Anybody given up on getting a K1 Visa and just got married?

[Diane and Chris 651]

Congratulations on your marriage. Best of luck to you two on the rest of this journey!  We’re all in the same boat one way or another. 

[nykolos 711]

4 hours ago, Sinead91 said:

I voided my k1 and filed for AOS. Sent the packet away at the start of the month. Frustrating to not have all my stuff with me but it was either that or go home and await our embassy to open (my case had been in transit for 3 months and the embassy hasn’t opened to this date)

 

very happy to have done it in the end. The $ spent on the k1 is wasted but alas....we are not separated right now  

Many US Embassies are opening now and next month, and it's a bit too early to celebrate since your AOS hasn't been approved yet,  Hopefully for your sake the interviewer wont view what you did as circumventing the visa process.

 

  

[LegalAlienn 125]

If you void K1 and get married now, do you have to wait for the USCIS process and basically get back in line which is another one year of wait? 

[LibbyG99 65]

4 hours ago, LegalAlienn said:

If you void K1 and get married now, do you have to wait for the USCIS process and basically get back in line which is another one year of wait? 

This is what I'm afraid of and why we haven't canceled our K-1 to get married now. But my fiance and I are living in different countries so another year of that would be hard. Seems like the original poster here is together with his fiance, so that may make his decision easier.

[VisaDonnie 54]

4 minutes ago, LibbyG99 said:

This is what I'm afraid of and why we haven't canceled our K-1 to get married now. But my fiance and I are living in different countries so another year of that would be hard. Seems like the original poster here is together with his fiance, so that may make his decision easier.

Yes, thats our situation we are both in the USA, so basically I will give up the $$ spent and the K-1 process, but if I file the AOS then we are at least married and together, I don't see the flying restrictions being lifted to South America from the USA anytime soon, and even then without a Covid-19 vaccine flying out of the country is just not smart. I will keep everybody posted on our journey.

[TT & R 6]

This wouldn't be considered fraud? Marrying on B2 with K1 pending?

 

We are 6 months in still waiting on noa2.  After 3.5 months apart, ,Border finally reopened early July. I went to visit for 5 days and fiance came back with me on her B2.  She works at embassy, currently her team only 1 day a week so she using vacation days and doesn't have to be back till early September .

 

Like everyone trying to avoid long lengths apart.  So marrying on B2 with K1 in process is a legit option?  I always thought that was fraud

[VisaDonnie 54]

12 hours ago, retheem said:

Go ahead and do the I-130/I-485 AOS. No point going back to Venezuela just to come back here again since she is already here. Remember to apply for EAD and AP.

True. You only need to apply for an I-485 which costs $1140 + $85.00 Biometric fee + $1000.00 filing fee, the I-130 is a petition for a foreign relative. Not sure what EAD is.

[VisaDonnie 54]

5 minutes ago, T and E said:

This wouldn't be considered fraud? Marrying on B2 with K1 pending?

 

We are 6 months in still waiting on noa2.  After 3.5 months apart, ,Border finally reopened early July. I went to visit for 5 days and fiance came back with me on her B2.  She works at embassy, currently her team only 1 day a week so she using vacation days and doesn't have to be back till early September .

 

Like everyone trying to avoid long lengths apart.  So marrying on B2 with K1 in process is a legit option?  I always thought that was fraud

I don't see how that can be fraud if you are stuck in the USA because of Covid-19 (so you have no control over this) with a K-1 filed and your B2 Tourist Visa is running out and you can't get an extension. We only have 2 options, remain here in the USA illegally when your B2 runs out or get married before the B2 runs out. We are past the NOA2, we are down to the interview process, but the embassy is closed the NVC is holding our paperwork and even if it was open we can't fly there for an interview.

Edited July 16, 2020 by VisaDonnie

[VisaDonnie 54]

14 hours ago, JFH said:

I think the B-2 extension was a waste of money but that’s already done now. In your shoes I would marry asap and file for adjustment of status. It’ll cost slightly more than the original plan as you will have to file and pay for an I-130 in addition to the AOS fees. That said, you will save on a plane ticket. She won’t be able to return home for many months but I can’t imagine she has that much to go back to if she’s been here the best part of 6 months already. 
 

