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kevlar

K1 VISA, now Pregnant can we get Married Prior to Approval

By kevlar in K-1 Fiance(e) Visa Process & Procedures

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Russ&Caro Proficient

Russ&Caro   1,548

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Filed: Citizen (apr) Country: Colombia
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1 minute ago, cyberfx1024 said:

No it is visa fraud. They will be scrutinizedoing if they do this. Sorry if you think myou comment is rubbish but its how I feel. So go ahead get married right away then file for AOS.  But do not plan it, get married, the file bc that is fraud.

 

OP, please follow advice of seasoned members here at Visa Journey. Don't follow advice based on how one member feels. How he/she feels is not important.

Marriage: 2014-02-23 - Colombia    ROC interview/completed: 2018-08-16 - Albuquerque
CR1 started : 2014-06-06           N400 started: 2018-04-24
CR1 completed/POE : 2015-07-13     N400 interview: 2018-08-16 - Albuquerque
ROC started : 2017-04-14 – CSC     Oath ceremony: 2018-09-24 – Santa Fe

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Jojo92122
Jojo92122

Since she is here in the US, you can get married and file for AOS so she can stay.  With the AOS, you can file for AP.  She will get AP in about 4 months.  That will allow her to leave the US and come

Jojo92122
Jojo92122

No.  She is already in the US.  The rules are different for the Immediate Relative of a USC who has already entered the US.   There is absolutely nothing fraudulent with the OP's wife adjust

broppy
broppy

No it's not! The fraud you're thinking of occurs when people come to the US with the intention of marrying and AOS but don't have the correct visa. The fraud happens when they misrepresent their inten

zilchfox Community Regular

zilchfox   296

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Filed: Citizen (apr) Country: Canada
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16 minutes ago, cyberfx1024 said:

No it is visa fraud. They will be scrutinizedoing if they do this. Sorry if you think myou comment is rubbish but its how I feel. So go ahead get married right away then file for AOS.  But do not plan it, get married, the file bc that is fraud.

Who cares how you feel? It's all about the rules and policies, and how you feel has nothing to do with it.

 

OP, if you have no real reason to go back to Canada, then you can do this:
- Get married

- File for AOS, EAD, and AP (exact guide here: http://www.visajourney.com/content/i130guide2)

 

Intention has nothing to do with how you entered at this point. You legally entered as a B2, and you would then be married to a USC spouse.

 

If you do have intentions to go back to Canada, you can either continue the K1 or you can marry, leave the U.S., and file for a CR1 / IR1 instead, exact guide here: http://www.visajourney.com/content/i130guide1

 

For both K1 and CR1 / IR1 applicants, yes you can visit while they're processing, HOWEVER you need to have strong ties back to Canada if you don't want to risk getting denied at the border (aka a job).

 

Ignore the posts who are saying you're committing immigration fraud, you are not.

03-19-2021: Officially an American Citizen 🇺🇸 Entire journey from initial K-1 Visa filing to Naturalization took 5 years, 8 days.

You can see my complete timeline by clicking here.

 

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cdneh Mentor

cdneh   3,112

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Filed: Citizen (apr) Country: New Zealand
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1 hour ago, zilchfox said:

Who cares how you feel? It's all about the rules and policies, and how you feel has nothing to do with it.

 

OP, if you have no real reason to go back to Canada, then you can do this:
- Get married

- File for AOS, EAD, and AP (exact guide here: http://www.visajourney.com/content/i130guide2)

 

Intention has nothing to do with how you entered at this point. You legally entered as a B2, and you would then be married to a USC spouse.

 

If you do have intentions to go back to Canada, you can either continue the K1 or you can marry, leave the U.S., and file for a CR1 / IR1 instead, exact guide here: http://www.visajourney.com/content/i130guide1

 

For both K1 and CR1 / IR1 applicants, yes you can visit while they're processing, HOWEVER you need to have strong ties back to Canada if you don't want to risk getting denied at the border (aka a job).

 

Ignore the posts who are saying you're committing immigration fraud, you are not.

Correct. No fraud involved, given your situation.

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

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Boiler Grand Master

Boiler   43,494

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Filed: K-1 Visa Country: Wales
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Anybody say Marry stay and adjust!

 

Congrats.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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ch3john Community Regular

ch3john   308

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Filed: Citizen (pnd) Country: Indonesia
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6 hours ago, cyberfx1024 said:

No it is visa fraud. They will be scrutinizedoing if they do this. Sorry if you think myou comment is rubbish but its how I feel. So go ahead get married right away then file for AOS.  But do not plan it, get married, the file bc that is fraud.

Nope

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Boiler Grand Master

Boiler   43,494

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Filed: K-1 Visa Country: Wales
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2 minutes ago, Cruise77 said:

Ok so "technically" this is not legal.  However most people get away with the loophole.  Happy Trails!

What loophole?

 

Technically a legal and valid option.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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ch3john Community Regular

ch3john   308

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Filed: Citizen (pnd) Country: Indonesia
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6 minutes ago, Cruise77 said:

Ok so "technically" this is not legal.  However most people get away with the loophole.  Happy Trails!

"technically" it is legal. Otherwise people wouldn't be getting AOS then ROC. 

 

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inloveVEN Collaborator

inloveVEN   46

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Filed: IR-1/CR-1 Visa Country: Venezuela
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8 hours ago, CubaAndChill said:

Isn't that visa fraud though?

 

How can some people come in on a tourist visa and get married then file for AOS and others have to go through the CR-1 visa? Is the CR-1 only if you marry overseas?

 

nop, reading what they wrote, they were preparing their K1 and something wonderful happened. so they decided to get marry before. she did not come with the intention to stay

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Ontarkie Grand Master

Ontarkie   13,918

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Filed: Citizen (apr) Country: Canada
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~~As this thread is not about discussing whether AOS'ing is legal. It is now locked. The OP can start a new thread for questions related to the process they wish to begin.~~

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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

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

 

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