Can I get married while my K1 is pending?

[graycat_ 0]

Hi, everyone.

I am here to seek advice on our case.

 

My fiancé filed a K1 petition for me in early March (case still pending).

 

In June, I applied for a travel visa to see his graduation defense. I came to the US at the end of July. The customs officer asked where I was going, what I planned to do in the US, and when I would return to my home country. I didn’t hide the fact that I was visiting my fiancé. I told the officer that I planned to see my fiancé’s defense, meet our friends, go back to his family’s city to see them, and then leave the US around the end of August. The officer then granted me a 6-month stay.

 

Now we want to get married and adjust my status in the US. I feel bad because we already spent money and time on the K1 process. 

However, our situation has changed:

1. After I entered the US and spent some time here, we re-checked the processing time on the website and realized that the K1 timeline has become longer since May. When we applied in March, the information made us estimate that our case would likely be processed around August, and we had been planning to get married in November or December this year. But after checking again recently, we saw that the waiting period has extended significantly.

2. Now my fiancé is working in the state where his family lives, under a one-year contract. We feel it would be simpler and easier if we marry and adjust status here later this year, while his family can attend our ceremony locally. Otherwise, if I can only get the K1 visa the next year, my fiancé may be working in another state, and we would either have to travel back for a ceremony or ask his family to travel to wherever we are.

 

I would like to know:

1. Can we get married  and adjustment of status while our K1 is still pending?  Would the K1 case means that I had immigration intent (but I didn’t have this when entering the state this July)?
2. If yes, what is the correct order — should we marry first and then cancel the K1, or cancel the K1 before marrying?
3. Would it be advisable to hire a lawyer for this process?

 

Thank you very much for your help.

[Scandi 4,330]

You had immigration intent when you entered the US in July, since you filed a i-129f in March. 

In today's political climate, I wouldn't take the chance. It's up to you to decide what you want to do, it's not entirely black and white.
It's still not illegal to enter without intent and then change your mind and stay.

But in your case you did have immigration intent since you had already filed long before you entered the US.

USCIS are likely stricter now than last year, so while intent can be determined by CBP, USCIS may very well be able to re-examine it when they notice your i-129f petition. 

Edited Monday at 10:14 PM by Scandi

[Crazy Cat 45,044]

12 hours ago, Scandi said:

But in your case you did have immigration intent since you had already filed long before you entered the US.

 

And the OP specifically told CBP that they were going to leave in August.  CBP granted the OP entry, in part, based on that statement, imo.  USCIS has recently stated that there will be increased vetting of ALL Green Card applicants.  What that means is not completely clear to me.  This is a tricky one.  There was one case I remember, a few years ago, where a spouse was admitted via a tourist visa.  She was questioned by CBP, and she said she would not submit an I-485 to adjust status because she was just visiting her husband.  She changed her mind later and filed one.  Later, during the Adjustment of Status interview (which ALL applicants now have), USCIS denied her AOS due to misrepresentation.  I never heard the final outcome.

You're right.  It's not black and white anymore.  It might be worth consulting a couple immigration attorneys.  I just don't know what the risk is in this particular case.  I think I would either stick with the K-1 or marry and start the spousal visa process.

Edited Tuesday at 11:12 AM by Crazy Cat

[Cw1977 195]

1 hour ago, graycat_ said:

Hi, everyone.

I am here to seek advice on our case.

 

My fiancé filed a K1 petition for me in early March (case still pending).

 

In June, I applied for a travel visa to see his graduation defense. I came to the US at the end of July. The customs officer asked where I was going, what I planned to do in the US, and when I would return to my home country. I didn’t hide the fact that I was visiting my fiancé. I told the officer that I planned to see my fiancé’s defense, meet our friends, go back to his family’s city to see them, and then leave the US around the end of August. The officer then granted me a 6-month stay.

 

Now we want to get married and adjust my status in the US. I feel bad because we already spent money and time on the K1 process. 

However, our situation has changed:

1. After I entered the US and spent some time here, we re-checked the processing time on the website and realized that the K1 timeline has become longer since May. When we applied in March, the information made us estimate that our case would likely be processed around August, and we had been planning to get married in November or December this year. But after checking again recently, we saw that the waiting period has extended significantly.

2. Now my fiancé is working in the state where his family lives, under a one-year contract. We feel it would be simpler and easier if we marry and adjust status here later this year, while his family can attend our ceremony locally. Otherwise, if I can only get the K1 visa the next year, my fiancé may be working in another state, and we would either have to travel back for a ceremony or ask his family to travel to wherever we are.

 

I would like to know:

1. Can we get married  and adjustment of status while our K1 is still pending?  Would the K1 case means that I had immigration intent (but I didn’t have this when entering the state this July)?
2. If yes, what is the correct order — should we marry first and then cancel the K1, or cancel the K1 before marrying?
3. Would it be advisable to hire a lawyer for this process?

 

Thank you very much for your help.

even if this is approved, you realise this will mean you cannot leave the US for many many months. Do you not have anything back home that you have left and is waiting for you? Job? Car? Rent? Pets etc

 

 

[Cathi 5,872]

Not a chance I would be willing to take with the current political climate and administration. 

[Boiler 47,763]

Even my favourite YT Lawyer is going against this and he used to be all in.

[JD2 159]

If I understand you correctly, the timing of your wedding is the primary concern?  You could get married and file an I-130 then consular process.  You could do a simple court marriage now to get the I-130 going then do the big wedding later this year.  I think you should have plenty of time on your visitor visa if you entered late July.  You'd have to withdraw the I-129F after getting married.  You can continue to visit while the I-130 is processing but it will most likely be a longer process than continuing with the K-1 but it also has some benefits.

