[Get_the_Lead_Out]

Location: West Virginia

We were married last September. Marriage license and marriage certificate recorded in courthouse.

K1 VISA

State has constitutional carry. Can she legally carry a firearm for self defense?

Opinions of the hive mind?

 

[Abby'sDad]

Whatever state you live in, call a lawyer and ask; at the very least ask gary Snyder, owner of handgunlaw.us

 

[Get_the_Lead_Out]

Thanks. Bought her a gun but she hasn't carried it yet.

 

[1av8r]

From my understanding about WV law, yes. Note: I am not a lawyer. Contact your Attorney General’s office. Has she filed for her green card, yet?

 

[stuartg74]

I would think as long as she is an American citizen there would be no problem.
But I would check further with the laws in your state.

8/19/42

 

[Tiran]

Constitutions generally apply to everyone.

This says citizens AND legal residents:

https://ago.wv.gov/gunreciprocity/Documents/On%20The%20Mark.pdf

 

[BravoEchoSierra]

I would ask a lot of questions before I let her carry. You would not want to jeopardize her citizenship process with a gun law violation.
While we let all the folks from Mexico and Central America, in our south door with no questions ask, they would probably try and make an example out of her for the smallest violation, especially one that involves a gun.
It would be my belief that she could potentially be deported, in spite of her marital status until her citizenship in finalized.
No expert here, just an overly cautious person..

 

[ChattanoogaPhil]

CONSTITUTIONAL CARRY & CONCEALED HANDGUN LICENSES

West Virginia recognizes the right of persons who are 21 years of age or older, not prohibited by state or federal law from possessing a firearm, and United States citizens or legal residents thereof to carry a concealed weapon within the state without first obtaining a concealed handgun license (“CHL”). This is commonly known as “constitutional carry.” Although West Virginia is a constitutional carry state, an optional CHL may still be obtained by those persons who are residents of West Virginia and desire the benefit of obtaining such license. Also, for qualified non-prohibited persons who are least 18 years of age and less than 21 years of age, state law allows for a provisional CHL as a lawful means to carry concealed handguns. These licenses are more fully explained below.


More here: https://ago.wv.gov/gunreciprocity/Documents/On The Mark.pdf

 

[mrerick]

Being in the Uinted States on a K1 Visa is different than being here as a Permanent Resident or Citizen.

Nonimmigrant Visa for a Fianc(é)e (K-1)

travel.state.gov

If you have completed your marriage (civil paperwork), your new wife should transition from her K1 Visa.

Overview: What Is a K-1 Visa?

The fiancé(e) K-1 nonimmigrant visa is for the foreign-citizen fiancé(e) of a United States (U.S.) citizen. The K-1 visa permits the foreign-citizen fiancé(e) to travel to the United States and marry his or her U.S. citizen sponsor within 90 days of arrival. The foreign-citizen will then apply for adjustment of status to a permanent resident (LPR) with the Department of Homeland Security (DHS), U.S. Citizenship and Immigration Services (USCIS). Because a fiancé(e) visa permits the holder to immigrate to the U.S. and marry a U.S. citizen shortly after arrival in the United States, the fiancé(e) must meet some of the requirements of an immigrant visa.

After your marriage, you should be applying for a Permanent Resident (Green Card) status.

Once you have the permanent resident status, you most likely comply with West Virginia's requirements for permitless concealed carry as well as legal requirements for firearms possession.

It may not be legally possible for you to transfer a handgun to her until she has reached this status either. You have to be careful to avoid straw purchase laws as well in which you fill out a 4473 as if buying the gun for yourself, and then immediately transfer the firearm to someone else. Some states also require transfer of a handgun formally through a FFL, or via a purchase permit, It would be best to check on West Virginia law to see if you have encountered any issues.

If you are working with a lawyer on making the transition from your wife's K1 to Green Card, I would recommend discussing all this with that attorney.

 

[Tiran]

Being in the Uinted States on a K1 Visa is different than being here as a Permanent Resident or Citizen.

