I'm in US - Considering to abandon K1 for Green Card Process

[lunajo 1]

Hi all,

 

This forum has been helpful when I was applying for K1 visa in 2019. However, the situation has changed (likewise for many others) and I am back here with questions, hoping to get some good advice. 

 

My boyfriend is a US citizen and I am a Singapore citizen. We began the K1 visa paperwork in Oct 2019, thinking that we should be able to do the visa interview in Singapore by July/ August 2020. We checked in June, and our case petition is still with NVC. They couldn't send it to the US embassy in Singapore due to multiple obvious reasons. After checking with the embassy, it seems that they will not resume processing visas any time soon, and that they are unsure when, like everywhere else.

 

In January 2020, we spent 1.5 months in Singapore. We came to US together in March 2020. I came on ESTA and have been in US since March based on ESTA extensions (30 days each time). 

 

We are considering whether to abandon the K1 process and get a marriage license + apply for green card instead. Our original plan was to get married in US in end 2020/ early 2021 anyway, and I do want to continue to stay here without applying for ESTA extensions every month with the risk of a rejection. 

 

In this situation where we want to stay together in US, is it worth it for us to get married and start AOS process? Since we have the intention to marry (that's why we did K1 in the first place), would there be a risk of immigration fraud charge?

 

Any advice will be greatly appreciated!

 

 

[pushbrk 12,106]

33 minutes ago, lunajo said:

Hi all,

 

This forum has been helpful when I was applying for K1 visa in 2019. However, the situation has changed (likewise for many others) and I am back here with questions, hoping to get some good advice. 

 

My boyfriend is a US citizen and I am a Singapore citizen. We began the K1 visa paperwork in Oct 2019, thinking that we should be able to do the visa interview in Singapore by July/ August 2020. We checked in June, and our case petition is still with NVC. They couldn't send it to the US embassy in Singapore due to multiple obvious reasons. After checking with the embassy, it seems that they will not resume processing visas any time soon, and that they are unsure when, like everywhere else.

 

In January 2020, we spent 1.5 months in Singapore. We came to US together in March 2020. I came on ESTA and have been in US since March based on ESTA extensions (30 days each time). 

 

We are considering whether to abandon the K1 process and get a marriage license + apply for green card instead. Our original plan was to get married in US in end 2020/ early 2021 anyway, and I do want to continue to stay here without applying for ESTA extensions every month with the risk of a rejection. 

 

In this situation where we want to stay together in US, is it worth it for us to get married and start AOS process? Since we have the intention to marry (that's why we did K1 in the first place), would there be a risk of immigration fraud charge?

 

Any advice will be greatly appreciated!

 

 

Sounds like a good plan.  Just follow the applicable guide.  Note that you should not leave the USA for any reason until you have advance parole.  If you do, you will not get back in and have to abandon your adjustment of status.

[Pickle_slushy 4]

1 hour ago, lunajo said:

Hi all,

 

This forum has been helpful when I was applying for K1 visa in 2019. However, the situation has changed (likewise for many others) and I am back here with questions, hoping to get some good advice. 

 

My boyfriend is a US citizen and I am a Singapore citizen. We began the K1 visa paperwork in Oct 2019, thinking that we should be able to do the visa interview in Singapore by July/ August 2020. We checked in June, and our case petition is still with NVC. They couldn't send it to the US embassy in Singapore due to multiple obvious reasons. After checking with the embassy, it seems that they will not resume processing visas any time soon, and that they are unsure when, like everywhere else.

 

In January 2020, we spent 1.5 months in Singapore. We came to US together in March 2020. I came on ESTA and have been in US since March based on ESTA extensions (30 days each time). 

 

We are considering whether to abandon the K1 process and get a marriage license + apply for green card instead. Our original plan was to get married in US in end 2020/ early 2021 anyway, and I do want to continue to stay here without applying for ESTA extensions every month with the risk of a rejection. 

 

In this situation where we want to stay together in US, is it worth it for us to get married and start AOS process? Since we have the intention to marry (that's why we did K1 in the first place), would there be a risk of immigration fraud charge?

 

Any advice will be greatly appreciated!

 

 

We were in a similar situation. We decided to abandon it and we're getting married in a week then submitting new paperwork (filing i845 and i130 concurrently). If she came in March, then it's been plenty of time to say she didn't come here with the intention to get married. 

