Lady2023

The option is perfectly legal and not a No-no in anyway other than in people on the internet's minds. If you are in the US on any type of legal entry and decide to get married you can do so and file I-130 and 485 concurrently and get a greencard. The steps are laid out in the VJ guides.

It all has to do with intent at POE.  You cannot come in with the intention to marry and adjust status and stay.  It sounds like in your case, there was no intention to do this.
 
If she does not need to return to her country within the next 8 months or so, I'd say go for it.  You would get married and then concurrently submit an I-130 (petition) as well as I-485 (AOS), along with all of the required supporting documentation.  She would be in a period of authorized stay after the AOS is filed, even if her tourist visa expires.
 
She would have to wait for work and travel authorization, which historically has taken 4-6 months, but now with furloughs and COVID, it is anyone's guess.  She would have had the same wait coming here on a K-1.  Adjusting here just means she doesn't have to wait on I-129f approval and consulate interview.

Oh man... thank you all for your advice. I think i made the mistake of watching too many youtube videos and most of them use super-organized binders. But you're right, they're visually appealing, but not practical for someone in an office trying to sort through hundreds of applications.

Please please please follow the directions on the official site. Handwrite N/A- or None depending on the question. Please don't include a binder; I wouldn't be surprised if they mailed you it back. It clearly states how to submit it- it may look neat and organized to you but it is a pain in the you know what for them; they aren't organizing your file on a book shelf. They are scanning page by page your documents. The above poster noted the form filing guidelines link; please review.
 
I definitely think your intention is good but it is a nightmare for them   You are more than welcome to keep your copy that way so its nicely organized for yourself and fiancé. (If you haven't made a copy of the entire packet you are sending- please do for yourself) 
 
Your fiancé will have to go back when her visa expires or when her medical/interview occur; whichever come first. May I ask since your fiance is now here and pending she doesn't have ties to close up back home why you don't marry and adjust status? It seems to make a LOT more sense since her intention was to never AOS, she will have to be separated from her kids (or take them back with her) and a million other reasons I can think of. Maybe want to think of that before you spend $$ on the I129F

Thank you! This is a long and stressful journey. This is a good page to be on to learn. You are taking the best first by being on here. Good luck and I wish you the best. 

@TennilleO after reading your experience & story I could say you a QUEEN👑 inside out you a QUEEN100% honestly, YOU'VE done so well to stand by your partner during a tough time as such.. I wish & hope you both come out strong from this mess, ishallah! Mainwhile, I'm here shining my eyes at my level of ignorance during B1 visa application, is a whole lot of MESS for real. I can't even wish it for an enemy... Smhhhh**

Personally I would advise you do a CR1 instead not just because of the prioritisation of spouses. Although it takes longer it is hardly refused..based on the peculiarities of your case (you met him while you still married) k1 might be tough....CR1 has no such requirements for number of times you have met...they just require than you both married in good faith and combine your resources ( which can be done from a distance) eg owning a property together or being on each other's life insurance etc.

The DS-160 requires a lot of information when you're married: name of spouse, date of birth, date of marriage, etc.
So the agent didn't just tick the "married" box but made up a bunch of details about that marriage. 
 
The lie about being married is not limited to a yes or no answer. 

I (and I think I can say we in general) understand you want reassurance that everything is going to be ok. But we see reports of these cases every so often, and they are a lot of trouble. I personally cannot recall one that was resolved positively, maybe others can, but it seems generally the only way to do it is to live your married life somewhere that is not the US. 
 
Here is an example. 
 
 

Case sent back to the states and case was updated in January but still says refused. 
They said its still a chance the USCIS can re-approve and send it back to to the NVC and then the conaulate.
Now there is a ban so im not sure how things are now since we wanted to just go ahead with the CR1.

I’m pretty sure the details of your conversation are not necessary to determine what happened.  The purpose of the post was to evaluate the depth of the original misrep and stretching to see what it will be possible for you to do, other than enjoy married life in the Sunny Utopia of Nigeria.
 
I do have helpful advice.  Drop this and move on or plan to move to be with him. Your chances of successfully proving irreparable harm to yourself, the USC, if someone who will be viewed as “married if it helps me get a visa but not married if it helps me get a visa” cannot join you in the US are very low. 
 
OP will have to disregard that one.  My bad.  Doesn’t apply here.

How do you file a waiver with a I 130?

You have made several assumptions here about what is or not being done. 
Also you assumed I haven't had a conversation to learn the info I needed.
 
