What if a fiance is already in US?

[Trompe le Monde 1,107]

Yes, we already found out that - they're willing to reschedule, but for how long nobody can say. The problem is that he will need to come back just for that interview and the time will be limited as he cannot take too much time off his study.

We're at NOA1+6 months (no word on NOA2 yet but it may come any moment who knows).

Is there an overwhelming reason why you guys decided to go the K-1 route?

Well, what options did we have? You mean AOS? We couldn't do it because it would require presence here in US throughout the process which wasn't possible. It's too late for that now - K1 is already submitted. Or can it be cancelled and AOS would be faster? He has B1 and F1 now and can be in US for quite some time, but wouldn't it be too many concurrent applications?

How long as he been in the US and why did he originally come here? It is possible to cancel the K-1 an apply for AOS, but there are factors that need to be considered. Incidentally, AOS through the Los Angeles office is usually pretty fast. Don't know current processing times but when I did it most people went through in 3-4 months.

[conny 0]

I don't know about you, but I don't see a reason to apply for AOS when we waited 6 months for I129 Approval and will probably get it faster than 3-4 months. Yes, that will require another trip, but moneywise AOS also costs quite a bit and there won't be refunds for K1 either. I'm just trying to understand what else you might be thinking about proposing AOS instead of K1 here...

[Trompe le Monde 1,107]

I don't know about you, but I don't see a reason to apply for AOS when we waited 6 months for I129 Approval and will probably get it faster than 3-4 months. Yes, that will require another trip, but moneywise AOS also costs quite a bit and there won't be refunds for K1 either. I'm just trying to understand what else you might be thinking about proposing AOS instead of K1 here...

You will still have to pay for AOS after he arrives with the K-1. You will have to wait through that process no matter what. Of course, we would not be allowed to adjust from the F visa if they believe he had an intent to immigrate permanently at POE, however. He could be able to adjust if this was not the case, and you would save money on a trip back.

There have been other VJ people who have cancelled K-1s to AOS. I'm thinking specifically about one poster who arrived after working on a cruise ship, had a pending K-1 and cancelled it to do a straight to filing an I-485 on the advice of her local office.

[conny 0]

You will still have to pay for AOS after he arrives with the K-1. You will have to wait through that process no matter what.

Wow, really? This is something I didn't know. So, Either way, you're getting through AOS (or I485 I presume) ? Well, wouldn't it be obvious though that he has an intent to marry after entering US with F1 having K1 petition filed? For example, what should he say when crossing the border next time - "I don't intent to stay here" ? And they ask then - "What about your fiancee living here who filed a K1 petition for you?" . Kinda tricky situation. Not sure if AOS is feasible in that case.

Say we try that and file a petition for AOS canceling K1 first, and get the rejection, what could be next steps then?

Edited June 26, 2009 by conny

[minnew 4]

If you do AOS and cancel the K-1 petition it will save you $$ in the longrun. I know that $1010 up front right now seems like a lot, but its the $$ you will have to pay once the she is over on the K-1 and adjusting status. The $$ to fly back to the Ukraine, pay visa fees, police reports, medical. AOS in the US there will still be a medical exam to pay for of course. 3-4 months just to get the K-1 visa from now, where with AOS 3-4 months you could have the AP and EAD in hand and be closer to getting the GC. But again it all depends on your situation and your priorities and of course how long your fiance has had the F-1 visa and what your intent was when he/she came to the U.S. on the visa. Being that you petitioned for K-1, maybe you can prove that the intent was not to use another visa to adjust status, it all depends on what your situation is, I am definitely not advocating the misuse of F-1 or visa fraud.

[Trompe le Monde 1,107]

You will still have to pay for AOS after he arrives with the K-1. You will have to wait through that process no matter what.

Wow, really? This is something I didn't know. So, Either way, you're getting through AOS (or I485 I presume) ? Well, wouldn't it be obvious though that he has an intent to marry after entering US with F1 having K1 petition filed? For example, what should he say when crossing the border next time - "I don't intent to stay here" ? And they ask then - "What about your fiancee living here who filed a K1 petition for you?" . Kinda tricky situation. Not sure if AOS is feasible in that case.

Say we try that and file a petition for AOS canceling K1 first, and get the rejection, what could be next steps then?

Yes - the K-I will allow him to enter the country in order to marry you within 90 days. He must adjust status in order to get 2 year green card so you will have to do it no matter what.

If he entered the country with the K-1 already filed it could be a bit sticky. The poster I am referring to had done the same thing and adjusted fine. I wouldn't do it without consulting with a lawyer, however.

[Nik+Heather 121]

You will still have to pay for AOS after he arrives with the K-1. You will have to wait through that process no matter what.

Wow, really? This is something I didn't know. So, Either way, you're getting through AOS (or I485 I presume) ? Well, wouldn't it be obvious though that he has an intent to marry after entering US with F1 having K1 petition filed? For example, what should he say when crossing the border next time - "I don't intent to stay here" ? And they ask then - "What about your fiancee living here who filed a K1 petition for you?" . Kinda tricky situation. Not sure if AOS is feasible in that case.

