Crazy Cat

You can try. Good luck.

What country? Anyone can apply for a B2, but a pending K-1 indicates immigration intent......and it could signal that the applicant is trying to usurp the K-1 wait. A denial would have no impact on a K-1.

Typical liberal policy...no forethought and no consideration of unintended consequences

The 16 year old cannot immigrate with the parents. There are no derivatives for relatives of US citizens. One of the parents will have to petition the children after they have Green cards. If your wife petitioned the 16 year old or any of the siblings, it would take a couple decades for them to immigrate. Siblings who were petitioned in 2006 (Philippines) are just now becoming current. I wish there was better news.

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This is an interesting discussion......

"Authorized Stay" has always been a policy...subject to change with the stroke of a pen. A change could eliminate almost all Adjustments of Status..........I want more clarification....

Maybe so. I am not surprised. So, If that is true, how does anyone maintain lawful status until an I-485 is adjudicated? Even a K-1 entrant is out of status after 90 days?

It is not very clear, to me, as to what the changes are.

That has always been the case. An I-130 is a petition......An I-485 is an application. I see no mention of a policy change removing "authorized stay". https://www.uscis.gov/policy-manual/volume-7-part-b-chapter-3#S-E [^ 17] See INA 212(a)(9)(B) and INA 212(a)(9)(C). Those in a period of stay authorized are protected from accruing unlawful presence. For example, an alien whose adjustment of status application is pending is in a period of stay authorized and does not accrue unlawful presence. However, although an alien is in a period of stay authorized, it may be that the alien is in unlawful status. See Section E, Effect of a Pending Application or Petition [7 USCIS-PM B.3(E)].

That isn't very clear as to what it really means. "Petitioners and alien beneficiaries should be aware that a family-based petition accords no immigration status nor does it bar removal.” That sounds like I-130s.....which have never conferred any protection.

Link? If that is true (I haven't seen it), that means the Att General or DHS Secretary has changed the policy which grants authorized stay until adjudication of the I-485. What about a K-1? An immediate relative of a US citizen would have to dodge deportation until the Green Card was approved.

I believe Kansas is one of those states affected by the December 2024 ruling involving DACA and some other status holders. I think awaiting AOS is one of them (if I understand it correctly). Those affected are not eligible for Marketplace . Expert consultation recommended.

I have been here on VJ for more than 9 years. I have seen a significant number of K-1 couples say they should have gone the CR-1 route. I have not seen any spousal visa couples say they regret having done so. Choosing which option is such an important decision. Every couple has their own priorities, and everyone should be as fully informed as possible about both options, imho.

It could require multiple waivers.

If this is before a K-1 visa is issued, I wouldn't allow any formal dress, wedding dress, cake, or anything which appeared to be a marriage ceremony. I would also be very selective of any pictures used as evidence of meeting or continued relationship. For a K-1, the average time from submission of the I-129f to visa interview is a year (as reported by other VJ members). The beauty of the CR-1 is that you can officially marry anywhere in the world, then have all the celebrations you want afterwards. Right now, the average time from starting the CR-1 process to visa interview is 20 months as reported by other Visa Journey members. Upon entry into the US the foreign spouse becomes a Green Card holder and can work and/or travel outside the US immediately. With a K-1, it could easily take a year to obtain a Green Card after entry into the US. The day a person becomes a Green card holder, starts the clock for US citizenship.

Keep in mind that visiting each other is allowed during the process (at the discretion of CBP, of course).

Welcome to the forums. Visa Journey is the best place for accurate immigration info. We are here to help. With the increased scrutiny of all visas right now, I would avoid any ceremony which could be subjectively interpreted as a wedding prior to the official marriage inside the US. "Too married for a K-1" is a real thing. Realistically, you could travel back to France for a celebration 3 to 6 months (possibly a little longer) after applying for advance parole (I-131) and Adjustment of Status. It would be terrible to get to the interview stage before finding out. Personally, I wouldn't take the risk. The US immigration system requires a great deal of knowledge, planning, time, patience, and a significant amount of money. Visa Journey can help with some of those. Of course, another option is the spousal visa.

Me: "Tell me you aren't from the south without telling me you aren't from the south." CEO: "OK, we'll make Cracker Barrel look like an IHOP inside. We'll even use discarded Dennys signs on the outside."

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***Travel Spammer detected, rejected, and EJECTED!!!****

***Moved to What Visa Do I Need***

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To clarify, the question I referred to was "Can I use my married name and new signature when submitting these forms,". USCIS allows any combination of names on the marriage certificate. Many, many people change their last name based on the marriage certificate.