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Getting Married on Visa Waiver Program After Submittinf I-129F

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Hi VJ Family! I have a quick, very specific question. My Australian fiancé and I have applied for a K1 visa and are in Texas Service Center purgatory. She's currently in the U.S. visiting me having entered via the Visa Waiver Program. We have lightly toyed with the idea of getting married while she's already here and adjusting for status later. I know people have strong emotions and feelings towards this, but my question is this-- if we get in that interview room and have to defend the fact that she did not enter the country under false pretenses, will the fact that we had a K1 visa application pending be held against us? Does anyone have any specific experience or insights into this? Thank you so much for your help!

TB

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Not a question that is asked judging from the numerous reports on VJ. If it is tell the truth.

K1 in process is irrelevant.


“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.”

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I am not aware of anyone having to prove their intentions. Intent alone is not even a reason for denial. If you did not have intent when you entered, and answered the CBP questions honestly upon entry, then you should be fine deciding to change it up, get married and file for AOS.

Follow this guide > http://www.visajourney.com/content/i130guide2

~ Moved from K-1 Process to AOS from Work, Student & Tourist Visas - topic is AOS from VWP, not K-1 ~


Link to K-1 instructions for Ciudad Juarez, Mexico > http://travel.state.gov/content/dam/visas/K1/CDJ%20-%20Ciudad%20Juarez.pdf

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Hi,

People need to stop thinking of answers and rely on the law.

It's fine to marry and adjust her status.

Under US laws, USCIS can not deny the adjustment of an Immediate Relative of a USC as long as the person did not lie at the POE.

Best of luck.

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Speaking from experience, my spouse and I also had the option you are faced with. But I had to return home because I forgot to bring my birth certificate, police clearance and everything else with me when I left the UK... I don't usually travel with all those documents.

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Then why does USCIS have the 30/60 rule?

USCIS has no such rule.


Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

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Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

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Yeah, I'm afraid: http://www.state.gov/documents/organization/87011.pdf

USCIS has no such rule.

Did you read the document?

You should apply the 30/60-day rule if an alien states on his or her application for a visa, or informs an immigration officer at the port of entry (POE), that the purpose of his or her visit is consistent with B status and then violates such status by:

(1) Actively seeking unauthorized employment and, subsequently, becomes engaged in such employment;

(2) Enrolling in a full course of academic study without the benefit of the appropriate change of status;

(3) Marrying and taking up permanent residence; or

(4) Undertaking any other activity for which a change of status or anadjustment of status would be required, without the benefit of such a change or adjustment.

It's quite clear from your document that a tourist who gets married on a tourist visa then attempts to adjust status will be subject to this rule you say doesn't exist.

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