Pending K1 switching to AOS

[Steph831 0]

Hi everyone! Apologies in advance for the long post but my fiance and I are in need of some advice/opinions of those who have or are going through this process currently.  My fiance and I have been together since 2018, got engaged December 2019 and filed for our K1 in February 2020, just before covid hit and locked everything down.  He is from England/UK but on a work visa in Canada and I am the US citizen.  We are still waiting on our NOA2, he was here earlier this year on the Visa Waiver Program from March to April (since everything shut down) but was able to leave before his 90 day deadline.  He is currently visiting again, for a couple of months to visit since we dont know if there will be another shut down if the virus gets worse in the fall.  With no end in sight for the K1 filers and getting their interviews, we are considering just getting married, however after much research am finding alot of different information out there on what is allowed and what isnt.  We of course do not want to jeopardize anything for our future but also with covid being so uncertain, circumstances are changing all the time.  We had every intention on waiting to see the full k1 process through, our wedding is set for April 2021 and even have most of our vendors set up (however we are also looking to postpone that too).  I guess my question is, if we do marry can we file an AOS and would we need to file all paper work prior to his 90 day deadline? i've read if you file prior to 90 days, your application is automatically flagged.  When he came into the US on his VWP, he had and actually still has his return flight, employment back in Canada, his airbnb that he rents a room from, phone bill, bank account etc. but obviously if we've started our K1 process, does that inevitably who the intent to marry even if we had no intentions of marrying until our wedding date?  Is Covid an acceptable "change in circumstance" or does our wedding date make any difference when filing an AOS?!  Again, we had no intentions of marrying anytime before getting the K1 visa, but with everything being suspending, consulates closed with no dates of reopening, we are a bit desperate and want to be together and start our lives already. I am 35 so starting a family is a big deal and I feel im running out of time for that.  Also, if anyone has been in this situation and had a positive outcome, please share.  We are going to talk to an immigration attorney as well, because again we do not want to do anything "illegal" but from my understanding, if he entered legally, with no intent on marrying then we should be ok? Correct me if im wrong. Any advice is greatly appreciated and my heart goes out to all the couples effected right now!

[FattieBanton 35]

i would say just do it. my then-fiance came here in april on a b2 visitor visa to bring my american citizen children (born abroad, she's the mother) to the US on the covid-19 evacuation flights the the embassy organized. i had the k1 document all filled out and compiled and ready to ship. i came here to seek some last minute advice and from what i gathered, getting married was ok because like you said, covid just screwed everything up and made future plans uncertain. so thats what we did. i'm now wrapping up compiling all the 130 paperwork (it's a whole lot more than 129).

[Crazy Cat 39,425]

24 minutes ago, Steph831 said:

if he entered legally, with no intent on marrying then we should be ok?

Correct.  However, be aware of the restrictions associated with adjusting status such as inability to work or leave the US for any reason until receipt of an advance parole/employment authorization document (5-8 months after submission of the I-485, I-131, I-765 ).  Once he has filed a proper I-485, he will be granted authorized stay in the US until the I-485 has been adjudicated.  

Edited August 18, 2020 by Lucky Cat

[Sinead91 242]

Hi hi! 
 

I was advised by forum members back in March to do the same (i came on ESTA] and my only regret was not doing it sooner. (I waited until may, a few weeks before my i94 expired).

 

if there aren’t lose ties to finish up, I’d say do it. 
 

a user over on Reddit tried to tell me it was fraud 🙄, but had you initially intended to come over to adjust, you wouldn’t have been left in. Keep anything like return flights just in case for the eventual interview. I kept my original return flight info, my travel insurance and the letter from my employer that I had with me when I came on hols

[J&S12 295]

3 hours ago, Steph831 said:

desperate and want to be together and start our lives already

As are 1,000's of us that are waiting. 

Having said that, hope everything works out for you!

