k1 switch to AOS???

[MJhawk 0]

I am just curious,I am a Canadian citizen and I arrived in the United States Sept. 30 my fiance (boyfriend then) proposed to me on Oct. 1. We sent our K1 petition on Oct. 6. I was wondering if I can cancel my K1 petition and get married and apply for AOS. I understand that if you cross the border with the intentions to marry is not allowed but I came over with no intentions not even getting engaged. I was wondering if this would be a bad idea.

[Inky 1,110]

Yes it would be a bad idea since you already started the K-1 petition they would have it on record when you applyed for aos that you applyed then canceld the K-1. Fishy that you would apply for the legal way then cancel it and just directly apply for AOS instead.

[antda 13]

Hi MJHawk,

Congats on your engagement. Im not a lawyer, or anything like that, but, in answer to your questions: Since you alredy applied for the k1 visa, in immigration's eyes you do have "intention" of coming here to the USA to get married and live here, regardless of where your intentions were when you filed your paperwork. And if you cancel your k1 petition while you are here and get married without it being completed and instead of seeing it through, then that would be considered immigration fraud, unless you cancel your petition on the basis that you are not getting married at all. Your AOS will not be approved (nor accepted) while you are here if you already have a k1 case pending and a decision still has to made on that.

Lol.With immigration you kind of have to work a step at a time, and not jump the gun and/or skip steps in the process..Eventually you will file the AOS when your k1 is approved and you are married...So worry about that later...

So in my opinion, the best way for you to continue on your immigration journey would be to: 1) Go back to Canada and go ahead with the k1 paperwork, since you filed for that, paid the fees already, spent the time filing such, and most importantly, had "intention" to marry 2) Have your k1 visa approved (I think it takes a couple of months for that) 3) Come over to the USA and get married 4)File for the AOS.

In the meantime, be patient with your k1, and you can still visit your fiance while your case is pending (and make sure you bring your k1 paperwork with you when you visit, just in case the border guards ask and not assume you're staying here illegally) and have more time to plan your wedding and your future together too.

Hope this helps. Good luck with the rest of your immigration journey.

Ant

I am just curious,I am a Canadian citizen and I arrived in the United States Sept. 30 my fiance (boyfriend then) proposed to me on Oct. 1. We sent our K1 petition on Oct. 6. I was wondering if I can cancel my K1 petition and get married and apply for AOS. I understand that if you cross the border with the intentions to marry is not allowed but I came over with no intentions not even getting engaged. I was wondering if this would be a bad idea.

[MJhawk 0]

I wished I never filed the K1 petition and just got married and applied for AOS. I wish I knew this information before I submitted the paperwork.

[Inky 1,110]

I wished I never filed the K1 petition and just got married and applied for AOS. I wish I knew this information before I submitted the paperwork.

If you did that then good luck proving no intent to marry, you would still be screwed on AOS. Maybe you should stop trying to do things illegally/ with the idea of Fraud in your mind. Just an idea.

[Malrothien 6]

I wished I never filed the K1 petition and just got married and applied for AOS. I wish I knew this information before I submitted the paperwork.

Wouldn't have mattered. You have only been in the US for 26 days. You would have a VERY hard time proving that you didn't cross with the intention to stay.

[Sprailenes 47]

Well from what I hear marrying here and filing AOS is a lot harder than going the K1 route. It's a lot of added stress because you have to prove you didn't come with the intention of marrying.

You'll be down before you know it.

[ashenflowers 5]

I wished I never filed the K1 petition and just got married and applied for AOS. I wish I knew this information before I submitted the paperwork.

Try to remove that from your mind. If you dwell on what you wish you had done you'll get yourself into a not-happy place. The K1 doesn't last forever, it's absolutely legal (which is the 'safest' way to go) and as mentioned you can still visit while it's processing. It might take a few months longer, but ultimately you'll be at the same end point. Happily married, and together. Don't rush it, and don't try to trick your way around the immigration process. It's not fun, it's not easy, and it's not fair. But there's nothing we can do about that.

