I’m Visiting USA on a tourist visa while K1 visa is pending, can I get married?

[Lindii 1]

I’m visit g my fiancé in the USA while we wait for the K1 visa to go through. Question, can we get married and change the status to a bridging bisa while I’m here and cancel the k1 visa?

this was not our intent to marry  but I’ve been her 2 months now and we’ve heard nothing of our k1 visa being processed and it’s been over a year since we submitted the paperwork.

Please give me your thoughts? Is this legal?would I then be able to stay and adjust status?

has this ever been done before? Thanks in advance.

Lindii

[Chancy 6,241]

*** Moved from Tourist Visas forum to AOS from Work/Student/Tourist Visas forum ***

 

4 minutes ago, Lindii said:

can we get married and change the status to a bridging bisa while I’m here and cancel the k1 visa?

 

No such thing as bridging visa.  Just get married, file your I-130/I-485 package, then cancel the I-129F.  It is legal for you to do so, since you are currently in the US.  Many other members who post in this sub-forum successfully adjusted status from tourist visa entry.

 

[Lindii 1]

So what happens when we apply for the I-130 in regards to the ESTA visa I’m here on?

What if it lapses? Will they grant me another visa until the i130 is processed?

 

[Lindii 1]

6 hours ago, Lindii said:

I’m visiting my fiancé in the USA while we wait for the K1 visa to go through. Question, can we get married and change the status to a bridging Visa while I’m here and cancel the k1 visa?

This was not our intent to marry  but I’ve been her 2 months now and we’ve heard nothing of our k1 visa being processed and it’s been over a year since we submitted the paperwork.

Please give me your thoughts? Is this legal?would I then be able to stay and adjust status?

Has this ever been done before? Thanks in advance.

Lindii

 

[Verrou 1,962]

11 hours ago, Lindii said:

So what happens when we apply for the I-130 in regards to the ESTA visa I’m here on?

What if it lapses? Will they grant me another visa until the i130 is processed?

 

ur esta is unrelated to ur i-130

who is they ? uscis didnt / cant grant esta.

once u are doing adjustment of status, u cant leave the US until u received ur advanced parol. 

Edited June 30, 2022 by Misscloud

[carmel34 3,639]

20 hours ago, Lindii said:

Please give me your thoughts? Is this legal?would I then be able to stay and adjust status?

It's legal if there was no intent to do so upon entry to the US.  Be aware of the long wait for work and travel authorization once you are married, have a marriage certificate in hand, and a proper adjustment of status package is filed with all required forms and documentation.  Those who stay and adjust status face many, many months of not being able to leave the US and not able to work, so think it through carefully before making a decision.

[Chancy 6,241]

On 6/29/2022 at 8:40 PM, Lindii said:

So what happens when we apply for the I-130 in regards to the ESTA visa I’m here on?

What if it lapses? Will they grant me another visa until the i130 is processed?

 

If you want to stay in the US after getting married, then your I-94 duration will lapse.  You will overstay and your ESTA privilege will be gone.  That's a consequence of adjusting status that you will just have to accept if you choose to go down this path.

 

To be allowed to stay in the US beyond your I-94 expiry date, you must file an I-485, along with the I-130 from your spouse-to-be.  After the I-485 is properly filed and accepted, you will be granted "authorized stay" in the US.  You do not get a visa after filing I-130 & I-485 inside the US, as visas can only be granted from outside the US.  The I-485 receipt notice from USCIS will be your proof that you are authorized to stay in the US while your I-485 application is pending.

 

If you leave the US while your I-485 is pending, you will not be allowed back in, unless you have Advance Parole (AP) or a new visa.  To get AP, file I-131 with your I-130/I-485 package.  Also file I-765 to get your work permit.  Check out VJ's guide below --

 

 

Edited July 1, 2022 by Chancy
clarification

[Lindii 1]

Thank you so much for your response, it’s been extremely helpful!