Jump to content
hunnybunny88

got married while waiting for k1 visa

By hunnybunny88 in Adjustment of Status from Work, Student, & Tourist Visas

 Share

56 posts in this topic

Recommended Posts

hunnybunny88 Newbie

hunnybunny88   0

Posted
Filed: K-1 Visa Country: Chile
 Timeline
Posted

Hi,

Back in January we started the K1 visa process, after many months of being apart I decided to visit my fiancee, so I went to the US with my old tourist visa. After a month we decided we could not be apart anymore so we got married. Now the problem is that we have no idea what to do next.

Do I have to leave the US? do I have to hire a lawyer, Am I going to be deported??

Thank you

Link to comment
Share on other sites
  • Replies 55
  • Created
  • Last Reply

Top Posters In This Topic

Popular Days

Top Posters In This Topic

Popular Days

Popular Posts

Fan_Dancer
Fan_Dancer

Cases like these make me mad.

MacUK
MacUK

Totally inaccurate, wether it's right or wrong the system allows people to have miraculous changes of mind the second after they get through POE. The AOS process allows people to stay in the US, it e

sma1488
sma1488

If you filed for the K-1 in January, you should have already received or been very close to receiving your NOA2. Now that you're married, however, you are no longer eligible for a K-1 and must refile

sma1488 Collaborator

sma1488   155

Posted
Filed: K-1 Visa Country: Brazil
 Timeline
Posted

If you filed for the K-1 in January, you should have already received or been very close to receiving your NOA2. Now that you're married, however, you are no longer eligible for a K-1 and must refile as a spouse of a US citizen.

Why didn't you research the immigration consequences before getting married?

Link to comment
Share on other sites
NikLR Grand Master

NikLR   13,220

Posted
Filed: Lift. Cond. (apr) Country: Canada
 Timeline
Posted

The USC spouse needs to cancel the I-129F and then you would follow the adjustment of status route.

You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

Link to comment
Share on other sites
Boiler Grand Master

Boiler   43,397

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

Why didn't you research the immigration consequences before getting married?

Does seem odd.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Link to comment
Share on other sites
JohnR! Grand Master

JohnR!   5,495

Posted
Filed: Country: Monaco
 Timeline
Posted

Hi,

Back in January we started the K1 visa process, after many months of being apart I decided to visit my fiancee, so I went to the US with my old tourist visa. After a month we decided we could not be apart anymore so we got married. Now the problem is that we have no idea what to do next.

Do I have to leave the US? do I have to hire a lawyer, Am I going to be deported??

Thank you

You don't need to leave the US, you don't [necessarily] need a lawyer and you won't be deported either.

The first step is to cancel the K-1 process. Have your wife cancel the K-1 petition. Once that is done you can start AOS process. Do not leave the US until you have your greencard. Get started on the K-1 cancelation immediately.

If you're unsure, set up an Infopass appointment so you can talk to someone in person.

Congrats and good luck.

200px-FSM_Logo.svg.png


www.ffrf.org




Link to comment
Share on other sites
blueniv Contributor

blueniv   5

Posted
Filed: AOS (apr) Country: Netherlands
 Timeline
Posted

Hi,

Back in January we started the K1 visa process, after many months of being apart I decided to visit my fiancee, so I went to the US with my old tourist visa. After a month we decided we could not be apart anymore so we got married. Now the problem is that we have no idea what to do next.

Do I have to leave the US? do I have to hire a lawyer, Am I going to be deported??

Thank you

Provided you didn't lie when you entered the country (like denying you have a fiancée), you shouldn't worry too much. You do not have to leave the US. File I-130 and I-485, there's a guide here on the site. Good luck

  • 04/15/2014: POE, Seattle, WA (VWP)

  • 06/28/2014: Married!

07/17/2014: Sent in I-130 & I-485 to Chicago

07/20/2014: USCIS receives AOS package

07/25/2014: Received NOA via e-mail and text

07/28/2014: Received NOA hardcopies via mail

08/05/2014: Received letter biometrics appointment

08/07/2014: Received RFE regarding tax return

08/18/2014: Biometrics

09/29/2014: Sent in RFE response

11/04/2014: EAD approved

11/04/2014: AOS interview ready to be scheduled

11/10/2014: Received EAD card

01/02/2015: AOS interview date set

01/09/2015: Received interview date via mail

02/03/2015: AOS interview Seattle field office: Approved!

02/03/2015: Green Card production ordered

02/04/2015: USCIS Welcome notice mailed

Link to comment
Share on other sites
sweetswinks Proficient

sweetswinks   400

Posted
Filed: Citizen (apr) Country: Australia
 Timeline
Posted

I have a question about this; wouldn't adjusting status now after getting married with a K1 pending look like intent to immigrate because the K1 petition was withstanding at the time of entry?

*just a thought, feedback appreciated

05-18-2022: Filed N-400 online. Received online NOA and Biometrics re-use.

06-03-2022: Interview scheduled (online notice).

06-10-2022: Interview letter received via USPS.

07-11-2022: Naturalization Interview

Click here for my full timeline of K1, AOS, ROC, and Naturalization
:time:--> http://www.visajourney.com/timeline/

Link to comment
Share on other sites
CowBoE Proficient

CowBoE   429

Posted
Filed: AOS (pnd) Country: China
 Timeline
Posted

I have a question about this; wouldn't adjusting status now after getting married with a K1 pending look like intent to immigrate because the K1 petition was withstanding at the time of entry?

*just a thought, feedback appreciated

Same thought crossed my mind as well.

In any case, congrats OP. Hope all goes well with AOS.

