Can I get married while my K1 is pending?

[JD2 175]

18 minutes ago, graycat_ said:

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?

I don't know.  I would wager not since the rest of the section wasn't filled out.  My thinking is they probably get typos all the time so they know how to handle them but I'm just guessing.  Whatever you decide to do, good luck to you and congratulations.

Edited August 26 by JD2

[Starnexus 18]

Yes, you can marry a U.S. citizen and file I-485 while your K-1 is still pending. The pending K-1 doesn’t block you, but once you adjust through marriage the K-1 will just be administratively closed.

 

The question is entry intent. If CBP believed you were coming on a visitor visa to see your fiancé and return, and you marry and file AOS right after, it can look like misrepresentation. Timing matters. The longer you wait after entry, the easier it is to argue plans changed.

Order: marry first, then file I-485 package (with I-130). You don’t need to affirmatively cancel the K-1—it’ll die on its own once AOS is approved.

 

Lawyer: not required if case is clean (no overstays, no prior fraud, no criminal issues), but if you’re nervous about the visitor visa entry vs. immigrant intent angle, paying for a review consult is smart.