Where met spouse determines which route to file?

[esso 0]

I am confused by all the post I spent 8 hours reading.  If someone met their spouse in their country does that automatically mean it has to be a K1 or can spouse be in the US and file 485 depending on the case?

 

[Dashinka 24,600]

I am not really sure what you are talking about, but if a couple is legally married they cannot file for a K1 as this is for fiancés.  As to applying for a spousal visa, CR1/IR1, the spouse will do that in their home country although they can visit during the process if they have a visitor visa or are allowed in through the VWP.  The only way you can AOS (485) in the US is if you enter as a fiancé (K1) get married then file AOS, or if you enter on a visitor visa/VWP and decide to get married in the US as a spur of the moment type of decision.  You cannot legally enter the US on a visitor visa/VWP with the intention of getting married and staying to AOS.  You can enter the US on a visitor visa/VWP with the intention of getting married, and then leave so as to file for a spousal visa later.

[millefleur 5,047]

Pretty much what @Bill & Katya said.

 

You need to give more details to your situation. Is your fiance already in the US? When did the two of you decide to marry?

[esso 0]

My fiance is here and we decided after 1.5 years being together.

 

[Dashinka 24,600]

3 hours ago, esso said:

My fiance is here and we decided after 1.5 years being together.

 

So you are saying your fiancé is presently in the US on another visa and you are considering getting married now?  If this is the case, then yes, they can AOS here and they do not have to leave if that works for them.  If they do need to go back home soon to organize things before permanently taking up residence in the US, then you would need to take the spousal visa route.

 

Good Luck!

[millefleur 5,047]

7 hours ago, esso said:

My fiance is here and we decided after 1.5 years being together.

Your fiance can stay and adjust status within the US. After getting married, you'd need to take the following steps:

 

 

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

[Penguin_ie 5,994]

***** Moving from AOS from Family Visa to AOS from Work/ Student etc Visa as Op's fiance is not here on a K1 ******

[esso 0]

Thank you, I wanted to be sure a person doesn't need to go back since the if someone met their spouse in their country since they did not decide to get married right away.