What should I do now?

[JBBJ 3]

Hi everyone,

My fiancé and I have been waiting for an interview for my K1 visa since last April. Our petition was approved in March and currently is at the US Consulate in Italy. 

As my partner is a member of the military, he was unable to travel to Europe regardless of travel restrictions. 

We decided I should travel to the US (I have an approved ESTA that I used before to visit my fiancé) to see him after being apart for 8 months, so i quarantined in a country outside the Schengen area for two weeks and then entered the US.

 

The day before entering the US I requested an appointment (under recent guidelines) to have my interview. Considering how he is a military member I was asked to submit evidence, including my passport. After a few weeks my request to have an interview was denied. In the meanwhile, cases in Europe have been increasing dangerously, so my fiancé suggested to talk to some lawyers to understand what kind of options we had, and they suggested to get married and file for AOS. 

 

At the same time, my fiancé was told that even though I was here, he was not going to be able to see me unless we got married due to military coronavirus related restrictions. 
I tried to request an appointment again, submitting evidence of the fact that my fiancé couldn’t see me unless we decided to get married. Again, I was told no.

 

Now, my partner wants to get married. I’m really undecided, but obviously afraid that if we don’t and I get back to Europe I will not be able to see him for a very indefinite long time. 

I’m aware that if we decide to get married and file for AOS I won’t be able to work and travel for a long period of time, and that actually doesn’t concern me much. I’m a university student and would be able to switch to online classes. I simply don’t want to have problems later on down the line when it comes to immigration. 
 

What should I do? 

 

Thank you in advance. 

Edited October 19, 2020 by JBBJ

[payxibka 10,044]

14 minutes ago, JBBJ said:

Hi everyone,

My fiancé and I have been waiting for an interview for my K1 visa since last April. Our petition was approved in March and currently is at the US Consulate in Italy. 

As my partner is a member of the military, he was unable to travel to Europe regardless of travel restrictions. 

We decided I should travel to the US (I have an approved ESTA that I used before to visit my fiancé) to see him after being apart for 8 months, so i quarantined in a country outside the Schengen area for two weeks and then entered the US.

 

The day before entering the US I requested an appointment (under recent guidelines) to have my interview. Considering how he is a military member I was asked to submit evidence, including my passport. After a few weeks my request to have an interview was denied. In the meanwhile, cases in Europe have been increasing dangerously, so my fiancé suggested to talk to some lawyers to understand what kind of options we had, and they suggested to get married and file for AOS. 

 

At the same time, my fiancé was told that even though I was here, he was not going to be able to see me unless we got married due to military coronavirus related restrictions. 
I tried to request an appointment again, submitting evidence of the fact that my fiancé couldn’t see me unless we decided to get married. Again, I was told no.

 

Now, my partner wants to get married. I’m really undecided, but obviously afraid that if we don’t and I get back to Europe I will not be able to see him for a very indefinite long time. 

I’m aware that if we decide to get married and file for AOS I won’t be able to work and travel for a long period of time, and that actually doesn’t concern me much. I’m a university student and would be able to switch to online classes. I simply don’t want to have problems later on down the line when it comes to immigration. 
 

What should I do? 

 

Thank you in advance. 

Get married and AOS if that is what you want 

[JBBJ 3]

1 minute ago, payxibka said:

Get married and AOS if that is what you want 

Thank you for your response. Is it common to have problems by adjusting from an ESTA? 

[payxibka 10,044]

Just now, JBBJ said:

Thank you for your response. Is it common to have problems by adjusting from an ESTA? 

No.  What causes the most problems is related to the evidence (or lack thereof) of a bonafide marriage not what status you are adjusting from 

[JBBJ 3]

3 minutes ago, payxibka said:

No.  What causes the most problems is related to the evidence (or lack thereof) of a bonafide marriage not what status you are adjusting from 

Okay, that makes sense. Thank you. If we decided to get married, should I send en email to the Consulate saying that we would want to withdraw the I-129F petition? 

[payxibka 10,044]

2 minutes ago, JBBJ said:

Okay, that makes sense. Thank you. If we decided to get married, should I send en email to the Consulate saying that we would want to withdraw the I-129F petition? 

It shouldn't matter as the petition has been approved but is advisable for the USC to do so.  

Edited October 19, 2020 by payxibka

[Aleshere 0]

Question: I always thought that you should not use an ESTA and get married, unless you can demonstrate that you had no intention to marry while entering the USA. 
Given that you filed for a K visa already (hence someone proposed already), won’t you be in trouble with immigration later on at the post AOS interview ?

 

 

[JBBJ 3]

48 minutes ago, Aleshere said:

Question: I always thought that you should not use an ESTA and get married, unless you can demonstrate that you had no intention to marry while entering the USA. 
Given that you filed for a K visa already (hence someone proposed already), won’t you be in trouble with immigration later on at the post AOS interview ?

 

 

I had no intention to get married when I entered and I have indeed evidence to prove it, the lawyers I talked to said that having a K1 visa does not matter as especially during this period circumstances change quickly. But perhaps @payxibka would be able to provide a better informed answer. 

[payxibka 10,044]

53 minutes ago, Aleshere said:

Question: I always thought that you should not use an ESTA and get married, unless you can demonstrate that you had no intention to marry while entering the USA. 
Given that you filed for a K visa already (hence someone proposed already), won’t you be in trouble with immigration later on at the post AOS interview ?

 

 

Entering to solely get married is NOT a problem.  It's entering a preconceived plan to circumvent the immigration process by attempting to gain residency status is the problem.   The US does NOT require a special visa to simply get married like the UK does. 

[Co6aka 17]

I would think that you having pursued the "proper route" pre-COVID demonstrates clear intent to NOT circumvent the immigration process.  Plus, because of the pandemic, and your other half being a USC and a member of the military, I don't imagine USCIS even raising an eyebrow.  Tie the knot and get on with your new life together!!!

Edited October 21, 2020 by Co6aka