Nonimmigrant Visa for a Fianc(é)e (K-1)

travel.state.gov

If you have completed your marriage (civil paperwork), your new wife should transition from her K1 Visa.

Overview: What Is a K-1 Visa?

The fiancé(e) K-1 nonimmigrant visa is for the foreign-citizen fiancé(e) of a United States (U.S.) citizen. The K-1 visa permits the foreign-citizen fiancé(e) to travel to the United States and marry his or her U.S. citizen sponsor within 90 days of arrival. The foreign-citizen will then apply for adjustment of status to a permanent resident (LPR) with the Department of Homeland Security (DHS), U.S. Citizenship and Immigration Services (USCIS). Because a fiancé(e) visa permits the holder to immigrate to the U.S. and marry a U.S. citizen shortly after arrival in the United States, the fiancé(e) must meet some of the requirements of an immigrant visa.

After your marriage, you should be applying for a Permanent Resident (Green Card) status.

Once you have the permanent resident status, you most likely comply with West Virginia's requirements for permitless concealed carry as well as legal requirements for firearms possession.

It may not be legally possible for you to transfer a handgun to her until she has reached this status either. You have to be careful to avoid straw purchase laws as well in which you fill out a 4473 as if buying the gun for yourself, and then immediately transfer the firearm to someone else. Some states also require transfer of a handgun formally through a FFL, or via a purchase permit, It would be best to check on West Virginia law to see if you have encountered any issues.

If you are working with a lawyer on making the transition from your wife's K1 to Green Card, I would recommend discussing all this with that attorney.

The law says "legal resident". Why are you bringing in work status? How is his wife not a "legal resident"?

And I'm not sure anyone even recognizes "transfer to your spouse" as a thing, since marital property is usually joint and almost all states allow you to loan a firearm in compliance with Federal law.

In other words, I can't imagine what anyone could be possibly be charged with if your non-illegal alien wife was carrying a gun you bought in your WV residency state.


I think we sometimes make the laws into boogeymen. They really aren't full of traps.

 

[1av8r]

The law says "legal resident". Why are you bringing in work status? How is his wife not a "legal resident"?

And I'm not sure anyone even recognizes "transfer to your spouse" as a thing, since marital property is usually joint and almost all states allow you to loan a firearm in compliance with Federal law.

In other words, I can't imagine what anyone could be possibly be charged with if your non-illegal alien wife was carrying a gun you bought in your WV residency state.


I think we sometimes make the laws into boogeymen. They really aren't full of traps.

Tiran, this is why I asked if she applied for her green card. The K1 is really a temp to allow her in to get married. A green card opens many more doors as a permanent legal resident.

 

[Tiran]

Tiran, this is why I asked if she applied for her green card. The K1 is really a temp to allow her in to get married. A green card opens many more doors as a permanent legal resident.

But the law doesn't make those distinctions. If you are a legal resident, you are legal resident. It might be temporary, but it is still legal. It is certainly not illegal residency.

Laws really are relatively easy to read and comply with - especially the ones that pertain to ordinary people doing normal stuff. This law is very specific - citizens and legal residents. No one can prosecute a legal resident for doing something allowed to legal residents because they actually didn't mean temporary legal residents. The judge would tear the DA a new one for that sort of unconvictable nonsense.

Same with possession. Except for states with a specific prohibition, any person not specifically prohibited from having a gun can buy one, rent one, borrow one or be gifted one. You can even borrow a gun and cross state lines with it.

It is actually incredibly difficult to get prosecuted for gun stuff unless you're selling a lot of them without an FFL, making unlicensed silencers or committing violent crimes. And you'll probably get a warning on the first one.


If I was that paranoid about my wife's visa status and thought guns were a problem, I would make sure that neither of us carried - because if I go to jail, she's loses her sponsor.

 

[mrerick]

I am not an immigration lawyer, but I don't believe that a K1 visa confers legal residency. It is a legal status for a visitor to the United States, but not residency status. That doesn't get conferred until the Green Card residency is issued.

