Fiance in the U.S. on B2, K1 already approved with Embassy Receipt Confirmation - Considering Abandonng K1 - Thoughts?

[Ameriaussie 49]

My Fiance was approved for a 6 month entry, we are past the 90 day window. His embassy also confirmed receipt of the File with Case number from NVC. All we need now is to submit our papers to the embassy and fly back to his country for the interview.

 

Our concern is in convenience - please don't attack. We are starting our family and it will cost us more time and money to fly back to his country to finalize things.

 

On top of this, we need him to start working. We are afraid that if we continue with the consular processing with the K1 visa that the Adjustment of Status will take longer than if we were to get married now and file for AoS immediately.

 

Any risks in doing this as opposed to following through with the K1?

[Duke & Marie 1,389]

24 minutes ago, Ameriaussie said:

My Fiance was approved for a 6 month entry, we are past the 90 day window. His embassy also confirmed receipt of the File with Case number from NVC. All we need now is to submit our papers to the embassy and fly back to his country for the interview.

 

Our concern is in convenience - please don't attack. We are starting our family and it will cost us more time and money to fly back to his country to finalize things.

 

On top of this, we need him to start working. We are afraid that if we continue with the consular processing with the K1 visa that the Adjustment of Status will take longer than if we were to get married now and file for AoS immediately.

 

Any risks in doing this as opposed to following through with the K1?

Side note... odd That an Aussie is there on B2, usually we get visa wavier that permits 90 day stay.. I’d check that status if he leaves to ensure he’s not an overstay... 

 

As far as him already being there, provided he didn’t go there with intent to adjust... it’s perfectly fine for you to get married and switch to AOS process...BUT he’s still going to need a work permit

 

the whole the he he needs to work thing should have been considered prior to his extended visit whilst k1 is being processed... this problem will continue during AOS, while getting authority to work... it will likely be another 6 months after AOS application has been submitted before he’s permitted to work..

 

if his working was such a big issue, he should have perhaps had a shorter visit, got married, gone home and applied CR1 visa 

[Ameriaussie 49]

2 minutes ago, Duke & Marie said:

Side note... odd That an Aussie is there on B2, usually we get visa wavier that permits 90 day stay.. I’d check that status if he leaves to ensure he’s not an overstay... 

 

As far as him already being there, provided he didn’t go there with intent to adjust... it’s perfectly fine for you to get married and switch to AOS process...BUT he’s still going to need a work permit

 

the whole the he he needs to work thing should have been considered prior to his extended visit whilst k1 is being processed... this problem will continue during AOS, while getting authority to work... it will likely be another 6 months after AOS application has been submitted before he’s permitted to work..

 

if his working was such a big issue, he should have perhaps had a shorter visit, got married, gone home and applied CR1 visa 

thanks. I understand your speculations. But no, all is unplanned. We just decided to continue with consular. Thank you

[Duke & Marie 1,389]

1 minute ago, Ameriaussie said:

thanks. I understand your speculations. But no, all is unplanned. We just decided to continue with consular. Thank you

No speculations... both k1 and AOS suck when it comes to being able to work... 6 months either way for both visas... if working is an issue, you still have CR1 options in addition to AOS and k1 given it’s not yet finalised etc... good luck either way..