[antda 13]

I wished I never filed the K1 petition and just got married and applied for AOS. I wish I knew this information before I submitted the paperwork.

If you did that then good luck proving no intent to marry, you would still be screwed on AOS. Maybe you should stop trying to do things illegally/ with the idea of Fraud in your mind. Just an idea.

I agree....even if you did know about it beforehand..that would still be considered "intent", as you "knowingly" knew (through vj or wherever else) that for this visit you wanted to marry, and not just visit....That is immigration fraud!

And yes, they do ask about such during the AOS....

Now if you didn't know about this beforehand, and just go married at the spur-of-the-moment while visiting, that's another story...

Again, just stick it out with the k1 paperwork and you should be ok there.....Don't worry...

Besides, the k1 gives you more time to think about things in your relationship, which can be a good thing....

Ant

[antda 13]

Well from what I hear marrying here and filing AOS is a lot harder than going the K1 route. It's a lot of added stress because you have to prove you didn't come with the intention of marrying.

You'll be down before you know it.

Oh yeah...the Vistor to AOS route is definitely a lot harder...(believe me, from experience, I know)

A lot of uncertainty and stress there in being "out of status/somewhat illegal" while the case is pending....

On top of that, there is no room for appeal if the case is denied...

Definitely safer to go with the k1 route, in the OP's case here...

Ant

[MJhawk 0]

Just to note when I came here I had the intentions to stay for 1 week to attend a wedding but then he proposed to me and I decided to stay for 6 months (I called the CBP and they said this was ok) so I had no intentions of staying here and getting engaged. But I guess it doesn't matter now that I sent in the petition I guess I'll have to wait it out....urgh

[antda 13]

Hi MJhawk,

That's fine that you came over for a visit and then got engaged unexpectedly. And yes, you are allowed to stay here for up to 6 months as a visitor, as long as you show ties that you are going back to Canada.

Lol...now if you would have took that one step further when you came here and got married first on your visit, without any intention of marriage, then you could do the AOS directly.

Otherwise you're kind of stuck with the k1 thing...Which again, is good and perfectly legal to do..

And immigration looks up upon that too..You did the right thing here...

Again, don't worry about the wait, and you'll be here legally before you know it...

By the way, how can one file a k1 visa from within the USA..I thought that had to be filed in Canada?

And at some point or other, you're going to have to go back to Canada for k1 notices and interviews, right?

Someone else enlighten me on this...lol...

Ant

Just to note when I came here I had the intentions to stay for 1 week to attend a wedding but then he proposed to me and I decided to stay for 6 months (I called the CBP and they said this was ok) so I had no intentions of staying here and getting engaged. But I guess it doesn't matter now that I sent in the petition I guess I'll have to wait it out....urgh

[MJhawk 0]

Well when I came here at the end of Sept. we got engaged and my fiance (U.S. citizen) filed the petition and yes I'll have to return back to Canada for a medical and interview. The only thing is I'll have to leave in 6 months and the K1 visa usually takes between 7-10 months. Meaning I'll have to be away from him for a few months before returning with my visa in hand.

[Inky 1,110]

Well when I came here at the end of Sept. we got engaged and my fiance (U.S. citizen) filed the petition and yes I'll have to return back to Canada for a medical and interview. The only thing is I'll have to leave in 6 months and the K1 visa usually takes between 7-10 months. Meaning I'll have to be away from him for a few months before returning with my visa in hand.

You dont HAVE to leave in 6 months you can leave sooner and you probably will need to leave sooner than 6 months to go back for packet 3, getting documents together that you will need, getting the medical and everything else.

[MJhawk 0]

The packet 3 will be sent to me by my family. So I'll be staying here with my fiance until either my 6 months is over or my interview is sooner then 6 months.