Difficult Decision please help .

[Krikit 1,164]

I'm going to move your thread from K-1 Process over to the AOS From Other Visas forum. There are many members whose plans changed after entry. It is not illegal to do so, as the USCIS Officer has indicated. Have a read in that forum for further information.

[Alex B 9]

I am very surprised you were issued a tourist visa when you had K-1 pending. You definitely had intend to immigrate when you entered the country and deciding to get married on a tourist visa, file for AOS and cancel the K-1 application points directly at visa fraud. You can of course go ahead get married and file for AOS but if you get unlucky and get AOS denied. Looks like the USCIS will have a pretty strong case against your appeal, in that case deportation might be the only outcome.

Looks to me like you were on a safe path to immigrate to the USA using K-1 but now you want to gamble your future just because you made plans before you get a visa when it is always advised against.

Take it as a privilege that you got lucky to be with your fiancé while waiting for the K-1 visa, not many of us are that lucky.

Good luck

This isn't necessarily true. The "intent to immigrate" counts an individual entry only.

My wife visited me many times from Canada during our CR-1 process. She had obviously shown an eventual goal following the filing of the I-130 but each time was admitted because she was able to prove to the CBP officer's satisfaction that on _this trip_ she did not have this intent. (proof was pay stubs, mortgage statements etc.)

I would certainly expect greater scrutiny though as USCIS will certainly try to take the view that there was prior intent. I would also agree that the K-1 route is certainly more secure from a legal standpoint but this must be weighed against the reality of the Accra consulate.

[midge and isi 8]

Also- right now unless you also have a work visa- you can not work in the US on a tourist VISA. Many of us survived in Accra, as long and hard as it was. Yes they take for ever to email you back but you will eventually get here.

Its never advised to pay or book a wedding if your doing a K-1 until you have visa in hand. We did two weddings because we wanted to take the time to plan and enjoy that process. Its up to you and your soon to be spouse what you want to do, but going through the process you have started seems easier. Accra can be passed if you have all the papers you need.

Good luck,

[bste3 0]

As everyone else has said... just marry and file AOS. You would regret any other decision.

[san diego 407]

As everyone else has said... just marry and file AOS. You would regret any other decision.

This is VERY BAD recommendation! There is a great risk in it since he already APPLIED for K1. Much more scrutiny! I recommend K1.

[ceadsearc 516]

This is VERY BAD recommendation! There is a great risk in it since he already APPLIED for K1. Much more scrutiny! I recommend K1.

It's not really a good or bad recommendation, per se. Depends on all the circumstances. Plans change, no intent? Legal to AOS. Additionally, intent alone isn't used to deny. The issue is more of material misrepresentation, depending on what happened at POE. OP hasn't commented on that, so we have no way to know what the risks are.

[ValerieA 350]

I had no problem AOSing from a tourist visa when I had a CR-1 in the pipeline. If I were in your position, I would have a civil ceremony now so you can file your paperwork right away, and get your EAD. Intent alone is not a reason to deny AOS, by the way, there must be other negative factors too. Please spend some time in the AOS from work, tourist, visas, the people there are much more knowledgeable about the AOS process.

[desmond&molly 5]

Seems like you could go both ways. AOS seems like a risk so it's up to you to decide what you're more willing to lose. Money put forth for a wedding? A job? Being together with the person you want as your spouse?

I agree with poster that's said give yourself 1 week to investigate as much as possible. Speak with knowledgable people then sit down with your fiancee and decide.