K1 Visa - Entered US without obtaining prior approval

[ryna 132]

Your advice is spot on..

She probably doesn't even realize it, but the fact is that she's luckier than most in that she's been able to visit her fiancé in the US during the wait, has seen where she'll be living (at least the city, probably, if not the house/apt) and most likely has met just about everyone important in her finacé's life.

Skirting the system only makes things worse for those who are playing by the rules.. and jeopardizes her entire life just to shave a couple months (at this point) off the wait..

[rosebary 0]

She should just wait for her interview, have it done, and come to the States on K-1 visa. Since her petition is already approved, she should schedule her interview as soon as possible, get the visa (it usually comes after 3 days after the interview), and then come. That's the safest way!

[belinda63 3,022]

It is going to be really really hard to prove she had no intent to immigrate given the attire she brought with her and the pending K-1. Will this result in a denial of the AOS? Possibly. Did she misrepresent herself at any time as being just a tourist? In my book she did since she entered on a tourist visa.

Make sure she is aware of the possible consequences of her actions, missed wedding vs lifetime ban to the US, and wish her luck.

[Mithmeoi 29]

As many other people have already advised, she should return to Australia and file the legal way. If the interview hasn't already been missed she should attend it, and if not then once she is married she should go back and apply for a CR-1 if she hasn't already overstayed her visit by the time the wedding rolls around. There are chances of her being banned from the states and deported, I don't think she or her future husband should risk it. It's not worth it to just cut a few more months off their separation.

[Justine+David 218]

Here's one good thing in her favor-she can legally stay 90 days in the US. If they get legally married now, they can file the CR1 and then she can still have her ceremony in October (as long as it's before the 90 days are up). That way when she goes back to Australia, that will be 3 months less of waiting time.

[Barbara J 115]

I also just found out that her application for I-129F was approved on the 16th of August.. My advice to her would be to go home and attend and interview and try and make it back before her wedding..

If she just got approved 16th August then it has to be sent to NVC for a case number then on to Sydney, should take around 3 weeks. If she has had her medical done and police report done and has all her documents ready then when they notify her she has been approved she can send in to sydney consulate then she will be notified of an interview within 4 weeks. That takes it to the end of September and if approved on the day she will get visa in a week. Depending on what date in October the wedding is she could make it ok.

But to be honest with you if she chooses to do it this way and gets banned then it is her own fault. People like her just make it so hard for all of us who have done it legally and are still waiting after interview for visa. I really have no sympathy for her. Here I am had my interview over a week ago now was missing one paper they misplaced and have sent it to them and all my papers are in order and I am still waiting for my visa. I get married on 11th September, and I hope to get home next week.

So sorry she takes it on at her own risk.