thank you" note. Thank you for your understanding!

Customer: replied 3 months ago.
But that means we have to wait for 6-9 months is that correct?
Expert:  Guillermo Senmartin replied 3 months ago.

Unfortunately, yes. That's the annoying thing about the process, but it is what it is. This new policy of slapping people with visa fraud has happened because people kept using the Visa Waiver or B visas as a short cut to get to the U.S. faster and not be separated. So don't risk it. If you are caught, one of three things can happen if they do not let you in:

a) They will allow you to withdraw your request to enter the U.S. and you can go home, no penalty.

b) They will not allow you to withdraw your request to enter the U.S. and will order you excluded. This has a 5 year penalty that you cannot come back unless you get a very hard to get waiver.

c) They will not allow you to withdraw your request to enter the U.S. and they catch you in a lie and they exclude you with a permanent bar due to fraud and/or misrepresentation and with that charge you cannot come back unless you get a very hard to get waiver.

So don't risk it. Let me know if you need anything else, but please do not forget that positive rating, or at least leave me a "Thank you" note. Thank you for your understanding!

Expert:  Guillermo Senmartin replied 3 months ago.

Hello. I'm just following up with you to see how everything is going. Did my answer help? If it did, please at least let me know by leaving me a brief message saying that it helped and you are satisfied with my service to you, like just write, "Thank you!". Thank you for you understanding!

Expert:  Guillermo Senmartin replied 3 months ago.

Thank you for your kindness and respect. All you had to do was say "Thank you!" to me and all would have been OK. It doesn't cost you anything extra to do so. Good luck to you anyway.