Insight on Work Authrorization-K1 Visa

[EM_Vandaveer 2,369]

Is that legal?

Yes, completely. The reason is that it was not his intent during his last entry. So he can do it.

[Ischnura 285]

It's only not fraud if he came without the intent of marrying. Which sounds as though is the case so you should be fine. Just be sure to have all your ducks in a row first. If you did it that way he can't leave til he has his green card, you'd have to provide proof of bonafide marriage and You would have to have sufficient income or a joint/sponsor to satisfy the affidavit of support. Don't rush in to anything if you're not ready. There's no harm him returning home and visiting while you wait on the K-1.

[MickeyB 15]

Yes, completely. The reason is that it was not his intent during his last entry. So he can do it.

Ahh okay. Thank you for the insight. That's something we have never considered.

[TabeaK 516]

I'd tread carefully. You have filed for a K1, haven't you? You have therefore shown immigration intent. Marrying now with a pending K1 could cause trouble.

Not worth it, imho - K1s are fast these days. You'll likely have your visa in 3 months anyway.

[MickeyB 15]

It's only not fraud if he came without the intent of marrying. Which sounds as though is the case so you should be fine. Just be sure to have all your ducks in a row first. If you did it that way he can't leave til he has his green card, you'd have to provide proof of bonafide marriage and You would have to have sufficient income or a joint/sponsor to satisfy the affidavit of support. Don't rush in to anything if you're not ready. There's no harm him returning home and visiting while you wait on the K-1.

We have all of this in a row simply from preparing our information for the K1.

Thanks for the insight and concern. We are definitely not rushing into anything. After many years together in the States & now an infant son, we are just ready to be back together as a family. Our only wait at this point was waiting for the visa approval.

We just want to make sure we follow the correct rules & guidelines.

How do you prove a bonafide marriage? Just with a marriage certificate?

[MickeyB 15]

I'd tread carefully. You have filed for a K1, haven't you? You have therefore shown immigration intent. Marrying now with a pending K1 could cause trouble.

Not worth it, imho - K1s are fast these days. You'll likely have your visa in 3 months anyway.

Yes we filed our I-129f in the beginning of April but due to backlog, we haven't received an NOA2 yet. In fact we filed for an expedite on May 12th and have yet to hear back about that as well. The time frame has pushed back significantly.

I do agree though, we don't want to do anything that would give us any trouble. We would only even consider it if it is something that is legal.

Edited June 8, 2016 by MickeyB

[TabeaK 516]

Yes we filed our I-129f in the beginning of April but due to backlog, we haven't received an NOA2 yet. In fact we filed for an expedite on May 12th and have yet to hear back about that as well. The time frame has pushed back significantly.

There is no such thing as a backlog at this point. You filed 2 months ago - barely. Official processing times for the I-129F are 5 months. I doubt you have a reason to expedite.

Last year, when my cohort filed, we waited for up to 12 months for approval of the I-129F out of the Texas Service Center. I was lucky escaping after 5.5 months, others waited a year. Just for the I-129F. Actions taken by members of this forum have led to the present situation, where all cases are processed in California and a backlog is history.

Your are due to get your I-129F approval within a month and - if you get all your ducks in a row - your actual visa maybe another 2 months thereafter. Relax.

[Harpa Timsah 13,258]

You can AOS now. It is perfectly legal. People will try to convince you otherwise because they don't like or don't understand the laws. No need to rip a family apart with a baby because it makes you feel better.

Intent, even if it had been established, is irrelevant/forgiven for spouses of USCs as long as they did not lie to obtain entry. Marry now, abandon the K-1, file a concurrent I-130/I-485 AOS (slightly different from the K-1 AOS), if you want. You'd lose the I-129F fee is all.

Edited June 8, 2016 by Harpa Timsah

[MickeyB 15]

There is no such thing as a backlog at this point. You filed 2 months ago - barely. Official processing times for the I-129F are 5 months. I doubt you have a reason to expedite.

