They lost our petition!

[CanadiCAN 0]

Our K1 petition was sent out in May of 2008 and now after 10 months of waiting, we find out they lost our petition. I am the beneficiary, and I am currently in the U.S. I know that if someone entered the U.S on say, a student visa or a work visa and got married to a U.S citizen that they could file for AOS and stay in the U.S while doing so. I've also heard of a few people who just came in on visitor visas that can do the same. Basically I would like to know if this option would be possible for us. When I entered the U.S I did not have any intentions of getting married on this visit, as we were awaiting our K1 visa. Now we would like to get married and adjust status. I'm just not sure if this is an option for me. I in no way want to do something that is illegal, I am just trying to figure out our options as we don't want to be apart anymore. We've spent the last 10 months apart and don't want to have to go through that all over again. Any help, advice or personal experience would be greatly appreciated.

[Mononoke28 135]

You can come to the US to visit, get married and stay here while your petitions are being processed but planning it before it happens is considered fraud. using a tourist visa or any other visa to enter the US with the whole purpose to adjust status here in the US is considered fraud. Now, some people have pulled it off and have lied to the USCIS to get approval but you will need to be ready to answer any questions they may have, especially since you had already filed for a K1.

Diana

[mkg265 2]

Back up. Did anyone admit to losing it?

[CanadiCAN 0]

Oh no no. When I came into the U.S to visit in January we were still waiting to hear about our K1. We just had our infopass appointment yesterday and found out that they basically lost our petition. The guy looked in the computer and the only information that was there was the petitioners name and address. I (the beneficiary) wasn't even in the computer. I haven't left the U.S since january, so when I came in I didn't have ANY intentions to get married on this visit as that would have nullified my K1 petition. I do not want to do anything illegal, I'm just trying to figure out who and what situation is considered acceptable for getting married and staying in the U.S and adjusting status from here.

You can come to the US to visit, get married and stay here while your petitions are being processed but planning it before it happens is considered fraud. using a tourist visa or any other visa to enter the US with the whole purpose to adjust status here in the US is considered fraud. Now, some people have pulled it off and have lied to the USCIS to get approval but you will need to be ready to answer any questions they may have, especially since you had already filed for a K1.

Diana

Yes, he said that it has been lost and that there is very minimal information in our file. He said "it looks as though someone started to input your information and just stopped"

[turbo2253 0]

You can get married, but maybe you want to contact the Dept. of Homeland Security Ombudsman, and try to find the petition. and maybe not. Are you prepared to stay here in the US until you complete the AOS? If you are, then go for it! Good Luck, Mike & Yizhen

[CanadiCAN 0]

You can get married, but maybe you want to contact the Dept. of Homeland Security Ombudsman, and try to find the petition. and maybe not. Are you prepared to stay here in the US until you complete the AOS? If you are, then go for it! Good Luck, Mike & Yizhen

[/quote

Just so I understand correctly, you're saying that based on my situation I WOULD be able to get married and stay in the U.S and adjust status from here.

I'm completely prepared to wait it out here. I don't want to be apart anymore, it's been 10 long months apart and I'm sick of it. I don't think there's much to salvage by contacting the ombudsman, but thank you for that suggestion.

[turbo2253 0]

I am not a lawyer, but as far as I know, you did not enter the US with the intent of getting married. If you entered the US thinking that you would marry, then it could be considered visa fraud. I think that choosing to marry now, is what the adjustment of status is for. Just my opinion, Mike & Yizhen

Maybe, you should consult an Immigration Attorney and ask, just to be sure.

Edited March 17, 2009 by turbo2253

[canadian_wife 1,822]

CanadiCAN - perhaps you will want to contact a lawyer to check on what you are doing. I'd hate to have you marry now and fuss up your entire applicaiton. I am sure it's ok but I did not spend 3 years in law school.

I am so sorry that this happened to you. What an awful thing. Good luck.

[CanadiCAN 0]

Thank you everyone for your replies. I appreciate the help. Our next step will be to consult an immigration attorney and find out what our options are, and make sure that we do everything by the book. I in no way want to do anything illegal and mess up our chances of ever being together. Thanks again!

[turbo2253 0]

Good Luck, let us know what happens, and CONGRATULATIONS ! ! ! ! if you do marry soon. Mike & Yizhen