Advice on Abandoning K1 and filing for AOS

[Alli1996 0]

Hey guys! New here and sorry if this question/ scenario has been asked before but I wanted some advice. My fiancé came to visit this month unfortunately due to my grandmother passing. His K1 visa case has been sitting in Paris Embassy since February(his March appointment got canceled right when Covid-19 erupted).  Now I just got noticed that his September 16th appointment has also been canceled (4th cancelation) If we were to get Married and file for an AOS before his wedding esta expires would we have trouble based on intent? Our intent was pure he still has a job,car, insurance, bills, etc back home. But we are now afraid if he goes back home he won’t be able to get a K1 visa appointment till next year. Being separated again for an unknown amount of time is too painful to even consider right now especially while I’m grieving. At the same time we don’t want to risk being denied either. I could really use some advice.

[Crazy Cat 39,464]

Based on what you posted, it is legal to marry, then adjust status.  Here is the appropriate guide.  Just be aware of the restriction for travel and work after submitting the package:

 

 

[JFH 12,189]

If you are going to do this I would get your documents to USCIS before the fee increase on October 2.

Edited August 27, 2020 by JFH

[Alli1996 0]

6 minutes ago, JFH said:

If you are going to do this I would get your documents to USCIS before the fee increase on October 2.

We thought about this also but our worry is that if we apply to quickly won’t it flag our case if we file  under 90 days of entering the US? I don’t want to give them reason to scrutinize our case even harder than they already will.

[Crazy Cat 39,464]

2 minutes ago, Alli1996 said:

We thought about this also but our worry is that if we apply to quickly won’t it flag our case if we file  under 90 days of entering the US? I don’t want to give them reason to scrutinize our case even harder than they already will.

There is no 90 day rule for USCIS.  That is a myth which continues to circulate.

Edited August 27, 2020 by Lucky Cat

[FattieBanton 35]

get married and send your documents in ASAP

[JFH 12,189]

1 hour ago, Alli1996 said:

We thought about this also but our worry is that if we apply to quickly won’t it flag our case if we file  under 90 days of entering the US? I don’t want to give them reason to scrutinize our case even harder than they already will.

Marry when you two are ready to marry. You could have got married the day after he arrived and it would be no problem. Intent is determined at the border. Even if there is intent it is not reason enough to deny. I assume your fiancé did not lie to the CBP Officer? 

[Alli1996 0]

10 minutes ago, JFH said:

Marry when you two are ready to marry. You could have got married the day after he arrived and it would be no problem. Intent is determined at the border. Even if there is intent it is not reason enough to deny. I assume your fiancé did not lie to the CBP Officer? 

 No they asked purpose of travel and they informed them that it was for his fiancés grandmothers funeral.

[Crazy Cat 39,464]

15 minutes ago, Alli1996 said:

 No they asked purpose of travel and they informed them that it was for his fiancés grandmothers funeral.

Legally, there is no issue.  Buy you realize that he can't return home for about 6 months...possibly longer, right?  As you said "he still has a job,car, insurance, bills, etc back home...."  Most people I know can't just suddenly decide to live where they went for a short visit with no return trip for 6 months..

Edited August 27, 2020 by Lucky Cat

[JFH 12,189]

13 minutes ago, Alli1996 said:

 No they asked purpose of travel and they informed them that it was for his fiancés grandmothers funeral.

So he did nothing wrong. You have no reason not to apply for AOS after marriage. 

[Alli1996 0]

5 minutes ago, Lucky Cat said:

You realize that he can't return home for at least 6 months...possibly longer, right?  As you said "he still has a job,car, insurance, bills, etc back home...."  Most people I know can't just suddenly decide to live where they went for a short visit with no return trip for 6 months..

As I mentioned, he was planning to have his appointment and interview for September 15th. We started planning for his move back in March when his original appointment was supposed to be so he ended his lease to his apartment and moved in with his family. As far as his Car and other things. That’s something we’d just have to figure out, hopefully his brother will be able to handle most of it from his end 

[Crazy Cat 39,464]

1 minute ago, Alli1996 said:

As I mentioned, he was planning to have his appointment and interview for September 15th. We started planning for his move back in March when his original appointment was supposed to be so he ended his lease to his apartment and moved in with his family. As far as his Car and other things. That’s something we’d just have to figure out, hopefully his brother will be able to handle most of it from his end 

There is no issue legally.....it's the practical side that people sometimes forget......go for it.....

[SalishSea 16,839]

22 hours ago, Alli1996 said:

before his wedding esta expires

What is a wedding esta?

[Alli1996 0]

8 minutes ago, Jorgedig said:

What is a wedding esta?

Sorry that was a typo. Lol ESTA

[SalishSea 16,839]

Be aware that he won't be able to work in the United States without an EAD (even remotely, at the job back in France), which could take 6-8 months after applying.