Need some advices ?

[Lea79 0]

Hello all! 👋 
 

Happy new year too all! All the best! 
 

I read the forum, but I would like to even ask your opinion.  I don't want to pay a lawyer for a question.  I am currently in a relationship with an American for 2 years and he live in California .  I was able to come to see him several times, he also came to Belgium and we have traveled together a few times in Europe and Asia.  Now I'm in California with my ESTA for a tourist trip. I had to stay 14 days but he would like me to stay with him because he has taken his apartment since a few weeks and ask me for engagement.  

I'm really afraid of not doing things right.  I don't know if I should go back to Belgium to do a K1 VISA or stay to do an AOS.  I’m afraid that the officers will think I came to the US to get married and I want to avoid problems..

 

I seen the times for AOS in LA and it’s definitely long like a K1! So it will be maybe better for me to come back in Belgium and prepare all correctly?

 

Any feedbacks or opinions on that? 

 

My pleasure! 

[Moe428 129]

You have a few options:

1.  Getting married on your current trip and file for AOS.  With respect to CBP thinking you came to get married, that's not a concern any longer because that's supposed to be determined at POE.  Once you are in the US and apply for AOS, the success of your application depends whether you can prove you have a genuine relationship, and if you are otherwise eligible to be in the US (e.g. your criminal record).  From the time you apply for AOS till the time you get green card or EAD/AP, you will not be able to work or travel outside the US.  This generally is least 5-7 months after applying for AOS.  
2.  Do the K-1 like you suggested, however you will still have to file AOS and go through the same process you as AOS from ESTA.   There are no practical differences except you will have to get a K-1 first, come back to the US and apply for AOS.
3. Go through the CR-1 visa, which will give you a green card soon after you land.  This can be a long process, and will have to be done through the consulate in your home country.