Hi all,
Hope everyone is well in these uncertain times.
Just to give some core information:
I arrived to US on March 25th with an ESTA to visit my fiance after not seeing each other for a year.
We are in process of applying for K1 visa. We just received our NOA2 approval last week in the mail. HURRAH!
I am with UK embassy and they are not doing K1 visas at the moment so I am in the middle of changing embassy to the one in Hong Kong as I have legal residency visa there until October and they are supposedly still running operations as normal.
I have sent a request on NVC public inquiry form and mailed a letter to Hong Kong's embassy following their advice on their website for changing embassies.
After receiving the NOA2, I have been following and reading on lots of forums here on VJ and I saw that many people are marrying whilst on their respective visas and filing for AOS.
In terms of money and travel, we are aware that I would be unable to leave the US nor work until EAD/AP is approved.
I am unemployed and the past year has simply been me visiting my family in Hong Kong and spending time with them whilst waiting for the K1 to pend.
I am here currently visiting to minimise the time we have to spend apart during the K1 application and after marrying with K1, we plan to file for AOS.
We are so close to the end of the K1 visa process now that we are unsure if it's best to return back to Hong Kong (if the embassy change happens, if not will have to wait for UK to resume their visa procedures) to continue the K1 with the medical/interview and then return back to the US to file for AOS.
Or marry now that I am here and file for AOS, I have seen numerous members say that this is perfectly legal however the only issue is that we would be abandoning an ENTIRE K1 process.
Our questions are:
1. Which is the best option for us? Stick with the K1 or marry now and file for AOS ?
2. Would having a pending K1 affect AOS from esta? - in terms of the way USCIS views it as marriage intent etc
Our only goal is to be together as soon as possible legally and without a risk of being denied.
It would be devastating if anything were to happen with our applications and we have to be apart indefinitely again.
(If we had a time machine, We definitely would have married during my last visit here and filed for CR1 spouse visa instead, we went the K1 route as we thought it would be a shorter timeframe being apart from one another however Covid-19 has really thrown some life curveballs at all of us)