Say we try that and file a petition for AOS canceling K1 first, and get the rejection, what could be next steps then?

Yes - the K-I will allow him to enter the country in order to marry you within 90 days. He must adjust status in order to get 2 year green card so you will have to do it no matter what.

If he entered the country with the K-1 already filed it could be a bit sticky. The poster I am referring to had done the same thing and adjusted fine. I wouldn't do it without consulting with a lawyer, however.

Maybe I missed it, but is the non USC in the US now, or OUTSIDE of the US now. As mentioned, I think the order of operations here matters.

If outside of the US and already in possession of another visa (besides the K1), you won't be able to prove that you did not intend to AOS when you entered. If in the US on another valid visa when the K1 was petitioned, then it's a different story. Now you've just filed the wrong paperwork.

[Trompe le Monde 1,107]

The OP can correct me if I'm wrong but it sounds like he is in the US having entered on another visa with the K-1 pending, without immigrant intent for that entry.

Others have adjusted in similar situations, but obviously caution would be required before proceeding with anything. I wouldn't try such a thing without first consulting with a lawyer.

[Gary and Alla 3,694]

You will still have to pay for AOS after he arrives with the K-1. You will have to wait through that process no matter what.

Wow, really? This is something I didn't know. So, Either way, you're getting through AOS (or I485 I presume) ? Well, wouldn't it be obvious though that he has an intent to marry after entering US with F1 having K1 petition filed? For example, what should he say when crossing the border next time - "I don't intent to stay here" ? And they ask then - "What about your fiancee living here who filed a K1 petition for you?" . Kinda tricky situation. Not sure if AOS is feasible in that case.

Say we try that and file a petition for AOS canceling K1 first, and get the rejection, what could be next steps then?

Conny, Be careful here. If you filed the K-1 petition BEFORE he filed for the F1 it will be near impossible to say he entered without intent to marry. And it is your responsibility to prove that. The penalty for immigration fraud (which is what they would call it) is deportation and a bar from future visas. Alla witnessed it at an interview in Kiev this week. They are serious and do not take this lightly. Kiev is a really easy consulate to deal with, if your documents are in order, it is virtually a slam dunk. Lie to them or dummy up something and they get really nasty.

You have already applied for the K-1, you are almost there, you have to pay for AOS either way, why risk it? For the cost of a return trip to Kiev for the interview? Not a good idea in my book. Your fiance can come here on the F1. When the I-129f is approved, make a 5 day trip back to Kiev (one day for the medical and do the interview next day) Arrange for the passport to be picked up at the FedEx office in Kiev and you are on your way back home within the week! Schedule the Medical for a Monday, the interview for Tuesday and you are on a plane back Friday afternoon with your visa in hand. Book the return flight for Saturday if you want to play it safe.

He can ehter on the F1. If they ask about the fiance petition, just be honest. He is here for school and will return for the K-1 interview and visa. So far you have done everything correctly. You owe it to yourself and your fiance not to jeapordize your future plans.

[Gary and Alla 3,694]

The OP can correct me if I'm wrong but it sounds like he is in the US having entered on another visa with the K-1 pending, without immigrant intent for that entry.

Others have adjusted in similar situations, but obviously caution would be required before proceeding with anything. I wouldn't try such a thing without first consulting with a lawyer.

You are suggesting she commit immigration fraud.

If you have followed Conny's journey, you will know she filed for the K-1, expecting it to be completed before her fiance's school started this fall and he is enrolled in classes and has paid tuition in advance. Now the K-1 is taking longer than planned and they are seeking the F1 as a possible way to get him here sooner for school. Correct ME if I am wrong, but i do not believe he is here yet, but she is anticipating he will be before the petition is approved.

It would impossible for them to claim (honestly) that he had no intent to marry and the penalty for that is rather devastating to a relationship. A lawyer cannot make it legal, and no honest lawyer would take such a case.

[Trompe le Monde 1,107]

The OP can correct me if I'm wrong but it sounds like he is in the US having entered on another visa with the K-1 pending, without immigrant intent for that entry.

Others have adjusted in similar situations, but obviously caution would be required before proceeding with anything. I wouldn't try such a thing without first consulting with a lawyer.

You are suggesting she commit immigration fraud.

If you have followed Conny's journey, you will know she filed for the K-1, expecting it to be completed before her fiance's school started this fall and he is enrolled in classes and has paid tuition in advance. Now the K-1 is taking longer than planned and they are seeking the F1 as a possible way to get him here sooner for school. Correct ME if I am wrong, but i do not believe he is here yet, but she is anticipating he will be before the petition is approved.

It would impossible for them to claim (honestly) that he had no intent to marry and the penalty for that is rather devastating to a relationship. A lawyer cannot make it legal, and no honest lawyer would take such a case.