I have a right to learn information for myself and do my research which my understanding is what this platform is for. Any major paperwork that has to be filled will be done on my end so yes I want to be will informed. 
 
I clearly have been researching and asking questions on how to do this the correct way so again you assume that I'm trying to file something generic.
 
If what you are looking for a details of the conversation we had after my initial questions so you can have answers is not necessary for me to disclose.
 
If you have any helpful advice I do welcome it but I clearly understand that all documents will need to factual or I wouldn't be here. Very last thing a relationship is a team and two people trying to do their leg work is better than just one.
 

Try using the search feature to find others in similar situations and reach out to them if you feel you need to. 
 
While I understand what everyone is posting about it possibly being an issue needing to show a divorce for the marriage claimed- I dont think its a big an issue as its being presented. As I said the K and CR have completely different requirements. For the K you need to show you are single which is almost impossible to prove when there is official documentation (DS) showing a marriage. Some people are able to prove single by using a single certificate but they are not available everywhere and are not always considered enough proof of being single to trump the DS claim. You are not K anymore so.....
 
For the CR you have to show you are married (and that any previous marriages have been terminated). So yes, it can be an issue where they want to see the previous marriage they have documented terminated. You will never be able to provide such a termination document since there was never a marriage. So you would explain the previous marriage was a false claim. (this can cause a waiver to be needed). They need to accept that you lied in order to not want termination documents. Once they accept it was a lie they will no longer want termination documents. Does that make sense? In a way the issue of termination documents goes away when they determine it was incorrectly claimed marriage. Thats why no one posts anything further on it- because its no longer an issue.
 
You will provide a marriage certificate as proof of there not being a previous/current marriage; as you needed to be single and able to be married in order to get a marriage certificate issued for you guys. A gov issuing you guys a marriage certificate (which is assumed to be done properly) means a gov was satisfied neither of you were married and all previous marriages were terminated. It supports the claim of marriage on the DS was a lie. 
 
 
 
 
 
 
 

No doubt they can reuse a lot of what they learned and have in place from previous forms.
New forms are being added much more quickly than the original ones. Once the N-400 an I-90 forms allowed online filing and the pilot program completed, they added the next set of forms in under half a year. Not "quick" by any means, but it's kinda what I would expect from a large organization that has to go through those processes.
The I-130 basically dropped one day without notice. Hopefully the next set is done soon....although staffing and funding issues are likely a holdup now. =\
 
Ouch...(and yes, I've seen many similar reports!)

I've seen some posts in this forum, people wanting to submit 600 pages of conversations

Because for whatever reason,  many people like to submit 1,000s of pages of evidence with the i129f, and that would overwhelm any system 

Because they run like an old corporation.
A high school kid could probable digitize everything in a month.

In hindsight you should have gone to the interview and explained that the agent had made a mistake. You may or may not have got the visa, but at least you would have been on record as correcting the mistake in the form. It’s going to look more suspicious only trying to correct it now. As others have said, it won’t be easy. Good luck.

Alright noted, I sure will keep you on VJ all updated as time goes by. Apparently, its gonna time a whole lot of time to fixed it.. "if not years" Lolzzz

I agree with @Paul & Mary.   We have seen multiple cases like your case where someone lied in order to get a US tourist visa.  Then, when the person applied for a fiance or spousal visa, the lie was discovered.  It can cause serious issues and delays.  I have not seen a case which was successfully resolved. Either the issue was not resolved, or the person just never returned to tell us about it.  Therefore, please keep us updated.

Expect an issue obtaining any visa in the future.   It does not matter if the agent said you were married and you were not. (this is a common tactic used in Nigeria)  It was your responsibility to ensure it's correctness.  You could have gone to the interview and corrected the DS-160.
 
You will now probably have to prove that you were never married which is very hard to do.  Filing for a K1 is a bad idea because you can not appeal it if it refused.  A better plan would be to get married and file a spousal and prepare for a long hard and expensive process.  
 
There is no reason to use an agent to file a VISA.  There is nothing they bring to the process if the petitioner (k1) or applicant (b2) can read the forms.

Why wait till the line gets shorter when everyone is getting in line in front of you? Doesn't make sense. You're speculating that the furlough is a sure thing. Best to wait and see but for the OP they should go ahead and file whichever visa they are apply for.

I-864, Affidavit of Support is for AOS and comes after marriage. I-134, Affidavit of Support is needed for the interview so you some ways off. Go to the blue ribbon above, select "guides" then look for K-1 visa process. Good luck and stay engaged. .  

topic title modified to keep members from having heart attacks