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Ok, so my fiance and I have recently applied for the K-1 visa and given the Texas Service Center processing times, we are considering getting married this summer while she is here on the visa waiver program and going the CR1 route. (if we did this we could apply for the K3 from what I understand but then we would be looking at the same massive wait times for the k1 so that seems pretty pointless to do)

We were also told by an attorney that we could get married and apply for adjustment of status while she is here on the visa waiver program (I know this is frowned upon by some visa journey members as I have seen on other posts but we were given this as legal advice from a legal professional although prior to us applying for the K-1 visa so I am not sure how that would go over now that we have already applied for the k1)

Anyone with experience switching routes? Pros and cons?

Just hoping to get some input on the best option!

Thanks for your input in advanced. :)

I'm not sure if I am posting this in the right location, I am new to the forums so give me some slack. :)

Edited by T_M

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Unfortunately, since your fiance is not already in the US, this option is not open to you - she can not cross the border intending to immigrate on that trip on the VWP.


Post on Adjudicators's Field Manual re: AOS and Intent: My link
Wedding Date: 06/14/2009
POE at Pearson Airport - for a visit, did not intend to stay - 10/09/2009
Found VisaJourney and created an account - 10/19/2009

I-130 (approved as part of the CR-1 process):
Sent 10/01/2009
NOA1 10/07/2009
NOA2 02/10/2010

AOS:
NOA 05/14/2010
Interview - approved! 07/29/10 need to send in completed I-693 (doctor missed answering a couple of questions) - sent back same day
Green card received 08/20/10

ROC:
Sent 06/01/2012
Approved 02/27/2013

Green card received 05/08/2013

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Unfortunately, since your fiance is not already in the US, this option is not open to you - she can not cross the border intending to immigrate on that trip on the VWP.

They would have no way of proving intent. The attorney said as long we didn't get married straight away and as long as we played the cards right by their direction that there is no way of proving that. Of course, this conversation happened before we applied for the K1 visa. I know it is not the "legal" way but when being advised by an attorney to do that it was appealing but after careful consideration we chose the K1 route and now are reconsidering due to the fact that we were sent to the Texas Service Center.

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They would have no way of proving intent. The attorney said as long we didn't get married straight away and as long as we played the cards right by their direction that there is no way of proving that. Of course, this conversation happened before we applied for the K1 visa. I know it is not the "legal" way but when being advised by an attorney to do that it was appealing but after careful consideration we chose the K1 route and now are reconsidering due to the fact that we were sent to the Texas Service Center.

Don't for one second think that we are not being monitored...or that USCIS can't put two and two together.

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They would have no way of proving intent. The attorney said as long we didn't get married straight away and as long as we played the cards right by their direction that there is no way of proving that. Of course, this conversation happened before we applied for the K1 visa. I know it is not the "legal" way but when being advised by an attorney to do that it was appealing but after careful consideration we chose the K1 route and now are reconsidering due to the fact that we were sent to the Texas Service Center.

It does not matter if they have no way of proving intent. No one here will suggest you go the illegal way around this instead of waiting like everyone else has to do. IF you were to go that route, 1) they can ask at the boarder what your intent is. Will you lie to get through? That's immigration fraud. 2) "the lawyer told me to" is not justified reason to break immigration laws. Lawyers can give bad advice just like anyone can. Don't listen to them. What goes around, comes around! Do things the right way and wait if you have to. You might be asking for slack on here, but I can almost bet that no one will give you slack because you don't want to wait in line like everyone else is doing.


Our Journey:
04/19/2014- Met online
10/2014- Visited Nigeria and he proposed!!!! 
02/28/2015- Sent I-129F petition
03/05/2015- NOA1
09/2015- Visited Nigeria again!!!
10/28/2015- NOA2 (237 day wait at TSC)
11/13/2015- Sent to NVC
11/27/2015- Arrived at Embassy
06/2016- Third visit to Nigeria!
06/15/2016- Interview, given option to file I-601 waiver.
08/16/2016- Waiver submitted (no lawyer).
11/21/2016- Waiver approved with expedite.
01/2017- Embassy requested interview. 
04/2017- Fourth visit to Nigeria.  K1 officially denied. 
04/25/2017- NOA1 for 2nd K1.
07/27/2017- Case transferred to TSC.
11/17/2017- Case transferred back to CSC.
01/16/2018- NOA2!! (266 day wait)
03/08/2018- Interview (AP)
05/03/2018- VISA APPROVAL!!!
05/14/2018- Visa issued
05/18/2018- Visa picked up
05/25/2018- HE'S HOME!!! 💙💙💙


God has given me a great knowledgebase through research and other members here on VJ.  Please do not hesitate to reach out if I can be of any assistance to you! 

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They would have no way of proving intent. The attorney said as long we didn't get married straight away and as long as we played the cards right by their direction that there is no way of proving that. Of course, this conversation happened before we applied for the K1 visa. I know it is not the "legal" way but when being advised by an attorney to do that it was appealing but after careful consideration we chose the K1 route and now are reconsidering due to the fact that we were sent to the Texas Service Center.