[Scandi 4,330]

In the end, when you choose the K-1 visa instead of the CR-1 visa, the wedding ceremony is not important. It really isn't.
You can't put yourself in a potentially devastating situation with the immigrations just because you want to get married on a certain date or just because its' "inconvenient" to travel within the country to be with family. Those are very, very minor issues in the grand scheme of things. 

Edited Tuesday at 03:36 AM by Scandi

[Daphne . 2,106]

I don’t know which country you are from, but you were lucky enough to get a tourist visa approved with a pending K1, meaning they trusted you that you wouldn’t use (abuse) it to skip the immigration process. The CBP officer trusted you when they let you in, so don’t confirm the bias that consulates and CBP officers already need to have by now adjusting status from a tourist visa.  

Edited Tuesday at 03:19 PM by Daphne .

[graycat_ 0]

20 hours ago, JD2 said:

If I understand you correctly, the timing of your wedding is the primary concern?  You could get married and file an I-130 then consular process.  You could do a simple court marriage now to get the I-130 going then do the big wedding later this year.  I think you should have plenty of time on your visitor visa if you entered late July.  You'd have to withdraw the I-129F after getting married.  You can continue to visit while the I-130 is processing but it will most likely be a longer process than continuing with the K-1 but it also has some benefits.

Thank you for your advice. Staying in the U.S. on my tourist visa and then returning home for consular processing could be an option for us! This would also allow us to spend some time with his family during the holidays. However, I’d like to know—would it be a problem if I stay longer than I originally planned, as long as I leave before my authorized stay ends? Could this affect my visa interview back in my country?

[graycat_ 0]

23 hours ago, Cw1977 said:

even if this is approved, you realise this will mean you cannot leave the US for many many months. Do you not have anything back home that you have left and is waiting for you? Job? Car? Rent? Pets etc

 

 

Yeah, I was thingking about that too. Those time we would have to wait for work permit and case approval... I used to work in the state, and since I left, I haven’t been back in my home country for very long. My current work is a bit unusual—our monthly workload isn’t fixed, and the days off I have in August comes from all the extra hours I worked earlier. Normally, September marks the start of a new quarter for my company, and last year I was already assigned my September and October workload by late August. But this year, that hasn’t happened yet, which is another factor that has made my situation a little different.

[JD2 159]

1 minute ago, graycat_ said:

Thank you for your advice. Staying in the U.S. on my tourist visa and then returning home for consular processing could be an option for us! This would also allow us to spend some time with his family during the holidays. However, I’d like to know—would it be a problem if I stay longer than I originally planned, as long as I leave before my authorized stay ends? Could this affect my visa interview back in my country?

Double check your I-94 and leave before your authorized stay and you'll be fine.  https://i94.cbp.dhs.gov/home. People change plans all the time.  In the I-130, there's a section for if you are inside the United States, you fill that out BUT you do not select adjustment of status, you say you want to consular process and write in the consulate that handles immigrant visas in the home country.

[graycat_ 0]

On 8/25/2025 at 5:36 PM, Crazy Cat said:

 

And the OP specifically told CBP that they were going to leave in August.  CBP granted the OP entry, in part, based on that statement, imo.  USCIS has recently stated that there will be increased vetting of ALL Green Card applicants.  What that means is not completely clear to me.  This is a tricky one.  There was one case I remember, a few years ago, where a spouse was admitted via a tourist visa.  She was questioned by CBP, and she said she would not submit an I-485 to adjust status because she was just visiting her husband.  She changed her mind later and filed one.  Later, during the Adjustment of Status interview (which ALL applicants now have), USCIS denied her AOS due to misrepresentation.  I never heard the final outcome.

You're right.  It's not black and white anymore.  It might be worth consulting a couple immigration attorneys.  I just don't know what the risk is in this particular case.  I think I would either stick with the K-1 or marry and start the spousal visa process.

Thanks for your reply! With my fall workload still unassigned and the changes in my situation, I’m wondering if I can stay in the US a bit longer (still leaving within the 6-month limit). During that time, we might either get married and switch to the CR1 route, or continue with the K1 process. My fiancé especially hopes that, with me here, he can spend holidays together with his family, since he hasn’t been able to do so for many years.

 

Would staying longer than I originally planned (but still within my authorized stay) cause any problems? Could it affect my visa interview back in my home country?

[graycat_ 0]

42 minutes ago, JD2 said:

Double check your I-94 and leave before your authorized stay and you'll be fine.  https://i94.cbp.dhs.gov/home. People change plans all the time.  In the I-130, there's a section for if you are inside the United States, you fill that out BUT you do not select adjustment of status, you say you want to consular process and write in the consulate that handles immigrant visas in the home country.

Thank you. Speaking of fill out "if you are inside the United States", when we were filling our i129f, we accidentally chose "yes" to that question. I was not in the state in March, will this cause RFE on our k1 case?

[Cw1977 195]

16 minutes ago, graycat_ said:

Thanks for your reply! With my fall workload still unassigned and the changes in my situation, I’m wondering if I can stay in the US a bit longer (still leaving within the 6-month limit). During that time, we might either get married and switch to the CR1 route, or continue with the K1 process. My fiancé especially hopes that, with me here, he can spend holidays together with his family, since he hasn’t been able to do so for many years.

 

Would staying longer than I originally planned (but still within my authorized stay) cause any problems? Could it affect my visa interview back in my home country?

so long as you leave before your date permitted, you’re fine. That won’t impact your interview.