kevlar

Great! Thanks for all the great advice and comments!

K

Hello Everyone and thanks in advance for the help and apologies if Im not providing enough information, presenting the question improperly or in the wrong forum. I am an American citizen by birth and my wife is Canadian.

You can see my original post here : K1 VISA, now Pregnant can we get Married Prior to Approval

My now Wife and I were going to file for a K1 Visa when she arrived here, shortly after we arrived here we had a happy surprise and found out she was pregnant and decided to marry earlier then originally intended.  Now she is currently in the country legally however her tourist visa will expire in a few days.  Im assuming we need to file for adjustment of status and the steps for a K3?  She is due in October so traveling is a no go at this time!  Sorry between the wedding, a death in family, and baby preparations its all been a whirlwind and trying to get everything sorted.

Please and thank you for the help!

K

6 minutes ago, cyberfx1024 said:

This is called visa fraud if you are in the USA  and actively planning a wedding then AOS. What they are referring to is if you all of a sudden get married at the courthouse or a quick wedding. Not a preplanned wedding that is bad and will raise scrutiny.

We planned on having a wedding AFTER the K1 went through, however, now she is pregnant and we want to marry sooner, hopefully here in the US within a month or so....  how does this fit into what you've said above?

Well, I'm not sure I 100% understand...

After the advice here, updated tentative plan below:

Plan on now having a wedding end of June (or earlier depending if we can find a place to do this in time), then after filing AOS, AP, and EAD all at once.

Given our back story does this sound like the right path?  We were going to follow the steps for K1 but with the surprise pregnancy want to have it sooner.

Just looked over the guide and the "warning" at the top has me shivering in my shoes:

"If you are already married, and your spouse came to the US on a tourist visa with the intent of immigration and marriage, then he/she should return to his/her home abroad, and the I-130 (or along with an I-129f for a K-3 Visa) should be filed with the relative outside of the U.S. to avoid denial, deportation, or even being banned from re-entry to the US."

Does this mean we should get married, then file the forms the day she leaves to go home to visit parents?  We can't file a AOS while she's here?  Also, after reading the above post that says she shouldn't leave until we receive AP, this all seems contradicting, and getting more confusing!  

Thanks again.

Kev

ok.

So we'll have a wedding in June, then file for AOS.  What exactly is the AP for? I only recall that term from movies so it's a bit confusing.

One more thing, my Fiancé is a bit concerned and doesn't want anything to go wrong and is strongly thinking we should contact a lawyer....is that really necessary? With a wedding and a little one on the way, I don't want to throw cash at a problem if its not necessary.

Thanks!

Kev

Just to clarify so I understand correctly, and apologies if this is a Newbie question (Im living up to my title on the website lol)....

We should get married as we now hoped to, in June, then file for AOS (adjustment of status).  What is the AP? I searched on the site but could not determine exactly what AP is, only found "Advanced Parole", which sounds scary.

Thank you everyone for such quick and helpful responses!  It really warms my heart to know so many caring and helpful people are out there...

So should we forgo sending the K1 altogether and just get married then send cr-1 visa?  

Should we be worried about her entering under a tourist visa on this visit? 

Thanks again!

Hello,

Ive read many of the posts here and I haven't seen one exactly like our situation (maybe I missed it) so I was hoping to get your opinion.

My Fiancé and I finished filling out our K1 forms and were prepared to send them in when we recently found out she is pregnant!  Due to the pregnancy, and family traditions we want to move our wedding date sooner.  We are concerned about submitting a K1 fiancé visa and getting married before it is approved.

Some back info: 

She is Canadian, I am American.

She's entered the country several times since we were engaged.  When asked during the first of her 3 entries into the US we mentioned that we were engaged and the agent gave us a hard time stating "how do we know you will leave?" and "whats keeping you in Canada", so US border gave her shorter and shorter stays (3 months, 2months, then 1 month) with each consecutive visit.  

We made sure she left on-time each time without fail.  During the most recent entry, we were coming in from a Costa Rica trip and they questioned us and we mentioned we just finished filling out our K1 visa and will be submitting shortly. The agent was very nice to us and gave her a full 6 months (until September 8th), we planned on getting married end of July (hoping the K1 went through) but now with the surprise baby we are thinking end of June.

What do we do!? We were always honest and upfront when crossing the border so they know we are getting married, etc. and we don't want to jeopardize anything. 

Also, we considered hiring a lawyer or contacting rapidvisa but are very open to suggestions.

Thanks in advance!

Kevlar