Marriage and AOS while on a tourist visa

[remotercharm 31]

Our k1 interview was cancelled in London in March with no idea when it will resume.  My fiance has been in the US visiting me and will have to leave in about 6 weeks.  I know its risky but suddenly thought today maybe we should just get married and try to apply for AOS. My friend did it years ago (i know rules have changed since).  To make it clear there was zero intention of this on his visit.  And given the fact they won't or can't resume processing visas in the near future it seems like an obvious thing to do now he's here.  I know there is the 30/60 day rule, so could do it after the 60 day mark.  I guess the worry is whether they could process it in time.  If he gets banned forever because they think its a fraud or whatever, I wouldn't be hugely disappointed, and just go to the UK instead.  I'm not exactly sure how bad a denial would be on his chances of still getting the k1 interview.

 

*Not sure this is the best forum to post this question is but couldnt think of a better one.

Edited October 6, 2020 by remotercharm

[remotercharm 31]

19 minutes ago, remotercharm said:

Our k1 interview was cancelled in London in March with no idea when it will resume.  My fiance has been in the US visiting me and will have to leave in about 6 weeks.  I know its risky but suddenly thought today maybe we should just get married and try to apply for AOS. My friend did it years ago (i know rules have changed since).  To make it clear there was zero intention of this on his visit.  And given the fact they won't or can't resume processing visas in the near future it seems like an obvious thing to do now he's here.  I know there is the 30/60 day rule, so could do it after the 60 day mark.  I guess the worry is whether they could process it in time.  If he gets banned forever because they think its a fraud or whatever, I wouldn't be hugely disappointed, and just go to the UK instead.  I'm not exactly sure how bad a denial would be on his chances of still getting the k1 interview.

 

*Not sure this is the best forum to post this question is but couldnt think of a better one.

Realize there is now the "90" day rule, but advisement on USCIS offers and not a rule they have to follow.

[sexyafrican36 42]

24 minutes ago, remotercharm said:

Our k1 interview was cancelled in London in March with no idea when it will resume.  My fiance has been in the US visiting me and will have to leave in about 6 weeks.  I know its risky but suddenly thought today maybe we should just get married and try to apply for AOS. My friend did it years ago (i know rules have changed since).  To make it clear there was zero intention of this on his visit.  And given the fact they won't or can't resume processing visas in the near future it seems like an obvious thing to do now he's here.  I know there is the 30/60 day rule, so could do it after the 60 day mark.  I guess the worry is whether they could process it in time.  If he gets banned forever because they think its a fraud or whatever, I wouldn't be hugely disappointed, and just go to the UK instead.  I'm not exactly sure how bad a denial would be on his chances of still getting the k1 interview.

 

*Not sure this is the best forum to post this question is but couldn't think of a better one.

What would be why reason that would make you decide to marry here in the USA rather than go through the right process? Because if it’s for convenience, that isn’t good enough reason. You should have a compelling reason to show that it wasn’t pre-planned. Also, don’t forget when he got into the country, the statement he had given the CBP officer could even matter. You also said that your friend had done this before, so tells appears to contradict your previous statement of you not planning this before. In the end it’s up to you, but be prepared for the whatever the decisions might be. Your case is unique and no two case is the same 

[Lucky2Lucky 2,526]

14 minutes ago, remotercharm said:

Realize there is now the "90" day rule, but advisement on USCIS offers and not a rule they have to follow.

What rule are you talking about? There is no such thing. If you want to marry and adjust status you can since intent was determined when he arrived in the USA and AOS wasn't the intent. He won't be able to work or leave for approximately 1 year so as long as he is okay with that and forgoing any family emergency that comes up and you can afford to sponsor him then marry and adjust. 

[Her Highness 20]

 

4 minutes ago, sexyafrican36 said:

instead.  I'm not exactly sure how bad a denial would be on his chances of still getting the k1 interview.

There’ll be no K1 interview to go to once you get married

[remotercharm 31]

3 minutes ago, sexyafrican36 said:

You also said that your friend had done this before, so tells appears to contradict your previous statement of you not planning this before.

Clearly 🙄

[remotercharm 31]

1 minute ago, Her Highnesd said:

 

There’ll be no K1 interview to go to once you get married

Oops, yes that true.  We'd apply for spousal or probably just apply for me to go to the UK at that point.

[remotercharm 31]

3 minutes ago, Luckycuds said:

What rule are you talking about? There is no such thing. If you want to marry and adjust status you can since intent was determined when he arrived in the USA and AOS wasn't the intent. He won't be able to work or leave for approximately 1 year so as long as he is okay with that and forgoing any family emergency that comes up and you can afford to sponsor him then marry and adjust. 

It's a DOS thing that the Trump administration introduced meant to advise the USCIS http://myattorneyusa.com/dos-90-day-rule-for-presumption-of-misrepresentation .  Don't think it's as easy as you describe.  They can just think you're lying and claim you were being fradulent.

