Withdrawing k1 and getting married on ESTA then AOS

[HRQX 4,145]

1 minute ago, Ross Watkins said:

Each couple has the right to make their own decision...

Yes, but an informed decision is based on relevant facts not legally baseless fear mongering spread by the USCIS misinformation line.

[Dashinka 23,282]

5 hours ago, Ross Watkins said:

again noted...but as someone who was on the receiving end of the 'advice' from USCIS and a Immigration lawyer, the perceived risk and stress was to high for us.   Each couple has the right to make their own decision...as we did.  Good night!

That is the thing, every couple has to make their own decisions.  Not everyone can drop everything, move around the world and spend several months waiting for the slow USCIS processes.  Alternatively, people should be aware of all their legal options which is why a service like VJ with many experienced members have researched and witnessed the process.  Immigration in general is stressful especially when it is family based and deals with immediate relatives.  The simple fact is that immigration lawyers and USCIS phone reps are not the end all of the information out there.

[Crazy Cat 39,350]

9 hours ago, Ross Watkins said:

again noted...but as someone who was on the receiving end of the 'advice' from USCIS and a Immigration lawyer, the perceived risk and stress was to high for us.   Each couple has the right to make their own decision...as we did.  Good night!

Ask that attorney how many people have been denied adjustment of status or "booted out of the country" for applying for adjustment of status after entering the US via ESTA.  I have seen exactly ZERO here since 2016.  I'd say the risks are basically non-existent. In fact, the subject just doesn't come up during the interview.  There are many members here who have entered via ESTA and later successfully adjusted status after a change in circumstances.  

It is true that adjustment is not allowed after entering via ESTA.....except it does not apply to immediate relatives of US citizens.

Edited December 16, 2020 by Lucky Cat

[TheAmelie 9]

20 hours ago, Ross Watkins said:

Simply, don't do it on an ESTA.  USIC will see it as 'backdoor' entry and you will not be granted your 1-130 and possibly fined and removed from the US along with a 5 year ban.   We looked deeply at this mid year and was given 2 different stories for junior USCIS officers, we were concerned at the inconsistencies & finally got to a senior USCIS and they were quite firm.   Coming in on an ESTA and getting married, whether or not it was intentional is viewed as going outside the ESTA rules and is seen as trying to short circuit the system.    We finally got an expedited interview due to hardship and was granted the K1 that way.    Hang in there, things will change under Biden.     Good luck its worth the wait. 

Let’s be honest, applying for a k1 visa is not a safe spot either. I’m on many k1 visa groups and I saw denials of visas or AoS after coming to the US on k1. I still remember some post that a man from Guatemala or Honduras, not sure which one, got denied AoS after coming on k1 because the officer didn’t believe the relationship was real, I saw people going to the interview and being denied for some reasons you wouldn’t think it’s a reason to be denied but turns out they couldn’t get this visa. We applied for k1 last December and there is no end in sight, I came here to visit my fiancé and his family an we’ve been talking about all our options. Also, I wouldn’t be so sure about Biden changing things right away, he has more important things to care about first. Travel ban might stay in place  till we all get vaccinated. We don’t know anything. 
 

Im very thankful for all the VJ members who assured me that’s totally fine to adjust status after being literally roasted by some extremely rude people on Facebook. 
 

[TBoneTX 43,175]

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