10-04-2013 We met online
11-21-2013 We met in person in Shanghai for 2 weeks

12-13-2013 I-129F packet sent via express

12-19-2013 USCIS NOA #1 (text and email) received

12-24-2013 USCIS assigns Alien Registration Number
12-31-2013 USCIS NOA #1 hard copy received
06-02-2014 USCIS web site shows NOA #2 approval
06-06-2014 USCIS web site shows case sent to NVC

06-xx-2014 Fiancee acquired birth, marriage, and police certificates from local police station (wrong)

06-16-2014 NVC creates case with GUZ### number

06-19-2014 NVC sends case sent to Guangzhou, China
06-24-2014 Received packet 3 express mail from embassy
06-25-2014 Completed DS-160 and paid K1 visa fee

06-26-2014 Mailed packet 3 response back to Embassy

06-26-2014 Requested police certificate from Russian embassy

07-08-2014 Received packet 4 email from Embassy

07-17-2014 Picked up Russian police certificate

07-25-2014 Fiancee medical exam (received MMR & Varicella, but they missed required TD shot)

07-31-2014 Picked up medical exam reports

08-01-2014 Request (correct) birth, marriage, and police certificates from Notarial Service (GongZhengChu)

08-06-2014 Picked up birth, marriage, and police certificates from Notarial Service

08-14-2014 Passed Interview Guangzhou embassy

09-01-2014 Received passport, visa, & sealed envelope

09-13-2014 POE

09-17-2014 Went to CBP office to get (US entry) I-94 updated correctly

09-18-2014 Applied for Social Security Card
09-19-2014 Applied for Marriage License (via online)
09-25-2014 Received Social Security Card
09-30-2014 Picked up Marriage License
10-09-2014 Marriage by Justice of Peace
10-09-2014 Got Certified Marriage Certificate Copies
10-17-2014 Received a letter from SS office that they need the marriage license
10-09-2014 Applied to change the social security card name
10-24-2014 Went back to SS office to provide the marriage certificate documents again!!!
12-09-2014 Submitted AOS, EAD, and AP
12-16-2014 Received 16 emails and 16 text NOA messages
01-05-2015 Received Biometrics appointment letter for (01-12-2015)
01-12-2015 Had Biometrics (fingerprint & picture) - Required Marriage Certificate!!!
02-17-2015 EAD and AP is approved
02-23-2015 Received AP is approval letter
02-25-2015 Received EAD/AP combo card (expires 02/16/2016)
02-27-2015 Applied for SS card name change (they took her SS card)
02-27-2015 Driver's learner permit test was denied since the SS card was given to SS office for name change
03-17-2015 Received SS card with married name
03-17-2015 Started to change all her accounts to married name
03-23-2015 Received potential interview waiver letter
03-27-2015 DMV rejects learner's permit due to "legal status=pending" and vision test failure
04-05-2015 Vision test for learner's permit
04-06-2015 DPS sent us letter that DHS cleared my wife's status to acquire driver's license.
04-10-2015 Passed Driver Learner's Permit
04-22-2015 Received Driver Learner's Permit ID card (expires 02/16/2016)
08-27-2015 Green Card approved
08-31-2015 Received Green Card "Welcome Notice Was Mailed" letter
09-05-2015 Received Green card
10-26-2015 Passed Driver's License Road Test (on 3rd attempt)
11-03-2015 Received Driver's License (expires 02/16/2022)
11-06-2015 Applied to remove conditional work remark on SS card
11-23-2015 Received updated Social Security Card.
- - - - - - - - - - Pending Future Processing - - - - - - - - - -
05-27-2017 File 10 Year Green Card
08-27-2017 2 Year Green Card Expires
05-27-2018 File USC

Link to comment
Share on other sites
Boiler Grand Master

Boiler   43,397

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

Quite possibly but not that relevant to the subject.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Link to comment
Share on other sites
blueniv Contributor

blueniv   5

Posted
Filed: AOS (apr) Country: Netherlands
 Timeline
Posted (edited)

I have a question about this; wouldn't adjusting status now after getting married with a K1 pending look like intent to immigrate because the K1 petition was withstanding at the time of entry?

*just a thought, feedback appreciated

According to US law, provided you did not lie at the POE, intent to immigrate on a non-immigrant visa alone is not enough to be denied an AOS. At least, that's what I've read here.

Edited by blueniv

  • 04/15/2014: POE, Seattle, WA (VWP)

  • 06/28/2014: Married!

07/17/2014: Sent in I-130 & I-485 to Chicago

07/20/2014: USCIS receives AOS package

07/25/2014: Received NOA via e-mail and text

07/28/2014: Received NOA hardcopies via mail

08/05/2014: Received letter biometrics appointment

08/07/2014: Received RFE regarding tax return

08/18/2014: Biometrics

09/29/2014: Sent in RFE response

11/04/2014: EAD approved

11/04/2014: AOS interview ready to be scheduled

11/10/2014: Received EAD card

01/02/2015: AOS interview date set

01/09/2015: Received interview date via mail

02/03/2015: AOS interview Seattle field office: Approved!

02/03/2015: Green Card production ordered

02/04/2015: USCIS Welcome notice mailed

Link to comment
Share on other sites
Boiler Grand Master

Boiler   43,397

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

That was answered, see above.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Link to comment
Share on other sites
NikLR Grand Master

NikLR   13,220

Posted
Filed: Lift. Cond. (apr) Country: Canada
 Timeline
Posted

I guess you hope you don't have to return to Chile any time soon.

OP should not leave the USA until they have their advance parole.

You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

Link to comment
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
 Share
Go to topic listing
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
“;}
×
×
  • Create New...