Entering on an ESTA after using K1

[fishnets 0]

If my fiance enters on his K1, and we get married can we postpone our application for an adjustment of status? 

 

ie: can come in on a K1, we get married, both leave the US, and then he reenters on a regular ESTA and then we file for adjustment of status?

 

Anyone have any experience with this?

[NigeriaorBust 4,087]

  It doesn't work like that.  If he leave without advanced parole ( part of filing for adjustment )  you would have to start over with an I130 and wait roughly a year for permission to interview for a green card.  After marriage he would have to reapply for ESTA because there are changes in his original answers to the questions and he may be denied esta due to immigrant intent. 

[fishnets 0]

@NigeriaorBust Thanks for your help!   Do you know if we still have to do the I130 if he just adjusts his ESTA application?

[NigeriaorBust 4,087]

 If he leave without filing for adjustment of status that path is closed.  The next path is an I130.  He can NOT enter on esta or other non immigrant visas with the intent of adjusting status. 

[fishnets 0]

@NigeriaorBust thank you very much for your help.  Your tag line is very appropriate for a visa applications page haha

[SalishSea 16,776]

33 minutes ago, fishnets said:

If my fiance enters on his K1, and we get married can we postpone our application for an adjustment of status? 

 

ie: can come in on a K1, we get married, both leave the US, and then he reenters on a regular ESTA and then we file for adjustment of status?

 

Anyone have any experience with this?

Why do a K-1 at all in this case?  Might as well just marry on the ESTA, and then he returns home and you apply for a spousal visa.  

 

That is a lot of money to waste IMHO.

[fishnets 0]

@Jorgedig  You're totally right.  At this point that would have made a lot of sense, but we applied for the K1 almost two years ago so we've been kind of sitting in limbo waiting for everything to go through.   We're currently almost done resolving problems with paperwork that's made our expiration dates urgent, so we need to wrap things up where we're living before settling in the US.  Thank you for your help though!!

Edited February 11, 2020 by fishnets

[igoyougoduke 1,605]

3 minutes ago, fishnets said:

@Jorgedig  You're totally right.  At this point that would have made a lot of sense, but we applied for the K1 almost two years ago so we've been kind of sitting in limbo waiting for everything to go through.   We're currently almost done resolving problems with paperwork that's made our expiration dates urgent, so we need to wrap things up where we're living before settling in the US.  Thank you for your help though!!

curious what is the point of doing K1 if you plan to stay abroad ?

[fishnets 0]

@Donald120383 The original plan was to move to the states when we filed in August 2018, but we didn't anticipate the process taking as long as it has.  We made other plans so we could live together while we were waiting, and due to really slow paperwork processing for foreign police reports (not my fiance's native country) we now have a month to move across the world and set ourselves up the US.  

 

tl;dr we want to come back to the states but need to close up our lives in an unrelated country before setting up to live back in the good ol' us of a

[ledingham 68]

11 hours ago, fishnets said:

If my fiance enters on his K1, and we get married can we postpone our application for an adjustment of status? 

 

ie: can come in on a K1, we get married, both leave the US, and then he reenters on a regular ESTA and then we file for adjustment of status?

 

Anyone have any experience with this?

If you want to travel immediately after marriage then I suggest you go for a CR-1/IR-1 visa instead as you will be able to travel and work when you enter the country on that visa. If you are set on the k-1 visa then you need to wait until you get AP or LPR before you can travel, which may be many months.

[carmel34 3,531]

16 hours ago, fishnets said:

ie: can come in on a K1, we get married, both leave the US, and then he reenters on a regular ESTA and then we file for adjustment of status?

Here's a better, legal alternative:  he enters with ESTA, you get married in the US, then a few days later when you get the marriage certificate, you file an I-130 for a CR-1 spousal visa, then before his I-94 date, you both leave the US and re-enter the US together a year or more later when the CR-1 visa is approved.  If you follow this plan, you will need a qualified joint sponsor in the US, plus sufficient evidence that you intend to re-establish domicile in the US.  Or, you could return to the US a few months before your husband's visa interview, to get a job with enough income so you don't need a joint sponsor, and to set up a US domicile.  You should do more research on the process so that you don't have any problems down the road.  Good luck!

Edited February 11, 2020 by carmel34

[Ontarkie 13,918]

Well being that you already have the K1 visa both of you enter get married and start the AOS process. The USC goes back to settle things while the spouse waits in the US. Both of you do not need to go settle things right away, once AP is in hand then the non USC can go finish off anything that he needs to do himself.

[fishnets 0]

16 hours ago, ledingham said:

If you want to travel immediately after marriage then I suggest you go for a CR-1/IR-1 visa instead as you will be able to travel and work when you enter the country on that visa. If you are set on the k-1 visa then you need to wait until you get AP or LPR before you can travel, which may be many months.

Thank you so much for the info!  Its a little too late for the CR1 since we're already in the process of finishing the K1, but this is all good to know!! 

[fishnets 0]

10 hours ago, carmel34 said:

Here's a better, legal alternative:  he enters with ESTA, you get married in the US, then a few days later when you get the marriage certificate, you file an I-130 for a CR-1 spousal visa, then before his I-94 date, you both leave the US and re-enter the US together a year or more later when the CR-1 visa is approved.  If you follow this plan, you will need a qualified joint sponsor in the US, plus sufficient evidence that you intend to re-establish domicile in the US.  Or, you could return to the US a few months before your husband's visa interview, to get a job with enough income so you don't need a joint sponsor, and to set up a US domicile.  You should do more research on the process so that you don't have any problems down the road.  Good luck!

Oh wow, didn't even think about this alternative!  Thank you so much!  I'm going to speak to my fiance and see how he feels about this.  Thank you so, so much!

[fishnets 0]

9 hours ago, Ontarkie said:

Well being that you already have the K1 visa both of you enter get married and start the AOS process. The USC goes back to settle things while the spouse waits in the US. Both of you do not need to go settle things right away, once AP is in hand then the non USC can go finish off anything that he needs to do himself.

Thank you !  We were looking at that but have been doing long distance for 6 years, so we're trying to find ways to not have to live apart anymore  That is a good option to know about though, thanks!!