[Ryan H 3,790]

Moved from IR-1/CR-1 Process & Procedures to Adjustment of Status from Work, Student, & Tourist Visas.

[lunajo 1]

16 hours ago, Pickle_slushy said:

We were in a similar situation. We decided to abandon it and we're getting married in a week then submitting new paperwork (filing i845 and i130 concurrently). If she came in March, then it's been plenty of time to say she didn't come here with the intention to get married. 

 

We have the same thoughts as well. We were here with pure intentions of spending more time with family - no intentions of overstaying past my admission period and to get married now. I have some concerns of starting over but judging by how K1 visas are still stuck and how I am currently in the US already, we want to get married legally and start the new process.

[dcoulthard 0]

Hey, 

 

I was just wondering, how did you apply for the 30 day extension, and is it a difficult process? 

[retheem 553]

On ‎8‎/‎9‎/‎2020 at 4:46 PM, lunajo said:

Hi all,

 

This forum has been helpful when I was applying for K1 visa in 2019. However, the situation has changed (likewise for many others) and I am back here with questions, hoping to get some good advice. 

 

My boyfriend is a US citizen and I am a Singapore citizen. We began the K1 visa paperwork in Oct 2019, thinking that we should be able to do the visa interview in Singapore by July/ August 2020. We checked in June, and our case petition is still with NVC. They couldn't send it to the US embassy in Singapore due to multiple obvious reasons. After checking with the embassy, it seems that they will not resume processing visas any time soon, and that they are unsure when, like everywhere else.

 

In January 2020, we spent 1.5 months in Singapore. We came to US together in March 2020. I came on ESTA and have been in US since March based on ESTA extensions (30 days each time). 

 

We are considering whether to abandon the K1 process and get a marriage license + apply for green card instead. Our original plan was to get married in US in end 2020/ early 2021 anyway, and I do want to continue to stay here without applying for ESTA extensions every month with the risk of a rejection. 

 

In this situation where we want to stay together in US, is it worth it for us to get married and start AOS process? Since we have the intention to marry (that's why we did K1 in the first place), would there be a risk of immigration fraud charge?

 

Any advice will be greatly appreciated!

 

 

You are already in the US. Going back to your country only to come back with K1 and do the same process you can do now (AOS) will obviously defeat all reason and will be just going round a circle and coming to the same point IMHO. So, go ahead and adjust. And, stay until you get a green card before you think of traveling

Edited August 10, 2020 by retheem

[retheem 553]

23 hours ago, pushbrk said:

Sounds like a good plan.  Just follow the applicable guide.  Note that you should not leave the USA for any reason until you have advance parole.  If you do, you will not get back in and have to abandon your adjustment of status.

I would say until she gets a green card. Look, ideally, you can travel with AP and you are correct. But, with the volatile nature of things these days and the propensity of this administration to shift goal posts at a whim's notice, would you advise someone to leave on an AP? Consider that technically, AP is authorized stay, not a legal status per se. From what covid has taught us, do not leave anything to chance.

[Zaraliaya 122]

23 hours ago, lunajo said:

Hi all,

 

This forum has been helpful when I was applying for K1 visa in 2019. However, the situation has changed (likewise for many others) and I am back here with questions, hoping to get some good advice. 

 

My boyfriend is a US citizen and I am a Singapore citizen. We began the K1 visa paperwork in Oct 2019, thinking that we should be able to do the visa interview in Singapore by July/ August 2020. We checked in June, and our case petition is still with NVC. They couldn't send it to the US embassy in Singapore due to multiple obvious reasons. After checking with the embassy, it seems that they will not resume processing visas any time soon, and that they are unsure when, like everywhere else.

 

In January 2020, we spent 1.5 months in Singapore. We came to US together in March 2020. I came on ESTA and have been in US since March based on ESTA extensions (30 days each time). 

 

We are considering whether to abandon the K1 process and get a marriage license + apply for green card instead. Our original plan was to get married in US in end 2020/ early 2021 anyway, and I do want to continue to stay here without applying for ESTA extensions every month with the risk of a rejection. 

 

In this situation where we want to stay together in US, is it worth it for us to get married and start AOS process? Since we have the intention to marry (that's why we did K1 in the first place), would there be a risk of immigration fraud charge?

 

Any advice will be greatly appreciated!