Green Card Vs. Visa: What's the Difference?

If you've been looking to travel to or move to the United States, then you may be wondering what the difference is between a “green card” and “visa.” There is some overlap — green card holders usually enter the country using a visa, but not all visa holders have or will get a green card. Learn...

www.boundless.com

There is a difference between legally visiting the United States on a visa, and becoming a legal resident. AFAIK, visitors are not allowed to independently possess firearms.

In North Carolina, I recently helped change our law to permit Green Card holders to qualify for our CCH permits. Prior to this change, only citizens could qualify.

 

[Thewelshm]

Location: West Virginia

We were married last September. Marriage license and marriage certificate recorded in courthouse.

K1 VISA

State has constitutional carry. Can she legally carry a firearm for self defense?

Opinions of the hive mind?

As an immigrant myself it’s my understanding she can purchase and carry a firearm, the only thing she can’t do is vote...unless she is a Democrat, then there won’t be an issue..

Thewelshm

 

[mrerick]

Do you mean to do this on a visitor visa before you receive Green Card permanent resident status?

 

[Thewelshm]

Do you mean to do this on a visitor visa before you receive Green Card permanent resident status?

Mark is correct she has to have a permanent residence card.

Thewelshm

 

[1av8r]

But the law doesn't make those distinctions. If you are a legal resident, you are legal resident. It might be temporary, but it is still legal. It is certainly not illegal residency.

Laws really are relatively easy to read and comply with - especially the ones that pertain to ordinary people doing normal stuff. This law is very specific - citizens and legal residents. No one can prosecute a legal resident for doing something allowed to legal residents because they actually didn't mean temporary legal residents. The judge would tear the DA a new one for that sort of unconvictable nonsense.

Same with possession. Except for states with a specific prohibition, any person not specifically prohibited from having a gun can buy one, rent one, borrow one or be gifted one. You can even borrow a gun and cross state lines with it.

It is actually incredibly difficult to get prosecuted for gun stuff unless you're selling a lot of them without an FFL, making unlicensed silencers or committing violent crimes. And you'll probably get a warning on the first one.


If I was that paranoid about my wife's visa status and thought guns were a problem, I would make sure that neither of us carried - because if I go to jail, she's loses her sponsor.

Being in the country legally does not make you a resident. I was in Mexico for 3 weeks in March on a visitor visa. That did not make me a resident of Mexico. A K-1 visa is similar. It has a time limit of 90 days for a specific purpose. And, no. Laws are not necessarily easy to read and understand. If it was easy, we wouldn't have lawyers.

 

[Waidmann]

I can share an odd fact arising from an employee, an Australian who married an American under similar circumstances. He acquired a permanent resident alien i.d., good for 2 years. ATF would clear him. USDOT would not. 2 years later later come back with a really permanent status then you can get a commercial drivers license.

 

[Tiran]

Being in the country legally does not make you a resident. I was in Mexico for 3 weeks in March on a visitor visa. That did not make me a resident of Mexico. A K-1 visa is similar. It has a time limit of 90 days for a specific purpose. And, no. Laws are not necessarily easy to read and understand. If it was easy, we wouldn't have lawyers.

Spouses come over on CR-1 visas. CR stands for Conditional Resident, which is legal. So I don't know how you can have a visa that calls you a resident, be in full compliance with immigration law and not be a "Legal resident". It would be different if the WV law used specific terminology from Federal immigration law, but "Legal resident" isn't one of them.

 

[1av8r]

Spouses come over on CR-1 visas. CR stands for Conditional Resident, which is legal. So I don't know how you can have a visa that calls you a resident, be in full compliance with immigration law and not be a "Legal resident". It would be different if the WV law used specific terminology from Federal immigration law, but "Legal resident" isn't one of them.

She doesn’t have a CR-1. Stop trying to change the facts to fit your opinion. She didn’t come as a spouse. She came to become a spouse under a K1.

I’m done with this. It’s like arguing with a democrat.