Last year, when my cohort filed, we waited for up to 12 months for approval of the I-129F out of the Texas Service Center. I was lucky escaping after 5.5 months, others waited a year. Just for the I-129F. Actions taken by members of this forum have led to the present situation, where all cases are processed in California and a backlog is history.

Your are due to get your I-129F approval within a month and - if you get all your ducks in a row - your actual visa maybe another 2 months thereafter. Relax.

Just because you have been through the process gives you no reason to come on here and be rude to me, nor does it make you an expert.

You know nothing about my situation, therefore you have no idea if I have reasons to expedite or not.

If you were reading this post, you would see that the getting married while he was here was suggested to me, I didn't make the suggestion. You would also see that I am in no rush, I simply asked a question looking for insight.

So while you sit behind your keyboard & think you are going to be rude to me with your "relax" responses, you can take your 'insight' elsewhere.

There is a way to address people and how you did it, is not the correct way.

Thank you & have a nice evening.

[EM_Vandaveer 2,369]

You can AOS now. It is perfectly legal. People will try to convince you otherwise because they don't like or don't understand the laws. No need to rip a family apart with a baby because it makes you feel better.

Intent, even if it had been established, is irrelevant/forgiven for spouses of USCs as long as they did not lie to obtain entry. Marry now, abandon the K-1, file a concurrent I-130/I-485 AOS (slightly different from the K-1 AOS), if you want. You'd lose the I-129F fee is all.

Please heed Harpa's advice. Harpa is right.

[MickeyB 15]

You can AOS now. It is perfectly legal. People will try to convince you otherwise because they don't like or don't understand the laws. No need to rip a family apart with a baby because it makes you feel better.

Intent, even if it had been established, is irrelevant/forgiven for spouses of USCs as long as they did not lie to obtain entry. Marry now, abandon the K-1, file a concurrent I-130/I-485 AOS (slightly different from the K-1 AOS), if you want. You'd lose the I-129F fee is all.

Harpa,

Thank you for your kind, helpful response. He simply entered on an ESTA and was not even questioned by the officer (we were afraid he might be due to some of the horror stories I've read on here, even though he has entered multiple times) I will look into the information you have provided me with.

Thank you, again.

[EM_Vandaveer 2,369]

Yes we filed our I-129f in the beginning of April but due to backlog, we haven't received an NOA2 yet. In fact we filed for an expedite on May 12th and have yet to hear back about that as well. The time frame has pushed back significantly.

I do agree though, we don't want to do anything that would give us any trouble. We would only even consider it if it is something that is legal.

It is 100% legal to marry & file for AOS now. You do not have to be separated. Ask a mod to move this post to the AOS from Tourist/Work/Student Visas section. That way you could receive better advice.

Here people may be pre-disposed to cry "visa fraud" etc.

This is the guide to follow:

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

Edited June 8, 2016 by EM_Vandaveer

[Harpa Timsah 13,258]

Harpa,

Thank you for your kind, helpful response. He simply entered on an ESTA and was not even questioned by the officer (we were afraid he might be due to some of the horror stories I've read on here, even though he has entered multiple times) I will look into the information you have provided me with.

Thank you, again.

I think the guide was linked before but I'll link it again. http://www.visajourney.com/content/i130guide2

It's a huge stack of papers all at once and costs $1490 + a medical exam.

I'll reiterate. There is no need to separate your family when this option is available to you now. Your fiance/husband won't be able to leave the country without abandoning the process until he gets his temporary travel permission, called Advance Parole, just be aware. That should take about 90 days from when you file. Enjoy your family! I beg of you

[Ischnura 285]

I'm with Harpa all the way here, being apart from one another sucks but I couldn't imagine my little family split up if it could be avoided. If it's the right avenue for you you've got support here.

[MickeyB 15]

Thanks everyone for you advice. My fiancé is more than ready to be able to spend longer than 90 day spurts with our son.

I'm thankful that there are knowledgable people here who are truly wiling to help. I will visit the other forum for additional advice.