Applying for AOS after filing for K1?

[Zenchi 18]

My fiance and I applied for our K1 and received our NOA1 a few weeks ago. He has currently been in the US with me since April 4th. He is supposed to fly out on Sunday but after doing more research and realizing the Montreal embassy is over a year out for an interview plus the wait for the NOA2, we are seriously considering getting married and not having him leave the country. Aside from the difficulties in canceling his lease and whatnot in Canada, what potential repercussions could occur if he opts to stay. His I94 and travelers visa expire Oct 1st. What would you recommend? Thank you. 

[KayDeeCee 4,891]

Perfectly ok to change your mind and decide to get married right now. Don't know of any repercussions. If you entered without the intent to stay and then just changed your mind while here, then you are good. You can marry, and file the I-130 and AOS forms together. There is a guide here > https://www.visajourney.com/guides/i130-spouse-inside-usa/

 

 

Besides the issues of dealing with things in Canada while having to stay in the US while waiting, you will have to consider the fact that you will not be able to work either until getting your EAD/AP combo card.

[Ryan H 3,790]

Moved from What Visa Do I Need - Family Based Immigration forum to Adjustment of Status from Work, Student, & Tourist Visas forum.

[SalishSea 16,774]

On 7/9/2021 at 4:19 PM, Zenchi said:

My fiance and I applied for our K1 and received our NOA1 a few weeks ago. He has currently been in the US with me since April 4th. He is supposed to fly out on Sunday but after doing more research and realizing the Montreal embassy is over a year out for an interview plus the wait for the NOA2, we are seriously considering getting married and not having him leave the country. Aside from the difficulties in canceling his lease and whatnot in Canada, what potential repercussions could occur if he opts to stay. His I94 and travelers visa expire Oct 1st. What would you recommend? Thank you. 

Is he fine with not being able to work, even remotely, or come back into the US if he leaves, for 8-10 months?

[Zenchi 18]

8 minutes ago, Jorgedig said:

Is he fine with not being able to work, even remotely, or come back into the US if he leaves, for 8-10 months?

Yes. He is aware, as is his family, that he will be unable to work and cannot leave the country for quite a while.

[Zaraliaya 122]

As someone who did this last year, and now has the greencard in hand, you can totally do this if he's okay with being bored not working, or being able to leave the US until the AP comes in.

 

I was at the P4 stage of the whole process when Montreal embassy just closed back in March 2020. And came to visit in May, assuming by the time my trip was over (planned for August) it would be open and ready to go. I was wrong. Saw on this forum that people did AOS while and were fine -- I had no idea it was even an option at the time so I did not plan for it. So I stayed and adjusted. I told my work I was done(they kinda knew I was waiting on visa things, so was expecting it), and had my family mail most of my things to me.

 

For me, I had to mail Montreal to withdraw my petition (I never heard anything back though.) And the only thing that came up in the interview was he noticed I had an approved NOA1 and asked what happened, I explained it, and he was good with the reason -- it was the first time he had someone who did it so.

Edited July 11, 2021 by Zaraliaya

[USC4SPOUSE 506]

On 7/9/2021 at 7:19 PM, Zenchi said:

My fiance and I applied for our K1 and received our NOA1 a few weeks ago. He has currently been in the US with me since April 4th. He is supposed to fly out on Sunday but after doing more research and realizing the Montreal embassy is over a year out for an interview plus the wait for the NOA2, we are seriously considering getting married and not having him leave the country. Aside from the difficulties in canceling his lease and whatnot in Canada, what potential repercussions could occur if he opts to stay. His I94 and travelers visa expire Oct 1st. What would you recommend? Thank you. 

@Zenchi He can apply for jobs. Once he has a job offer, he can request to expedite the EAD/AP. USCIS approves such requests all the time and without evidence sometimes. Some people submit the request to expedite without having done biometrics. And that seems to trigger the biometrics appointment.

So it's not like he has to sit around for 8 months.