While what you say is technically true, this site has strict rules to be adhered to - the TOS - and as such no one here can advocate something that is definitely illegal.


Post on Adjudicators's Field Manual re: AOS and Intent: My link
Wedding Date: 06/14/2009
POE at Pearson Airport - for a visit, did not intend to stay - 10/09/2009
Found VisaJourney and created an account - 10/19/2009

I-130 (approved as part of the CR-1 process):
Sent 10/01/2009
NOA1 10/07/2009
NOA2 02/10/2010

AOS:
NOA 05/14/2010
Interview - approved! 07/29/10 need to send in completed I-693 (doctor missed answering a couple of questions) - sent back same day
Green card received 08/20/10

ROC:
Sent 06/01/2012
Approved 02/27/2013

Green card received 05/08/2013

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It does not matter if they have no way of proving intent. No one here will suggest you go the illegal way around this instead of waiting like everyone else has to do. IF you were to go that route, 1) they can ask at the boarder what your intent is. Will you lie to get through? That's immigration fraud. 2) "the lawyer told me to" is not justified reason to break immigration laws. Lawyers can give bad advice just like anyone can. Don't listen to them. What goes around, comes around! Do things the right way and wait if you have to. You might be asking for slack on here, but I can almost bet that no one will give you slack because you don't want to wait in line like everyone else is doing.

Let me just clear this up for you as you sound a bit bitter. 1. I was not asking for anyone to suggest an illegal option as I am fully aware of the legality regarding intent and immigration fraud which is in part why I chose to go the K1 route in the first place. I was however asking for others experiences switching from the K-1 visa to the CR1 route or coming over on the VWP and Adjusting status (regardless of if they came here with intentions of doing that or not). 2. "the lawyer told me to" would not have to be used for anything as I would not be breaking the law. (I chose the k1 route which is the standing in line the right way as you said. However, there are other options whether pursued legally or illegally that people do on a daily basis- note that I did not say that this was right or wrong or that my intentions were to do something illegal. I was merely giving a synopsis of what an attorney, actually multiple attorneys told me whether that be bad advice or not. Again, not what I am asking here..I am asking for experiences with changing routes from the k1. 3. "lawyers can give bad advice dont listen to them" yes and so can other humans. It is a nice thing to point out that attorney's are trained to give legal advice in their role as a professional and also many have a vast amount of experience with such cases and no they dont always go about things the black and white way but again I am not here to debate the role of an attorney or the laws of immigration. While I do think that statement was rather harsh considering if you had a legal issue that certainly required an attorney, I can almost bet that you wouldn't be saying that. 4. Let me also add that many, many people come to the united states on the visa waiver program with intent whether that be immigration fraud or not and apply for adjustment of status and get approved without an issue.

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While what you say is technically true, this site has strict rules to be adhered to - the TOS - and as such no one here can advocate something that is definitely illegal.

Not asking for any illegal advice here. Just about others experiences with this situation (changing routes from the k1)

Perhaps, someone could provide input not surrounding the visa waiver program and about their experiences with changing from the k1 to the cr1 since it is apparently such a soft spot topic for most on here.

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Don't for one second think that we are not being monitored...or that USCIS can't put two and two together.

I dont doubt that they couldnt put two and two together which is why I chose the k1 to begin with. :)

However, I do have a hard time believing that the united states government has nothing better to do than sit around and monitor VisaJourney.com

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I dont doubt that they couldnt put two and two together which is why I chose the k1 to begin with. :)

However, I do have a hard time believing that the united states government has nothing better to do than sit around and monitor VisaJourney.com

I've seen threads on here where in interviews posts on visajourney or similar sites have been brought up

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You are contemplating an end run around the immigration process. You, and your multiple lawyers may think you are being clever. Is it really worth the risk? You might use a little of your spare time to do a search here, and find out just how often clever immigration lawyers have given advice, which has been wrong.


I can explain it to you. But I can't understand it for you.

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Well I mean uscis is going to see that you withdraw a k1 for your soon to be spouse then they happen to come over to the U.S. and you file a spouse visa for the same person soon after, I think it could possibly raise flags . Just a thought to consider .

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~~This thread is locked for TOS Violation and is not to be restarted.~~

If you chose to start over with a CR1 Visa you are welcome to start a new thread in the appropriate forum.


Spoiler

Met Playing Everquest in 2005
Engaged 9-15-2006
K-1 & 4 K-2'S
Filed 05-09-07
Interview 03-12-08
Visa received 04-21-08
Entry 05-06-08
Married 06-21-08
AOS X5
Filed 07-08-08
Cards Received01-22-09
Roc X5
Filed 10-17-10
Cards Received02-22-11
Citizenship
Filed 10-17-11
Interview 01-12-12
Oath 06-29-12

Citizenship for older 2 boys

Filed 03/08/2014

NOA/fee waiver 03/19/2014

Biometrics 04/15/14

Interview 05/29/14

In line for Oath 06/20/14

Oath 09/19/2014 We are all done! All USC no more USCIS

 

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