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

[TT & R 6]

4 hours ago, Lemonslice said:

It's not a grey area at all. Adjustment of status is a valid and legal option in these cases.

Cases that someone's B2 Stay is running out and flights are canceled for return.   Besides this seems really gray.

 

Those situation whom are in U.S on a visit, with borders open or ferry flights available for return then this isn't an option? 

[Lemonslice 4,549]

7 minutes ago, T and E said:

Cases that someone's B2 Stay is running out and flights are canceled for return.   Besides this seems really gray.

 

Those situation whom are in U.S on a visit, with borders open or ferry flights available for return then this isn't an option? 

It is an option, depending on the visa used to enter the USA, and assuming there is no misrepresentation.  

[TT & R 6]

3 hours ago, Lucky Cat said:

Every case is unique.  Sometimes, the practicality plays a big part in a decision like that, too.  Most people would find it very difficult, if not impossible, to suddenly decide to leave everything behind in their home country after planning only a visit to the US.  

Not so sudden. Been planning 6-7 months to be here with life/ work.   

 

I'm just wondering now if this be option for me.  No prior intent. 

[Beenwaitingforeva 9]

What if she isnt in the country yet but can legally come?

Is there a chance she could come on a tourist visa? or work visa?

And get married and then adjust status?

Or is that precisley what is referred to as illegal.

[VisaDonnie 54]

2 hours ago, Beenwaitingforeva said:

What if she isnt in the country yet but can legally come?

Is there a chance she could come on a tourist visa? or work visa?

And get married and then adjust status?

Or is that precisley what is referred to as illegal.

That’s where you run into problems, if you come to the USA on those Visa’s and your intent is to marry them that’s fraud. That’s why you go the K-1 route.

[Crazy Cat 39,192]

2 hours ago, Beenwaitingforeva said:

What if she isnt in the country yet but can legally come?

Is there a chance she could come on a tourist visa? or work visa?

And get married and then adjust status?

Or is that precisley what is referred to as illegal.

You can not enter via a non-immigrant visa with the intent to stay and adjust status..

[SalishSea 16,746]

10 hours ago, T and E said:

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

No.  Because that would be the intent before arriving, which is visa fraud.

[SalishSea 16,746]

2 hours ago, Beenwaitingforeva said:

What if she isnt in the country yet but can legally come?

Is there a chance she could come on a tourist visa? or work visa?

And get married and then adjust status?

Or is that precisley what is referred to as illegal.

Fraud.  100% illegal.  Don't do it.  

[SalishSea 16,746]

5 hours ago, T and E said:

Not so sudden. Been planning 6-7 months to be here with life/ work.   

 

I'm just wondering now if this be option for me.  No prior intent. 

The prior intent is that you are considering this before POE.  So that would mean telling a lie to CBP.

[HRQX 4,145]

7 hours ago, VisaDonnie said:

if you come to the USA on those Visa’s and your intent is to marry them that’s fraud.

Intent to marry is NOT fraud! Preconceived intent at POE to AOS and/or overstay is the illegal part.

12 hours ago, T and E said:

Besides this seems really gray.

Assuming no material misrepresentation at POE, then you can AOS. Case law makes this very clear: Matter of Battista and Matter of Cavazos. Intent is determined at entry, not at the AOS interview.

Edited July 17, 2020 by HRQX

[HRQX 4,145]

7 hours ago, Jorgedig said:

The prior intent is that you are considering this before POE.

Note that Evelyn is currently inside the US:

16 hours ago, T and E said:

currently border is open to D R, so I dont see how I could marry here on tourist visa and her staying here through the process.  She came with intent to return to work early September.

Thus, she is eligible to AOS (after marriage).

Edited July 17, 2020 by HRQX

[Britney868 184]

So what about people that are stuck in the k1 process that isn’t in America with their spouse? I’m in Texas and my fiancé is in Jamaica. The K1 isn’t moving and now I’m thinking about canceling the K1 and file I-130. Is that possible? What’s the process? Any information would be greatly appreciated!! Thanks

[Crazy Cat 39,192]

6 minutes ago, Britney868 said:

So what about people that are stuck in the k1 process that isn’t in America with their spouse? I’m in Texas and my fiancé is in Jamaica. The K1 isn’t moving and now I’m thinking about canceling the K1 and file I-130. Is that possible? What’s the process? Any information would be greatly appreciated!! Thanks

Step one is to legally marry.  Step 2 is to file the I-130.  The spousal visa process was taking 12-18 months pre-covid......  You cannot file the I-130 until after legal marriage.

Edited July 17, 2020 by Lucky Cat

[Britney868 184]

1 hour ago, Lucky Cat said:

Step one is to legally marry.  Step 2 is to file the I-130.  The spousal visa process was taking 12-18 months pre-covid......  You cannot file the I-130 until after legal marriage.

Thank you

1 hour ago, Lucky Cat said:

Step one is to legally marry.  Step 2 is to file the I-130.  The spousal visa process was taking 12-18 months pre-covid......  You cannot file the I-130 until after legal marriage.

12-18 months is a long time lol...I thought it was more like 7-12 months!!

[HRQX 4,145]

On 7/16/2020 at 6:32 AM, Lucky Cat said:

She can concurrently file the I-130, I-485, I-131, I765, and I-944.

Also I-130A and I-864

 

@VisaDonnie, you fill out I-130 and I-864. Reina fills out I-130A, I-485, I-944, I-765, and I-131.

 

In general, send the following four packets in the same envelope:

• I-130 with I-130A and copy of marriage certificate, filing fees, etc.;
• I-485 with  I-864 and supporting documents, I-944 and supporting documents, electronic I-94 copy, filing fees, etc.;
• I-765 with electronic I-94 copy, etc.; and
• I-131 with electronic I-94 copy, etc.

You'll separate each packet with rubber bands or fasteners: https://www.uscis.gov/forms/forms-information/form-filing-tips

On the I-130 packet, I-130 payment method (check, money order, or Form G-1450) must be the very first item of this packet.

On the I-485 packet, I-485 payment method (check, money order, or Form G-1450) must be the very first item of this packet.

 

Also, note that USCIS has a credit card payment option. So if you have a credit card with a good rewards program I recommend paying with credit card. https://www.uscis.gov/forms/pay-a-credit-card In that scenario, it'll be 2 Form G-1450.

• On the G-1450 for I-130 packet put your name in the first row. G-1450 must be the very first page of this packet.
• On the G-1450 for I-485 packet put Reina's name in the first row. G-1450 must be the very first page of this packet.