question

[cherylc522 0]

ok, i know i haven't been waiting for very long at all, things here are getting difficult, cant find work, family making huge issues about supporting me while im looking, so i guess the question is, what would happen if we canceled my k-1 petition and i just moved down there and we married there in the states and just filed for AOS, what are the complications going to be, will i have a hard time because i canceled a k-1?

[thetreble 19]

I'm not an expert but here is my most knowledgeable opinion.

Because you already filed for K-1, you have the intent to marry and immigrate in the United States. Regardless if you cancel your petition now, you are already on record as having filed it and abandoned it. I would not recommend you do this. Moving to the US to file AOS is against the law, so I would just advise you against doing that.

I'm sorry it's hard at the moment, but moving down to the US when things aren't good at home might make things even worse. Some times we make rash decisions thinking it will solve some or all of our problems, but then we find out we acted too soon. If you can be patient some more, that is probably the best thing to do.

[cherylc522 0]

ok, thats kinda what i thought but my fiance wanted me to ask and see if anyone knew for sure, i figured it would be a problem, thank you for your responce

[thetreble 19]

No problem! I hope it helped. I'm sorry to hear that you are having hard times and we all know what it feels like. Hold on!!

[Kathryn41 3,205]

ok, i know i haven't been waiting for very long at all, things here are getting difficult, cant find work, family making huge issues about supporting me while im looking, so i guess the question is, what would happen if we canceled my k-1 petition and i just moved down there and we married there in the states and just filed for AOS, what are the complications going to be, will i have a hard time because i canceled a k-1?

Under those circumstances you would committing visa fraud. Knowingly entering the US on one visa status (visitor - even if it is as a Canadian who doesn't have a paper visa) with the intent of using that status to create circumstances that make you eligible to apply for a spousal based adjustment of status is not looked upon kindly at all. You are allowed to enter the US as a visitor. You are allowed to get married as a visitor. You are not allowed to enter with the intent of getting married and staying as a visitor. If your intent is to marry - and you have already stated your intent with the K-1 - then they would think you have got married to evade the immigration process, which in fact you have. If your AOS is denied on the grounds of adjustment from a visitor visa, there is no right of appeal. You have to leave the country, plus having an immigration fraud charge against you may make you inadmissible to the US for life. I am not sure if that is a waiverable offense or not, but believe that it is not. Yes, the wait is long and can be difficult but it is infinitely better than being charged with immigration fraud - that wait is forever.

You can certainly 'visit' for up to 6 months while you wait for your K-1 to be processed, but you would not be allowed to work and you would have to return to Canada making sure not to accrue any out of status time in the US. The second part of the K-1 needs to be done in Canada regardless. Your concern then would be ensuring you have sufficient evidence of ties to Canada so that the US border authorities would not think you an immigration risk and deny you entry for your visit.

Edited July 27, 2008 by Kathryn41

[cherylc522 0]

ok, i know i haven't been waiting for very long at all, things here are getting difficult, cant find work, family making huge issues about supporting me while im looking, so i guess the question is, what would happen if we canceled my k-1 petition and i just moved down there and we married there in the states and just filed for AOS, what are the complications going to be, will i have a hard time because i canceled a k-1?

Under those circumstances you would committing visa fraud. Knowingly entering the US on one visa status (visitor - even if it is as a Canadian who doesn't have a paper visa) with the intent of using that status to create circumstances that make you eligible to apply for a spousal based adjustment of status is not looked upon kindly at all. You are allowed to enter the US as a visitor. You are allowed to get married as a visitor. You are not allowed to enter with the intent of getting married and staying as a visitor. If your intent is to marry - and you have already stated your intent with the K-1 - then they would think you have got married to evade the immigration process, which in fact you have. If your AOS is denied on the grounds of adjustment from a visitor visa, there is no right of appeal. You have to leave the country, plus having an immigration fraud charge against you may make you inadmissible to the US for life. I am not sure if that is a waiverable offense or not, but believe that it is not. Yes, the wait is long and can be difficult but it is infinitely better than being charged with immigration fraud - that wait is forever.

You can certainly 'visit' for up to 6 months while you wait for your K-1 to be processed, but you would not be allowed to work and you would have to return to Canada making sure not to accrue any out of status time in the US. The second part of the K-1 needs to be done in Canada regardless. Your concern then would be ensuring you have sufficient evidence of ties to Canada so that the US border authorities would not think you an immigration risk and deny you entry for your visit.

ok thank you, thats what i needed to know, thank you for your advice