confusion

[Kayla and Ryan 0]

Posted here as well as the AOS section.

Here's the lowdown -

My UK boyfriend came over for a visit under the VWP, with a return date two weeks later, a job and bank account in the UK, etc. We decided to get married, and afterwards we filed for a K-3. We have sent the I-130 and received the notification of action. We have also sent the I-129F, and received the first NOA for that one.

Our confusion arises because his Visa Waiver expires on February 11th, but we do not know whether he is able to stay in the US while awaiting for the K3 as it is an adjustment of status, or whether we have done something wrong.

Can somebody give us any insight as to what we do? Our options? And whether the K3 petition is an AOS, who we contact to notify them, or whether an AOS is a completely separate matter.

[pushbrk 12,279]

Posted here as well as the AOS section.

Here's the lowdown -

My UK boyfriend came over for a visit under the VWP, with a return date two weeks later, a job and bank account in the UK, etc. We decided to get married, and afterwards we filed for a K-3. We have sent the I-130 and received the notification of action. We have also sent the I-129F, and received the first NOA for that one.

Our confusion arises because his Visa Waiver expires on February 11th, but we do not know whether he is able to stay in the US while awaiting for the K3 as it is an adjustment of status, or whether we have done something wrong.

Can somebody give us any insight as to what we do? Our options? And whether the K3 petition is an AOS, who we contact to notify them, or whether an AOS is a completely separate matter.

No, he can't stay past February 11 legally. You may well have been able to successfully adjust status but instead you filed two visa petitions. Visas are used to enter a country not to adjust status while remaining inside.

[Kayla and Ryan 0]

No, he can't stay past February 11 legally. You may well have been able to successfully adjust status but instead you filed two visa petitions. Visas are used to enter a country not to adjust status while remaining inside.

So we cannot cancel the visa applications and apply for an AOS? I wish this process wasn't so confusing.

[pushbrk 12,279]

No, he can't stay past February 11 legally. You may well have been able to successfully adjust status but instead you filed two visa petitions. Visas are used to enter a country not to adjust status while remaining inside.

So we cannot cancel the visa applications and apply for an AOS? I wish this process wasn't so confusing.

Nobody has applied for any visa. You've petitioned for the right for your spouse to apply abroad. By doing so, you've declared your intent to seek a visa. To turn around and try to adjust status will likely put you in a world of hurt due to suspected fraud.

What you are suggestion is withdrawing two petitions and starting over again with the same agency filing new papers for a different process altogether. It might work but I'd throw some bucks in an attorney's direction before trying it.