AOS or fiancee visa (K1)

[MJhawk 0]

I am a Canadian citizen and my fiance is an U.S. citizen, I am currently in the United States and just sent our petition for a fiancee visa (K1) I am wondering if I cancel my petition and get married then file for AOS so i can stay with him during the process. Has anyone done this before?

When I came to the United States I intended to stay for a week and attend a wedding but my Fiance (then boyfriend) proposed to me and I decided to stay for 6 months I called the CBP and they said this was ok. what do you think the best plan of action would be?

[MonkeyJuice 3]

You mean you are in US on a tourist visa & you want to adjust status from that? If you've already filed your K1 petition then you won't be able to cancel it, marry & adjust because it's illegal to enter on a tourist visa with intent to marry. You've already shown intent by filing your petition.

[MJhawk 0]

Well I'm not to sure but Canadians don't receive a tourist visa (B2) I never came to the U.S intending to marry or let alone get engaged but since I was here I was wondering if we can just get married then file for AOS. I know the K1 visa can be cancelled but I'm not sure if we got married I would be approved for an AOS.

[MonkeyJuice 3]

Well I'm not to sure but Canadians don't receive a tourist visa (B2) I never came to the U.S intending to marry or let alone get engaged but since I was here I was wondering if we can just get married then file for AOS. I know the K1 visa can be cancelled but I'm not sure if we got married I would be approved for an AOS.

Well I'm not sure what visa you are using to be in US as you haven't said but the Brits use the visa waiver programme & is intended only for a vacation not to intentionally get married & adjust status. As you've already filed for a K1 you've told USCIS you are engaged & intend to marry.

[km24 0]

I am a Canadian citizen and my fiance is an U.S. citizen, I am currently in the United States and just sent our petition for a fiancee visa (K1) I am wondering if I cancel my petition and get married then file for AOS so i can stay with him during the process. Has anyone done this before?

When I came to the United States I intended to stay for a week and attend a wedding but my Fiance (then boyfriend) proposed to me and I decided to stay for 6 months I called the CBP and they said this was ok. what do you think the best plan of action would be?

I came here with a B2 visa. Applied for F1/Student then got married with my fiance, who's a US citizen, after 3 months. We filed for I-130 (Petition for Alien Relative) and I-485 (Adjustment of Status). We decided to tie a knot because I've read some threads regarding Fiance Visa. If he will file K1 then I have to go back to my country. Because they'll be conducting the interview in my country. That's what I understand. That's why instead of filing for K1, we got married and file for I-130 and I-485 so I won't going back to my country and stay there for months. I'm not that 100% sure if this is true. But some advised me this.

You can't just cancel the K1 visa petition and file for AOS. Before Adjusting your status, K1 or I-130 petition should be approved by the USCIS.

Edited October 24, 2009 by km24