Withdrawing k1 and getting married on ESTA then AOS

[TheAmelie 9]

Hello everyone,

I’ve been watching the forum and topics as a quiet reader, now I need a help so I decided to join and ask. Me and my fiancé sent our k1 petition last December (2019), got approved by USCIS in May, and our case shows ready for an interview at the embassy in Brussels, Belgium. Anyways, as lots of you know, Belgium is travel banned country, they’re not processing visas and we don’t know when that will finally happen. I’m currently visiting my fiancé in the US for the holidays on ESTA and we are thinking of abandoning the k1 and getting married here and adjusting my status. I’ve read some topics and I saw people doing it. My question is, is that possible? 
is there a huge risk? 
I didn’t have an Intent to get married, I have return tickeT 

we still don’t know what we are going to do, we are just looking at this option now 

[Crazy Cat 39,233]

Legally, it is an option.  Be aware that you cannot work or leave/return to the US (without abandoning your adjustment) for, likely, 6-8 months after filing the I-485 package.  What kind of risk are you speaking of?

 

 

Edited December 9, 2020 by Lucky Cat

[TheAmelie 9]

40 minutes ago, Lucky Cat said:

Legally, it is an option.  Be aware that you cannot work or leave/return to the US (without abandoning your adjustment) for, likely, 6-8 months after filing the I-485 package.  What kind of risk are you speaking of?

 

 

Sorry I didn’t mention it, the risk I’m speaking of is the fact that I’m scared I won’t get the  green card, I’m worried they’ll deny me at the GC interview stage since we did this option. 

[Dashinka 23,245]

1 minute ago, TheAmelie said:

Sorry I didn’t mention it, the risk I’m speaking of is the fact that I’m scared I won’t get the  green card, I’m worried they’ll deny me at the GC interview stage since we did this option. 

People do this option all the time.  I would not worry about it, life changes, and decisions change.  If you can swing not being able to work or leave the US for several months, it is a legal option.

 

Good Luck!

[Crazy Cat 39,233]

1 minute ago, TheAmelie said:

Sorry I didn’t mention it, the risk I’m speaking of is the fact that I’m scared I won’t get the  green card, I’m worried they’ll deny me at the GC interview stage since we did this option. 

You will not be denied for opting for adjustment of status 

[TheAmelie 9]

1 minute ago, Lucky Cat said:

You will not be denied for opting for adjustment of status 

Might I get denied for coming here with pending k1 and getting married on ESTA? I mean for actual coming here with intention to marry? 

[Crazy Cat 39,233]

1 minute ago, TheAmelie said:

Might I get denied for coming here with pending k1 and getting married on ESTA? I mean for actual coming here with intention to marry? 

No.  

[Dashinka 23,245]

Just now, Lucky Cat said:

No.  

I agree.

[TheAmelie 9]

1 minute ago, Lucky Cat said:

No.  

I’m surprised. Then why people keep saying it’s a fraud and I might get deported? There is so many posts on k1 visa groups and people are freaking out when you mention this option. thank for your replies. 
Could you tell what are reasons people get denied at GC interview? 

[Crazy Cat 39,233]

16 minutes ago, TheAmelie said:

Might I get denied for coming here with pending k1 and getting married on ESTA? I mean for actual coming here with intention to marry? 

It is illegal to enter the US via ESTA with the intent to stay and adjust status.  You did not enter the US via ESTA with that intent.

Edited December 9, 2020 by Lucky Cat

[TheAmelie 9]

10 minutes ago, Lucky Cat said:

It is illegal to enter the US via ESTA with the intent to stay and adjust status.  This is not the case.

I mean, I didn’t have an intention to marry, just now we realized that this is taking forever and we’ve been waiting so long. I got it now, when I was going through immigration at the airport the CBP officer literally asked just two questions lol 

[Crazy Cat 39,233]

11 minutes ago, TheAmelie said:

I mean, I didn’t have an intention to marry, just now we realized that this is taking forever and we’ve been waiting so long. I got it now, when I was going through immigration at the airport the CBP officer literally asked just two questions lol 

As @Dashinka stated, situations change.   There is no reason to worry about changing your plan.

Edited December 9, 2020 by Lucky Cat

[Crazy Cat 39,233]

Step1:  Marry

Step 2:  Submit the I-485, I-131, I-765, I-944 package.

[TheAmelie 9]

7 minutes ago, Lucky Cat said:

As @Dashinka stated, situations change.   There is no reason to worry about changing your plan.

Thank you so much. I saw your replies on different topics about this kind of situation and I see you have a knowledge. Could you tell me what are the reasons people get denied at GC interview? Is there anything I should be worried in our situation? 

[Dashinka 23,245]

30 minutes ago, TheAmelie said:

I’m surprised. Then why people keep saying it’s a fraud and I might get deported? There is so many posts on k1 visa groups and people are freaking out when you mention this option. thank for your replies. 
Could you tell what are reasons people get denied at GC interview? 

A lot of folks probably assume things that are not there.  It is a very legal option, and people do it successfully everyday.  As to why a GC could get denied, I suspect the biggest reason (although I have no first hand knowledge) is not convincing the IO at the time of the interview that it is a bonafide marriage, so I would focus on commingling your marriage once that happens.

 

Good Luck!