 

 

I am the same - except I'm Canadian and came to the US in late May (I was supposed to be finished with the K1 process June ish, but obviously not) -- I'm still going through options because I am not sure what I want to do. I still have belongings in Canada, and I wouldn't be able to go and get them until I apply for the travel permit along with AOS, and that still takes a REALLY long time to receive without COVID. 

Let us know what you plan to do. I heard that there wouldn't be any fraud since you've been here for awhile with intent on going back, but I do worry about it too.

[Zaraliaya 122]

1 minute ago, retheem said:

I would say until she gets a green card. Look, ideally, you can travel with AP and you are correct. But, with the volatile nature of things these days and the propensity of this administration to shift goal posts at a whim's notice, would you advise someone to leave on an AP? Consider that technically, AP is authorized stay, not a legal status per se. From what covid has taught us, do not leave anything to chance.

I never thought of that.
However, AP normally comes with EAD --isn't that technically a legal status of some sort? (I don't actually know)
Waiting for a green card could be years to travel outta US if the situation doesn't get better.

[retheem 553]

Just now, Zaraliaya said:

I never thought of that.
However, AP normally comes with EAD --isn't that technically a legal status of some sort? (I don't actually know)
Waiting for a green card could be years to travel outta US if the situation doesn't get better.

Technically, AP is not a legal status. Check well. You are at a period of authorized stay as your AOS is being adjudicated. EAD is also tied to this period. If your AOS is denied and you have to leave the US, the AP and EAD becomes useless. Hence my explanation above. Under normal circumstances, with an AP you should be good to go and travel. But 6 months ago, who would have thought spouses of green card holders would be banned from getting visas? My whole point is- think and think hard, evaluate and re-evaluate if you need to, then make an informed choice.

[pushbrk 12,106]

25 minutes ago, retheem said:

I would say until she gets a green card. Look, ideally, you can travel with AP and you are correct. But, with the volatile nature of things these days and the propensity of this administration to shift goal posts at a whim's notice, would you advise someone to leave on an AP? Consider that technically, AP is authorized stay, not a legal status per se. From what covid has taught us, do not leave anything to chance.

Yes, only leave with AP if it's an emergency.

[lunajo 1]

1 hour ago, pushbrk said:

Yes, only leave with AP if it's an emergency.

 

If I were to ever leave the US in this circumstances now, it would be to Singapore in mid or late next year as my partner is planning to attend business school there next year. Till then, we have no reason to leave US (sorry, family back home). I will definitely apply for AP.

 

I have a question: my current ESTA admission is valid until 6 September 2020. At what point of the application timeline am I eligible to stay in the US for a prolonged period of time? Once I submit the forms or only when I received notification that the forms are received?

 

[lunajo 1]

1 hour ago, Zaraliaya said:

I am the same - except I'm Canadian and came to the US in late May (I was supposed to be finished with the K1 process June ish, but obviously not) -- I'm still going through options because I am not sure what I want to do. I still have belongings in Canada, and I wouldn't be able to go and get them until I apply for the travel permit along with AOS, and that still takes a REALLY long time to receive without COVID. 

Let us know what you plan to do. I heard that there wouldn't be any fraud since you've been here for awhile with intent on going back, but I do worry about it too.

 

I'm definitely leaning towards getting a marriage cert and applying for AOS at this moment as a huge consideration for me and my partner is my eligibility to stay here in the US without applying for ESTA satisfactory departure every 30 days.

1 hour ago, retheem said:

You are already in the US. Going back to your country only to come back with K1 and do the same process you can do now (AOS) will obviously defeat all reason and will be just going round a circle and coming to the same point IMHO. So, go ahead and adjust. And, stay until you get a green card before you think of traveling

 

Thank you for your advice - I am definitely leaning towards this option at this point.

[lunajo 1]

4 hours ago, dcoulthard said:

Hey, 

 

I was just wondering, how did you apply for the 30 day extension, and is it a difficult process? 

 

More info on Satisfactory Departure - https://www.cbp.gov/newsroom/national-media-release/cbp-offers-flexibility-departing-visa-waiver-program-travelers

 

I emailed my port of entry with PDF files of my biometric passport, (bio page), details of canceled flight as well as rescheduled flight 10 to 14 days prior to last validity date. You can also call their number for any clarification but they provide approval only via email. The process is quick, 1 to 2 days turnover.