Hi, everyone.
I am here to seek advice on our case.
My fiancé filed a K1 petition for me in early March (case still pending).
In June, I applied for a travel visa to see his graduation defense. I came to the US at the end of July. The customs officer asked where I was going, what I planned to do in the US, and when I would return to my home country. I didn’t hide the fact that I was visiting my fiancé. I told the officer that I planned to see my fiancé’s defense, meet our friends, go back to his family’s city to see them, and then leave the US around the end of August. The officer then granted me a 6-month stay.
Now we want to get married and adjust my status in the US. I feel bad because we already spent money and time on the K1 process.
However, our situation has changed:
1. After I entered the US and spent some time here, we re-checked the processing time on the website and realized that the K1 timeline has become longer since May. When we applied in March, the information made us estimate that our case would likely be processed around August, and we had been planning to get married in November or December this year. But after checking again recently, we saw that the waiting period has extended significantly.
2. Now my fiancé is working in the state where his family lives, under a one-year contract. We feel it would be simpler and easier if we marry and adjust status here later this year, while his family can attend our ceremony locally. Otherwise, if I can only get the K1 visa the next year, my fiancé may be working in another state, and we would either have to travel back for a ceremony or ask his family to travel to wherever we are.
I would like to know:
Can we get married and adjustment of status while our K1 is still pending? Would the K1 case means that I had immigration intent (but I didn’t have this when entering the state this July)?
If yes, what is the correct order — should we marry first and then cancel the K1, or cancel the K1 before marrying?
Would it be advisable to hire a lawyer for this process?
Thank you very much for your help.