I am doing no such thing. I haven't been following her journey and was under the impression he was already here and I'm not sure what the circumstances really are which is why I asked and didn't assume.

There have been people on VJ who have done exactly entered, file a K-1 shortly after and who were as honest as calling the USCIS and saying "I'm here with a pending K-1" and the USCIS office told them to cancel that and adjust. THe poster was christina something (long gone from this site). There was another dutch poster who was here spending time with his pregnant wife who didn't want to come home because of some complications she was experiencing. He went to a lawyer and adjusted with no problems.

So it does happen. But not without complete honesty, mitigating circumstances and legal guidance.

So it has happened wi

[Gary and Alla 3,694]

The OP can correct me if I'm wrong but it sounds like he is in the US having entered on another visa with the K-1 pending, without immigrant intent for that entry.

Others have adjusted in similar situations, but obviously caution would be required before proceeding with anything. I wouldn't try such a thing without first consulting with a lawyer.

You are suggesting she commit immigration fraud.

If you have followed Conny's journey, you will know she filed for the K-1, expecting it to be completed before her fiance's school started this fall and he is enrolled in classes and has paid tuition in advance. Now the K-1 is taking longer than planned and they are seeking the F1 as a possible way to get him here sooner for school. Correct ME if I am wrong, but i do not believe he is here yet, but she is anticipating he will be before the petition is approved.

It would impossible for them to claim (honestly) that he had no intent to marry and the penalty for that is rather devastating to a relationship. A lawyer cannot make it legal, and no honest lawyer would take such a case.

I am doing no such thing. I haven't been following her journey and was under the impression he was already here and I'm not sure what the circumstances really are which is why I asked and didn't assume.

There have been people on VJ who have done exactly entered, file a K-1 shortly after and who were as honest as calling the USCIS and saying "I'm here with a pending K-1" and the USCIS office told them to cancel that and adjust. THe poster was christina something (long gone from this site). There was another dutch poster who was here spending time with his pregnant wife who didn't want to come home because of some complications she was experiencing. He went to a lawyer and adjusted with no problems.

So it does happen. But not without complete honesty, mitigating circumstances and legal guidance.

So it has happened wi

Thank you for the clarification.

Two problems....

1. He is not here yet. The K-1 was filed long before the F-1 so thay cannot claim no intent to marry

2. Given that, the procedure to get special treatment seems very complicated and in the case of the OP would save her fiancee a 5 day trip back to Kiev, pretty much at the time of their choosing, which does not seem such a horrible option. I'll wager the trip to Kiev is less cost than the retainer for an attorney, and Kreshatik St. on a warm Friday night is far more entertaining than any attorney's office

I cannot comment on the effects of a trip to Kiev for the OP, but unless it is simply not practical, I would just ride out the chosen road as you are almost there anyway.

[Otto 83]

1. He is not here yet.

Still fuzzy on the 'is he here or not issue/question'.... And if he's not here, where is he that he may not get the notification of his interview...?

[Gary and Alla 3,694]

1. He is not here yet.

Still fuzzy on the 'is he here or not issue/question'.... And if he's not here, where is he that he may not get the notification of his interview...?

Karin, since the OP was just asking a couple weeks ago about the possibilty of an F1, I presume he is not here yet (the OP can correct me if my analysis is wrong) and the OP is presuming he would be here on the F1 visa when the notification was sent to his address in Ukraine. Alot of presumptions, I know, but the OP has posted several times in the past few weeks about this particular "journey" and it is the best I can decipher.

Conny, if you are out there...answer the $25,000 question...is your fiance here now or not?

[conny 0]

1. He is not here yet.

Still fuzzy on the 'is he here or not issue/question'.... And if he's not here, where is he that he may not get the notification of his interview...?

Karin, since the OP was just asking a couple weeks ago about the possibilty of an F1, I presume he is not here yet (the OP can correct me if my analysis is wrong) and the OP is presuming he would be here on the F1 visa when the notification was sent to his address in Ukraine. Alot of presumptions, I know, but the OP has posted several times in the past few weeks about this particular "journey" and it is the best I can decipher.

Conny, if you are out there...answer the $25,000 question...is your fiance here now or not?

I'm sorry for such a long delay and thanks so much for all your comments. Gary has indeed followed my journey and is surprisingly right about all facts. My fiance is not here - he's in Ukraine waiting for F1 interview (has all documents in order I believe). After getting F1, he's coming here ASAP. He already has B1 (which he got before we filed I-129F) and visited US on it (after we filed I-129F). The plan is to get K1 approved, travel to Kiev as Gary is suggesting and then come back and get married. Anything can be optimized considering K1 is 6months+ already and no word on it?

Now I have another question for you - it looks like the entire F1 is an overkill when you have B1 - apparently no one (even in the consulate) cares whether it's being used for education (which is what we need now). Is that the case or was it a right move to apply for F1 when he already has B1 in passport and K1 pending?

Edited June 29, 2009 by conny