K1 VISA, now Pregnant can we get Married Prior to Approval

[kevlar 0]

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

Edited May 3, 2017 by kevlar

[CubaAndChill 389]

You can always get married and then file for the CR-1 visa. Takes longer to process, but at least you'll be married.

[kevlar 0]

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!

[Jojo92122 1,924]

Since she is here in the US, you can get married and file for AOS so she can stay.  With the AOS, you can file for AP.  She will get AP in about 4 months.  That will allow her to leave the US and come back to continue her AOS.

[Russ&Caro 1,548]

2 minutes ago, Jojo92122 said:

Since she is here in the US, you can get married and file for AOS so she can stay.  With the AOS, you can file for AP.  She will get AP in about 4 months.  That will allow her to leave the US and come back to continue her AOS.

This seems to be the best option for you, especially since you're talking about a June wedding and her latest stamp allows her to stay until September.

[LabOz 915]

K-1 visa will not be in hand until at least 4-5 months from now.

Once she arrives in america you have another 3 months to get married.

Hope that helps on your time frame. 

 

 

[kevlar 0]

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...

Edited May 3, 2017 by kevlar

[Jojo92122 1,924]

Marry.  File for AOS.  Advance Parole is not scary; it's a good thing to have.

[CubaAndChill 389]

20 minutes ago, Jojo92122 said:

Since she is here in the US, you can get married and file for AOS so she can stay.  With the AOS, you can file for AP.  She will get AP in about 4 months.  That will allow her to leave the US and come back to continue her AOS.

Isn't that visa fraud though?

 

How can some people come in on a tourist visa and get married then file for AOS and others have to go through the CR-1 visa? Is the CR-1 only if you marry overseas?

 

[Jojo92122 1,924]

2 minutes ago, CubaAndChill said:

Isn't that visa fraud though?

 

How can some people come in on a tourist visa and get married then file for AOS and others have to go through the CR-1 visa? Is the CR-1 only if you marry overseas?

 

No.  She is already in the US.  The rules are different for the Immediate Relative of a USC who has already entered the US.

 

There is absolutely nothing fraudulent with the OP's wife adjusting status since she is already here in the US.

Edited May 3, 2017 by Jojo92122

[oncoming traffic 21]

Just now, CubaAndChill said:

Isn't that visa fraud though?

it is visa fraud if you come over with the intention of staying. but life happens and people sometimes make the decision to marry in the states, stay, and file

 

i will be corrected if i'm wrong but cr-1 is if 1. you marry overseas and want to come OR 2. marry stateside, go back home, then file to come back

[Russ&Caro 1,548]

13 minutes ago, kevlar said:

 

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...

It really helps in providing advice when the OP gives a full accounting of their situation, and are somewhat polite in doing so, and you passed on both marks.

[CubaAndChill 389]

1 minute ago, oncoming traffic said:

it is visa fraud if you come over with the intention of staying. but life happens and people sometimes make the decision to marry in the states, stay, and file

 

i will be corrected if i'm wrong but cr-1 is if 1. you marry overseas and want to come OR 2. marry stateside, go back home, then file to come back

Got it. Thanks for clarifying that for me!

[Russ&Caro 1,548]

3 minutes ago, oncoming traffic said:

 

i will be corrected if i'm wrong but cr-1 is if 1. you marry overseas and want to come OR 2. marry stateside, go back home, then file to come back

In scenario 2, it doesn't matter where you are when you file. You can file while in the US prior to departing, or file from another country after leaving. Makes no difference.

[trudi 1,317]

2 minutes ago, CubaAndChill said:

Isn't that visa fraud though?

 

How can some people come in on a tourist visa and get married then file for AOS and others have to go through the CR-1 visa? Is the CR-1 only if you marry overseas?

 

She entered the country intending to return to Canada and wait for the K1, their circumstances have changed so as she is here legally they can marry and adjust status in country.

 

If she had entered the country intending to marry & adjust then that would be using the visa for purposes other than it was issued for and if this was disclosed at the border entry would be denied.

 

The CR1 is for couples married for less than 2 years and one of them lives in another country.