[Lucky2Lucky 2,526]

5 minutes ago, remotercharm said:

It's a DOS thing that the Trump administration introduced meant to advise the USCIS http://myattorneyusa.com/dos-90-day-rule-for-presumption-of-misrepresentation .  Don't think it's as easy as you describe.  They can just think you're lying and claim you were being fradulent.

There is no such rule. It is as easy as I described unless you guys were planning it all along- that would be misrepresentation and that is when you have something to worry about. Plenty of people adjust status, while I think it affords those that do it to skip the line and really don't understand how someone can just give up their life back home with no ties- it is legal to adjust status as long as there was not the intent when he entered the US. 

[remotercharm 31]

5 minutes ago, Luckycuds said:

There is no such rule. It is as easy as I described unless you guys were planning it all along- that would be misrepresentation and that is when you have something to worry about. Plenty of people adjust status, while I think it affords those that do it to skip the line and really don't understand how someone can just give up their life back home with no ties- it is legal to adjust status as long as there was not the intent when he entered the US. 

I think all that matters is whether I can prove there was no such intent. And I’m not sure how I can do that. I’m not sure if my existing k1 application is helpful or harmful in proving my lack of intent. 

[Lucky2Lucky 2,526]

46 minutes ago, remotercharm said:

I think all that matters is whether I can prove there was no such intent. And I’m not sure how I can do that. I’m not sure if my existing k1 application is helpful or harmful in proving my lack of intent. 

I think you aren’t understanding- there was no immigrant intent deemed when he arrived in the US - if the officer felt your fiancé had immigrant intent at this visit he wouldn’t have been allowed in the country. 

[Mollie09 1,543]

5 hours ago, remotercharm said:

Our k1 interview was cancelled in London in March with no idea when it will resume.  My fiance has been in the US visiting me and will have to leave in about 6 weeks.  I know its risky but suddenly thought today maybe we should just get married and try to apply for AOS. My friend did it years ago (i know rules have changed since).  To make it clear there was zero intention of this on his visit.  And given the fact they won't or can't resume processing visas in the near future it seems like an obvious thing to do now he's here.  I know there is the 30/60 day rule, so could do it after the 60 day mark.  I guess the worry is whether they could process it in time.  If he gets banned forever because they think its a fraud or whatever, I wouldn't be hugely disappointed, and just go to the UK instead.  I'm not exactly sure how bad a denial would be on his chances of still getting the k1 interview.

 

*Not sure this is the best forum to post this question is but couldnt think of a better one.

No 30/60/90 rules. Intent was determined when fiance arrived, so if he's here you can go ahead and apply.

Marry whenever you want and apply for AOS if you'd like, but your fiance won't have AP/EAD and so won't be able to travel/work/drive for a while (~6mo before, closer to a year now)

Other option is to marry, leave, and apply for CR-1 instead, awaiting processing in Scotland, then move to the US when it's approved and be able to work/travel/drive immediately.

Last option (IMO) is to just go back an continue K-1 processing, in which case you'd have to apply for AOS anyways.

Edited October 6, 2020 by Mollie09

[remotercharm 31]

1 hour ago, Mollie09 said:

No 30/60/90 rules. Intent was determined when fiance arrived, so if he's here you can go ahead and apply.

Marry whenever you want and apply for AOS if you'd like, but your fiance won't have AP/EAD and so won't be able to travel/work/drive for a while (~6mo before, closer to a year now)

Other option is to marry, leave, and apply for CR-1 instead, awaiting processing in Scotland, then move to the US when it's approved and be able to work/travel/drive immediately.

Last option (IMO) is to just go back an continue K-1 processing, in which case you'd have to apply for AOS anyways.

There is a 90 day thing that the DOS recommends the USCIS use if one can't prove they didn't come in with dishonest intent: https://www.boundless.com/immigration-resources/90-day-rule-explained/

Intent can be ruled as being dishonest and you can be rejected.

 

Don't care much about the travel/work/drive issue.  

[Lucky2Lucky 2,526]

1 hour ago, remotercharm said:

There is a 90 day thing that the DOS recommends the USCIS use if one can't prove they didn't come in with dishonest intent: https://www.boundless.com/immigration-resources/90-day-rule-explained/

Intent can be ruled as being dishonest and you can be rejected.

 

Don't care much about the travel/work/drive issue.  

You have yet to site a source from USCIS. We are all aware of this "rumor law" here on VJ. If you have something to hide then your husband should go back to his country and wait for the processing of his visa. If you don't then adjust status. If you want to wait 90 days until your fiancé is out of status and deportable that is your call as well. 

[remotercharm 31]

1 hour ago, Luckycuds said:

You have yet to site a source from USCIS. We are all aware of this "rumor law" here on VJ. If you have something to hide then your husband should go back to his country and wait for the processing of his visa. If you don't then adjust status. If you want to wait 90 days until your fiancé is out of status and deportable that is your call as well. 

https://www.uscis.gov/policy-manual/volume-8-part-j-chapter-3#S-A-3