Get married and send the AOS paperwork before her I-94 expires so that she is not out of status. The wedding can be as quick and as simple as the law provides. You don’t have to book out the Ritz-Carlton - a simple courthouse affair does the job. Does she have easy access to her civil documents here? Birth certificate? Previous divorce decrees if applicable? 

True, at this point the B-2 extension sort of was a waste of $$ but I don't want to be accused of not doing everything I could to keep my fiancé here legally. We don't need to file a I-130 that's for relatives. You actually can return if you file an Advance Parole Document which is free and allows a person to return to the United States after temporary foreign travel while under an AOS approval. If we choose to get married now she only needs her passport, and now where I live the courthouses no longer perform wedding ceremonies. Thanks for the reply! The

[JFH 12,189]

Just now, VisaDonnie said:

True, at this point the B-2 extension sort of was a waste of $$ but I don't want to be accused of not doing everything I could to keep my fiancé here legally. We don't need to file a I-130 that's for relatives. You actually can return if you file an Advance Parole Document which is free and allows a person to return to the United States after temporary foreign travel while under an AOS approval. If we choose to get married now she only needs her passport, and now where I live the courthouses no longer perform wedding ceremonies. Thanks for the reply! The

Nobody is ”accusing” you of not doing everything you can. 

The I-130 is exactly the form you need after you get married. She can only stay and adjust status if you get married. You MUST file the I-130 after you marry if you want her to stay.
 

She will be stuck here for months - it’s taking around 6 months for the advance parole to be approved. And that was pre-COVID. Currently it’s anyone’s guess how long such things are taking but it’s unlikely to be faster than 6 months.

 

Yes, she can marry with just her passport - I got married here too and only needed to show my passport. But to file the I-130 and concurrent AOS paperwork to stay she will need a copies of her civil documents. 

[TT & R 6]

12 minutes ago, VisaDonnie said:

I don't see how that can be fraud if you are stuck in the USA because of Covid-19 (so you have no control over this) with a K-1 filed and your B2 Tourist Visa is running out and you can't get an extension. We only have 2 options, remain here in the USA illegally when your B2 runs out or get married before the B2 runs out. We are past the NOA2, we are down to the interview process, but the embassy is closed the NVC is holding our paperwork and even if it was open we can't fly there for an interview.

So this option only applies to those in your situation since your fiance is stuck in U.S with no way to fly out.

 

It would not be an option if borders/flights were open and available while here on a B2? 

[JFH 12,189]

7 minutes ago, T and E said:

So this option only applies to those in your situation since your fiance is stuck in U.S with no way to fly out.

 

It would not be an option if borders/flights were open and available while here on a B2? 

It’s possible but only if the person arrived with no intention to stay. Intent is determined at POE.  In this case, the person arrived with every intention of just visiting but circumstances changed. That happens sometimes and that’s why the option is there. What is fraud is when the person travels here on a B-2 with the intention of staying and adjusting status. 

Edited July 16, 2020 by JFH

[Crazy Cat 39,218]

28 minutes ago, T and E said:

This wouldn't be considered fraud? Marrying on B2 with K1 pending?

 

We are 6 months in still waiting on noa2.  After 3.5 months apart, ,Border finally reopened early July. I went to visit for 5 days and fiance came back with me on her B2.  She works at embassy, currently her team only 1 day a week so she using vacation days and doesn't have to be back till early September .

 

Like everyone trying to avoid long lengths apart.  So marrying on B2 with K1 in process is a legit option?  I always thought that was fraud

No, it would most certainly not be fraud.....She was admitted into the US as a tourist....Therefore, her intent was NOT to stay and adjust status......Now, circumstances have changed......she can LEGALLY and MORALLY apply to adjust status........

[Crazy Cat 39,218]

22 minutes ago, VisaDonnie said:

We don't need to file a I-130 that's for relatives.

That is incorrect........You must file an I-130 if she files while here on a tourist visa.  She can concurrently file the I-130, I-485, I-131, I765, and I-944.  You might want to study this  (plus I-944)

 

 

Edited July 16, 2020 by Lucky Cat

[Crazy Cat 39,218]

42 minutes ago, VisaDonnie said:

True. You only need to apply for an I-485 which costs $1140 + $85.00 Biometric fee + $1000.00 filing fee, the I-130 is a petition for a foreign relative. Not sure what EAD is.

You need to do a lot of study.  What $1000 filing fee are you talking about?   You DO need to file an I-130.

Edited July 16, 2020 by Lucky Cat