AOS from B2 cancel K1

[Bronco141 0]

Hey there,

My fiancée entered the US from Canada (she's Canadian) back in the middle of May & was only intending to stay a week, even though her B2 is good until the middle of November. Circumstances changed & she is currently still here. I want to marry her & have here here in the US with me & cancel the K1 (we have our NOA2) & apply for the CR1 & file AOS while she stays here. She really did not have intentions of staying this long & still has financial ties & a vehicle back in Canada she is still paying for. Would this be okay?

[Hypnos 6,576]

Probably.

[ChicagoSarah 127]

Probably fine, but if you already have the NOA2 for the K-1 and have invested all of the time and money in that process, it seems somewhat silly (but totally at your discretion as you know your circumstances better) to just finish out that process. If the NOA2 is in hand, then the end is near. Hopefully someone is checking her mail back home and would alert her if information arrived regarding next steps/an interview?

Starting the CR-1 now would mean all new fees, all new paperwork, and about a year until she gets her green card. And going through the process of canceling the K-1.

[aaron2020 11,651]

Hi,

Yes, it's fine. Under Matter of Batista and Matter of Cavazos, USCIS can not deny the adjustment of an Immediate Relative of a USC for immigrant intent unless the person lied at the POE. As long as your fiancee did not lie to enter the US, there should be no problem for her to adjust status in the US.

Best of luck