K1 in process but decide to get marry now? what should I do?

[mmxyz 0]

hi i am in the process of applying for K1, and I just got mail from the immigration office and notify me that the petition is approved and my case is sent to NVC. I am actually in U.S.A. now (i submitted my application in USA). now me and my fiancee want to skip k1 and get married directly. is there any problem while i am still in k-1 application. can we get married and apply for green card immediately?

urgent..... hope someone can reply me....

[B and H 18]

What is your status now? That is, how did you enter the US and apply from within the country?

[mmxyz 0]

I am Canadian citizen, so, i came under visitor status but did not need a visa. I can legally stay here for 6 months. We submitted the k-1 application right before the deadline when I was supposed to leave the country so that I can continue to stay while waiting for k1 visa

[B and H 18]

So you came under the visa waiver program? I believe that would let you stay for 90 days, not 6 months. There are events that cause a forgiveness of overstays, but I wouldn't think that filing for a K-1 visa is one of them. So you filed right before 90 days or 6 months had elapsed?

[mmxyz 0]

it's 6 months for Canadian citizen. I am 100% sure. you can google it. I filed before 6 months deadline. The petition was approved.

[2ndMessiah 184]

A quick check, Canadians can stay 182 days. Have you been here longer than that?

You will have to return to Canada to complete your K1 visa.

OK as to not trigger a TOS violation I will tread carefully. (Mr Moderator please be kind)

Even though I assume when you entered the US you had not intended to marry this visit, as you applied for a fiancee visa you have an intent to marry. To marry now and adjust status in country might be visa fraud.

But if you marry, you become and immediate relative so adjusting in country would not be illegal. You might be treading a very fine line.

Edited December 20, 2015 by 2ndMessiah

[Ontarkie 14,980]

So you filed the K1 and still haven't left the US and now you think you just want to get married?

If yes and you've been here the entire time then yes you can get married and do the adjustment of status. Just do not leave now.

[neoblast 138]

might be a bit suspect really but they can't deny just for that. You will start accruing overstay after 6 months since I-129F does not wave. You have 2 choices.

1. withdraw your approved petition

2. Go back to Canada and complete the process maybe 4 months max apart, but will avoid you being scrutinize more than necessary by USCIS.

[mmxyz 0]

Now, I stayed longer than 182days. But we consult lawyers and they said that I can adjust my status in USA since I send in application after I stayed here for such a long time ( 5 months) and it showed my intention was not to get married.

“To marry now and adjust status in country might be visa fraud.

But if you marry, you become and immediate relative so adjusting in country would not be illegal. You might be treading a very fine path.”

I am confused. so is it a problem to get married now? My k1 petition is already approved.

[neoblast 138]

you can get married. they may suspect visa fraud but that's not enough to deny you. either way you go should be fine, keep in mind they will ask questions. I think you should have just gotten married without sending I-129F. Now you'll have to withdraw (I think maybe someone can clear this up) before applying for I-130 and 485

[Transborderwife 4,666]

Nope, marry, stay adjust.

[2ndMessiah 184]

Sorry I thought you had filed K1 in Canada before you entered the US.

[mmxyz 0]

Nope, marry, stay adjust.

Thanks for the info. Should I withdraw my K1 application and then get married, or should I just ignore K1 application and get married now, then directly apply for green card?

[Transborderwife 4,666]

Yes withdraw it. Just remember it's a whole new process and set of fees. Look at the aos guides on here

[belinda63 3,053]

You need to withdraw the K-1 first. When that is done you will file to adjust status along with the I-130. The guides have already been linked for you. Please keep in mind that filing the K-1 does not give you any right to remain in the US it is only when you receive the receipt (NOA-1) for the I-485 that you are in a legal status in the US. So from the day you overstayed until you have that receipt you are in the US out of status and subject to immigration action.