Edited August 19, 2020 by J&S12

[Steph831 0]

16 hours ago, FattieBanton said:

i would say just do it. my then-fiance came here in april on a b2 visitor visa to bring my american citizen children (born abroad, she's the mother) to the US on the covid-19 evacuation flights the the embassy organized. i had the k1 document all filled out and compiled and ready to ship. i came here to seek some last minute advice and from what i gathered, getting married was ok because like you said, covid just screwed everything up and made future plans uncertain. so thats what we did. i'm now wrapping up compiling all the 130 paperwork (it's a whole lot more than 129).

This is the route we are thinking of going, our biggest worry or concern is that we've filed for the K1 already showing the intent to marry but again would need to prove that was not our intent when he cam here to visit.  I agree that covid has really posed some major uncertainty regarding future plans.  Is there a certain timeline we need to file all the paperwork by? Prior to his 90 day deadline or does that matter? We are looking at hiring an attorney to help us with all the filings but just curious on the timeframes.

[Steph831 0]

15 hours ago, Lucky Cat said:

Correct.  However, be aware of the restrictions associated with adjusting status such as inability to work or leave the US for any reason until receipt of an advance parole/employment authorization document (5-8 months after submission of the I-485, I-131, I-765 ).  Once he has filed a proper I-485, he will be granted authorized stay in the US until the I-485 has been adjudicated.  

We are well aware of the restrictions of leaving the US or him being able to work.  I have a decent paying job and currently living with my parents so we should be ok with that until he is able to get his work authorization.  In between waiting for his authorizations, will he need to us his passport as an ID, i'd assume he cannot get any valid form of identification until he has a SSN (which he also gets at time of the work authorization correct?)  I know both the I-130 and I-485 are filed concurrently, however, when filing what is the process after as I would assume that goes into overstaying the VWP?

[Crazy Cat 39,425]

1 minute ago, Steph831 said:

our biggest worry or concern is that we've filed for the K1 already showing the intent to marry but again would need to prove that was not our intent when he cam here to visit. 

That was already determined when he was allowed to enter the US.....it's a non-issue.........You should file the Adjustment of Status package before the end of his authorized stay, else he will be out of status and subject to removal.  I see no reason to hire an attorney.

[Crazy Cat 39,425]

3 minutes ago, Steph831 said:

In between waiting for his authorizations, will he need to us his passport as an ID,

He should carry his passport and the NOA1 he receives after submitting a proper I-485.  Filing the I-485 will grant him "authorized stay" in the US during the process.    Use this guide:  

 

Edited August 19, 2020 by Lucky Cat

[Steph831 0]

12 hours ago, J&S12 said:

As are 1,000's of us that are waiting. 

Having said that, hope everything works out for you!

Thank you, I appreciate that! 

1 minute ago, Lucky Cat said:

He should carry his passport and the NOA1 he receives after submitting a proper I-485.  Filing the I-485 will grant him "authorized stay" in the US during the process.    Use this guide:  

 

Ok, Thank you so much for your help!

[FattieBanton 35]

You do not need an attorney. S/he will just tell you what you can already find out on this forum.

[J&S12 295]

1 hour ago, Steph831 said:

Thank you, I appreciate that! 

Ok, Thank you so much for your help!

You’re welcome 

[portorusa 431]

20 hours ago, Sinead91 said:

my only regret was not doing it sooner. (I waited until may, a few weeks before 

 

 

We also regret of not filing AOS sooner. My husband came on ESTA to visit me in February and we filed AOS at the end of April , two weeks before his I-94 expired.

[Steph831 0]

28 minutes ago, portorusa said:

We also regret of not filing AOS sooner. My husband came on ESTA to visit me in February and we filed AOS at the end of April , two weeks before his I-94 expired.

Did you wait for any particular reason?  From some information i've read, its suggested to wait until after 90 days to file AOS so it does not flag your application, but i've also seen information contradict that and say that AOS needs to be filed well before the 90 days before i-94 expired.  Did you experience any issues at all and did you have to submit certain evidence to prove non-immigrant intent? Just curious as to what type of evidence we should gather. Thanks!

[Crazy Cat 39,425]

36 minutes ago, Steph831 said:

From some information i've read, its suggested to wait until after 90 days to file AOS so it does not flag your application,

That is a myth........there is no 90 day rule.