taknev

K-1 doesn't currently have any longer of a wait at the Canada Montreal Consulate. It used to be pretty bad, now it's just a normal wait of a few months with the P3 and P4 process. 
Spousal though is overall better for all the options above stated by Crazy Cat. I doubt your lawyer said that to skew your options or screw your over, at least the incorrect wait part, as not very long ago it was taking 8 months for an interview. It cleared up around the time I had my interview actually, and has remained steady. Its pretty common for lawyers to be behind on their information, as they are basing their information typically off recent clients, and not always current experiences. Means they miss out on a lot of information

This is not to discredit the advice of going the I-130 spousal route, as I would opt for that if it had been an option for me due to all the benefits it has. 

 

Those folks just won't apply for N-400 if this was the case.

Your post makes no sense. You are still Indian and entered on an Indian passport. There's nothing to change.

I second this. If u haven’t done it yet, just wait until n-400. More cost effective 

The least painful process for you to change the name is during N-400 application when you apply for naturalization.
 
I-90 takes a long time nowadays, and you may not get your conditional Green Card replaced before you need to file I-751.
 
Also, think about your Indian passport. You are required to change your name on it. How easy would that be?
 
Summary: I'd suggest waiting until you file N-400. You'll become a US citizen with new name and will lose your Indian citizenship at the same time, so wouldn't have to worry about renewing your Indian passport.

Yeap already booked an appointment on the 19th. Thanks! 

I think it's time to get a fresh medical exam done to save time. It's valid for 6 months.

Field office: Denver, CO. Hello everyone, we had our K1 AOS interview  on Oct. 13, 2022. It was more like a regular conversation than an actual interview. Questions were primarily focused on when we got married, where we got married, my parent's name (to her) and the officer typed whatever we said into the computer (she asked to describe our relationship). She found out that the consulate forgot to send them the medical (or maybe they did and it got lost in transit) so she said she will issue us an RFE for medical. It was pretty relaxing, except for the long wait in the waiting room waiting for an officer to call us.

She can interview in Canada as long as she is legally present there.

Is your wife intending to stay and live in the US?  If so, she cannot use ESTA to travel to the US with intent to stay and adjust status.  That would be fraud.  As others have mentioned, she would need a spouse visa to migrate to the US.  You would need to file an I-130 petition for her to start the spouse visa process.
 
If your wife just wants to visit the US then return to Australia within 90 days, she may try applying for ESTA.  But if she stayed longer than 90 days in the US after her entry with K1 visa, she will need to declare that overstay on her ESTA application which will likely be denied.
 

She entered on a K-1 visa, which has definitive conditions attached to it.  Her immigrant status is "K-1 visa entrant" and not "Australian tourist on the Visa Waiver Program."

I don't see how somebody would get something out of it unless you gave them some personal information during the call that could be used to steal your identity. I would go.

Most people here do it themselves 
 
 

Even though there are more red flags in this case than I can count, I can’t help but think that she will probably get away with it and you are able to provide her with the grand prize she was after. At this point, I am not even sure if/when USCIS even looks into these cases.
 
Maybe it’s the heat, but I am starting to lose my faith that these (pretty obvious) cases of immigration fraud actually get noticed.. It just gets me down.. So many of us here had to jump through all the hoops and be patient in order to do this right, while others just play the system and get away with it.
 
I have no advice for you, you seem to be very aware of what is happening and no matter what we would tell you here, you will most likely continue with the process, so what do you want us to say really? Our remarks/questions will be answered with a “Yes, but…”, so we are not adding any real value here. Nobody here wil help you to justify what is happening..

Thank you so much! 

I’m not in Colorado, and all states vary, but in response to your over-arching question, yes, I got my DL with expired i94 (after K1 entry) and AoS i797, so it is technically possible. Good luck! 

Good news. Colorado does comply with the REAL ID act better than most states.
 
Per https://dmv.stg.colorado.gov/sites/dmv/files/DR2300B_0.pdf your I-797 from your I-485, your marriage certificate, and your I-94 showing a K status of entry will get you a drivers license.
 
The other bonus is that your road test should be waived because Colorado has a reciprocal agreements with the provinces. 

Depends on your specific situation. For me personally, I regretted going the K-1 route, should definitely have chosen the CR-1 instead. But now, several years later, it obviously doesn't affect my life in any way. It only affects a short period of your life (which still CAN be a huge deal depending on your situation).

One thing I have learned is that people who are just starting out value speed over all other benefits. I don't know if it is because they are in a honeymoon phase and are anxious to be united with their new love asap. 
 
I joke with my friends irl on how the K1 is like the sports car you've always wanted as a kid. Nevermind that it is expensive, has horrible gas mileage, uncomfortable and impractical for every day use, and cost a lot of money to maintain...you just want it because it goes fast. 

Hi, I moved to the US from Canada and the second form is exactly what I used for my Canadian police clearance certificate under privacy act. Disregard the first one.

It is not a silly question.  It is one of the major drawbacks of a K-1 and/or adjusting status.  It seems many people place little concern on the front end, then anguish during this "limbo" period.  It is worth mentioning.  

Here's our AOS dates. Wife came with K1 in Jan. We married in Feb. 
 
March 9 - Sent I-485 Packet and I-765 Packet.
March 11 - I-485 and I-765 Received (Receipt Notice date)
March 18 - Biometrics appointment scheduled for April 12
April 12 - Biometrics done ; I-765 status changes to actively reviewing case to producing card in the same day; I-485 status changes to actively reviewing then interview scheduled ( May 16 ) in the same day.
April 15 - EAD Card Produce
April 18 - EAD Card delivered and in hand
May 16 - Interview done ; no verbal confirmation of being approved or not. 
May 17 - I-485 Case Approved
May 19 - Green Card Produced and picked up by USPS
May 23 - According to USPS tracking, Green Card will be delivered on May 23. 
 

When you enter the country on a tourist visa, you're going to be asked questions about whether or not you plan to stay in the United States past the end of your tourist visa.  (I'm not familiar with the paperwork you fill out for a tourist visa, but I bet there are questions on it about whether you plan to stay.)
 
You are expected to answer the questions honestly.
 
If you come in on a tourist visa with the intent of staying and filing for AOS, you're breaking the law.  And if you should get caught, not only will you leave the U.S. but you may incur a ban that prevents you from returning to the United States for several years.  And every time you try to enter the U.S. afterwards, there will be an indicator on your file with USCIS that you lied to them at one point.
 
If you're willing to commit fraud just to avoid the wait, there's nothing that anyone here can say to stop you.
 
Regards,
Vicky's Mom
 

Can someone add "Calgary" option to the POE drop-down list box?  Thanks for the help in advance! 

After reading all your posts, I think your chances of getting a student visa are zero.
 
You want to come to the US to work and help your father.  That's the real reason for coming to America.  Not necessarily your education.
 
You want to know about the "Citizenship Act of 2021" and whether it will help you immigrate faster.  You want to sue because under CSPA you aged out.  You want an expedite before your PD is current in the F1 category to care for your father in the US.  

You are not looking like a serious student.  You look like someone desperate to immigrate to the US.  The CO will likely deny a student visa.