married while waiting for k1 process

[bakersolay 0]

we are currently in process of k1 process NOA 2 waiting on embassy,,

my fiance is currently in the U.S visiting me on a tourist visa.

we were thinking it would be much easier for both of us if we could just get married now, instead of waiting for k1 interview and her having to return back to her country for interview "which isint even in her country". and we would save on plane tickets as well

is it possible or ok to just get married now? and just cancel the k1 process..

[canadian_wife 1,823]

You may get married at any time and she may return to her home country "which isn't even her country" -- not sure why that had to be in ""

Anyway, would it be easier? What is easy about wasting those hundreds of dollars and time spent on the K-1? You would have to refile for the spousal visa so I am not sure how that even saves on plane fare

goodluck

[bakersolay 0]

she is currently here on tourist visa she lives in mauritus,a island by africa, but the embassy for her interview is in south africa at johannasburg a dangerous place which is not in her country.. we figured if she could just stay it would save us the round trip ticket to her country and back and also the tickets and two week hotel stay to south africa.. the application fee is like 390$ the total of plane tickets would be around 3000...

[Penguin_ie 5,994]

***** Moving from K1 fiance visa forum to AOS from tourist visa forum *****

If you had no intention of getting married and her staying in the USA when she came in, then yes, you can do that. Keep in mind it would "lock her into" staying in the USA for several months, as she waits for her greencard. She could not work, nor travel back to her country to get her things. That may be a problem if she has a job back home she needs to finish up, or pets she needs to get, or even her clothes and such.

[bakersolay 0]

no we didnt plan on marrying like this at all and we want to stay together instead of her having to leave if we were to marry while shes here could we apply for EAD permit while waiting for aos

[Penguin_ie 5,994]

yes, you would follow this guide:

http://www.visajourney.com/content/i130guide2

[bakersolay 0]

ok thanks i read that link and right at the top it says the warning that if we were to be married that she needed to return to her home country to file, but i thought if we were to marry she couldnt leave the country while waiting for aos

[AmAjjD 33]

I know if you have no intentions it's technically legal, however I don't know if it's still legal if you've started the k-1 process. If it is legal, you're probably going to have a hard time proving you didn't have intentions.

[VAN2015 11]

Hello,

You are right at end of K1 process!! I know its pricey but maybe you go with her to South Africa? That way you both feel better

Good luck whichever way you proceed

If you end up doing the K1 way, message me and I can tell you how it went for my fiancee.

[bakersolay 0]

by showing we already started the k1 process wouldnt that show we didnt have intentions of marrying without it though.. when in fact we didnt plan on it, but it would just be so much more conveint for our circumstance,, maybe someone on here has done this before and can chime in

[sandra3711 52]

by showing we already started the k1 process wouldnt that show we didnt have intentions of marrying without it though.. when in fact we didnt plan on it, but it would just be so much more conveint for our circumstance,, maybe someone on here has done this before and can chime in

It is perfectly legal. If she convinced the border control that she had no intentions of marrying and adjusting, then you guys having a K1 in process shouldn't stop you from canceling it and adjusting from a tourist visa. It may look suspicious to a interviewer, but it isn't illegal.

[vanessalga 8]

Get married and AOS, you will be fine. She didn't have pre conceived intent when she entered. You are not doing anything illegal. Save the money and the time. When she has EAD/advanced parole she can go home and sort anything she still might have pending.

[NYCruiser 423]

Hello,

You are right at end of K1 process!! I know its pricey but maybe you go with her to South Africa? That way you both feel better

Good luck whichever way you proceed

If you end up doing the K1 way, message me and I can tell you how it went for my fiancee.

Come on!! South Africa is not that dangerous. The Area where the US Embassy is is in a safe and good area. You might learn something going there for a visit as well?

[aaron2020 11,651]

It's perfectly fine for them to marry and adjust.

For those who disagree, go read Matter of Batista and Matter of Cavazos. You will be enlightened as to what the law really is.

[bakersolay 0]

I looked it up that was interesting, its crazy how many people say opposite things on here lol