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PLEASE HELP! K-1 application in progress but we decided to marry during my visit on ESTA?

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Filed: K-1 Visa Country: United Kingdom

Hello everyone!

I am in an urgent panic and really need some honest advice.

My US fiancé filed a petition for me to travel tk the USA to marry him. This was submitted on 26th September and my 'alien registration number' was changed on 2nd October.

I visited him on 19th October and we had a last-minute panic this morning because my flight is due to leave in four hours. He wants to marry me and for me to stay and apply for an AOS.

I have letters and evidence from my employers to state that I'm due back at work this Tuesday. I told the POE Officer that I was visiting my partner and I would be returning then. He didn't ask me many questions about my trip and I didn't need to present any of the evidence I have to show my ties to the UK.

Staying would mean quitting my job and remaining here but I am prepared to do that. I would reschedule my flight for a couple of months, just to make sure I still have a return flight.

This is by no means planned but I want to know where we would stand if I were to marry him, while the K-1 application is in progress.

PLEASE help. We would appreciate any help you could provide.


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Filed: AOS (apr) Country: Philippines

So if you marry surely your K-1 is invalid and null and void and fees associated lost.

You technically, you can Marry and return to your Country and file for a Spousal Petition as you know and wait.

I have heard in the past of couples doing this. I don't recommend it. It was not the intention of the visit.

Good luck

3/27/2007....We first met on myspace
1/30/10 ......My Honey proposed
8/15/10 ......He visit Philippines(2wks) & met my family
12/17/10 ....USCIS received the Filed I-129F for K1-visa
12/21/10 ....Received hard copy,NOA1
5/25/11.......Received RFE
6/09/11.......NOA2 approved
12/07/11.....Visa fee paid at BPI

6/11/13.......2nd visa fee payment
7/10-11/13.. Medical Exam completed@St.Lukes Clinic
1/15-16/14.. 2nd Medical exam updated
1/21/14...... k1 interview-Visa Approved
8/29/14...... Submitted AOS application
01/07/15.....Received my EAD card

01/31/15..... I got my SSN from the mail

04/20/15......AOS Interview - Approved :star:

4/24/15 .......Got the Driving Permit Card

4/30/15 .......Green Card Received :) (Exp.4/20/17)


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If you want to get married and do it legally you have to return and file a IR-1/CR-1. This is the only legal way to get legal acces to the states.

Have said that, There are people that get married and file for a AOS. And get approved. You have to make sure you can prove it wasn't planned and you didn't came into the country to get married. If you can't prove this return and wait for the k1 to be approved.

In my honest oppinion. I had a hard time returning when my wife and i where waiting for the k1 visa. But thinking about it now. It wasn't that bad. For us it was 9 months and what is 9 months in a life time.

Think about it but i would still go with the K1. Its probably the quickest way to get into the states legally.

Edited by Ralph and Meghan

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Filed: Lift. Cond. (apr) Country: Spain

If you get married I would recommend not leaving the country, because if you are married then your husband has to ask for a spouse visa and that takes upon a year of waiting.......

If you stay you CANT leave the country, once you send AOS you have to stay here. You will be without working for a few months not able to drive etc.....

If you still aren't married you can go back and keep with your K-1 visa and in a few months you will be back here.


---------------------------------- Pre I-130 ----------------------------------------

Feb- 25- 2009 - Met in Barcelona Spain thanks to a friend in common ???

11 visits in the next 5 years........ ????????????

Apr - 23 - 2014 - My last entry in the US to visit ✈️

Jul - 18 - 2014 - finally proposes and ask me to stay forever!!!! ❤️??

Jul- 20 - 2014 - I don't get in the flight back to Spain ( that means my ESTA will expire the next day )

Jul - 22 - 2014 - wedding ❤️??

---------------------------I-130, I-485, EAD, AP ----------------------------------

Sep- 12- 2014 - AOS sent to Chicago ?? ( delivered sept 15 )

Sep - 18 - 2014 - AOS texts/ emails received with case number ??

Sep- 19 - 2014 - checks cashed ?

Sep - 21 - 2014- hard copies of NOA received in the mail!!! ??

Sep - 26 - 2014- biometrics letter received!! Appointment for Oct 7

Sep - 30 - 2014 - succesful early walk in biometrics ??

Nov - 22 - 2014 - EAD/AP approved ?? ( 71 days )

Nov - 24 - 2014 - card in production

Dec - 1 - 2014 - card mailed ??

Dec - 3 - 2014 - Combo card received ??

Dec - 15 - 2014 - email received with interview date for Jan 15 2015! ??

Jan - 15 - 2015 - Approved!! ???? Here is our interview experience --> http://www.visajourney.com/forums/topic/531853-aos-interview-from-esta-approved/

Jan - 24 - 2015 - Green card received

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Preconceived intent alone isn't a reason to deny AOS. Meaning that even if they think it was your intention to stay, they cannot deny you solely on that basis. That said, as long as you didn't lie at POE, you should be fine, which it looks like you didn't.

You were truthful by telling them that you were visiting your partner and you weren't asked anything about your petition or the like. Therefore, it is perfectly safe for you to file AOS since your circumstances changed after you came here.

Once you marry the K1 petition becomes invalid. So you have to submit forms I-130 and I-485 and pay the fees for each, plus whatever forms are needed with those. Please be aware that your ability to travel back to the UK will depend on how fast you send the AOS paperwork and how soon you receive your EAD/AP doc, which can be about 3 months. You cannot leave before then, or you will have to start over with the spouse visa process.

Feel free to ask if you have questions about the process. Good luck. :)

Here is a link with info about adjusting status.


This does not constitute legal advice.

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I just realized that you may or may not have gotten on that flight, in which case my post may or may not apply, lol.

This does not constitute legal advice.

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