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Getting Married on Tourist Visa, Giving up on K1

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Filed: K-1 Visa Country: Brazil
Timeline

Hello All!

I want to know how this work, Ok, so If you are already in USA on tourist visa with your fiance and have applyed for K1, and just give up on that because is too much work plus you have to go back to your country for the interview and stuff, What happen if you cancel K1 and just get married and then apply for ajustment?? Is there any possibility on doing that if you can prove that you did not have intention to marry when u arrived? The marriage would be sometime at end of next year.

Thank you All

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No, you cannot do this. If you were in the US NOW, and had decided AFTER entry that you want to marry and file for AOS in the US instead of going through the K-1, that would have been possible. However, since you're saying that the marriage would take place at the end of next year (2013??), you're planning to enter the US with a non-immigrant visa, marry a US citizen and remain here to file for AOS. This is visa fraud. Not the marriage part, but the AOS part.

I am confused though - do you have K-1 pending now? If you do, then unless there is something very strange going on about your case, you should most definitely have the visa before end of next year.. So way before you plan to get married in the US and file for AOS (which, again, is visa fraud).

Adjustment of Status from F-1 to Legal Permanent Resident

02/11/2011 Married at Manhattan City Hall

03/03/2011 - Day 0 - AOS -package mailed to Chicago Lockbox

03/04/2011 - Day 1 - AOS -package signed for at USCIS

03/09/2011 - Day 6 - E-mail notification received for all petitions

03/10/2011 - Day 7 - Checks cashed

03/11/2011 - Day 8 - NOA 1 received for all 4 forms

03/21/2011 - Day 18 - Biometrics letter received, biometrics scheduled for 04/14/2011

03/31/2011 - Day 28 - Successful walk-in biometrics done

05/12/2011 - Day 70 - EAD Arrived, issued on 05/02

06/14/2011 - Day 103 - E-mail notice: Interview letter mailed, interview scheduled for July 20th

07/20/2011 - Day 139 - Interview at Federal Plaza USCIS location

07/22/2011 - Day 141 - E-mail approval notice received (Card production)

07/27/2011 - Day 146 - 2nd Card Production Email received

07/28/2011 - Day 147 - Post-Decision Activity Email from USCIS

08/04/2011 - Day 154 - Husband returns home from abroad; Welcome Letter and GC have arrived in the mail

("Resident since" date on the GC is 07/20/2011

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Filed: AOS (apr) Country: Philippines
Timeline

Hello All!

I want to know how this work, Ok, so If you are already in USA on tourist visa with your fiance and have applyed for K1, and just give up on that because is too much work plus you have to go back to your country for the interview and stuff, What happen if you cancel K1 and just get married and then apply for ajustment?? Is there any possibility on doing that if you can prove that you did not have intention to marry when u arrived? The marriage would be sometime at end of next year.

Thank you All

If you came to the US on a Tourist Visa then that was what the Visa was for. After you filed the 129-F it clearly stated your intentions. If you filed that document it is in the System of intent to Marry, however you are still currently on a Tourist Visa. You can cancel the Petition and get married but, you intentionaly violated the Tourist Visa to get around the K-1 process. It will be Clear to the Agency the short-cut (or attempted short-cut). Not a wise choice. Your situation may require an Attourney as what appears your post idicates an act of evading the process.

Whats done is done. You Filed the 129-F. Don't Overstay your Tourist Visa. See an Attorney, Don't put your relationship in jepardy. See what other Members can add.

I honestly feel you know this is wrong and that is why your asking. But, Love will make you lie, cheat and steal.

TIM/MAV K1-JOURNEY
3/27/2007....We first met on myspace
1/30/10 ......My Honey proposed
8/15/10 ......He visit Philippines(2wks) & met my family
12/17/10 ....USCIS received the Filed I-129F for K1-visa
12/21/10 ....Received hard copy,NOA1
5/25/11.......Received RFE
6/09/11.......NOA2 approved
12/07/11.....Visa fee paid at BPI

6/11/13.......2nd visa fee payment
7/10-11/13.. Medical Exam completed@St.Lukes Clinic
1/15-16/14.. 2nd Medical exam updated
1/21/14...... k1 interview-Visa Approved
.....................................................................
8/29/14...... Submitted AOS application
10/03/14.....Biometrics
01/07/15.....Received my EAD card

01/31/15..... I got my SSN from the mail

04/20/15......AOS Interview - Approved :star:

4/24/15 .......Got the Driving Permit Card

4/30/15 .......Green Card Received :) (Exp.4/20/17)

http://youtu.be/BVf45EcdFwQ

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Filed: AOS (apr) Country: Philippines
Timeline

No, you cannot do this. If you were in the US NOW, and had decided AFTER entry that you want to marry and file for AOS in the US instead of going through the K-1, that would have been possible. However, since you're saying that the marriage would take place at the end of next year (2013??), you're planning to enter the US with a non-immigrant visa, marry a US citizen and remain here to file for AOS. This is visa fraud. Not the marriage part, but the AOS part.

I am confused though - do you have K-1 pending now? If you do, then unless there is something very strange going on about your case, you should most definitely have the visa before end of next year.. So way before you plan to get married in the US and file for AOS (which, again, is visa fraud).

I did'nt want to use the word "Fraud" but it would appear so. The word SYSTEM or PROCESS is USCIS Terms. Applicants cannot make-up there own terms to fit what is best for them and more convienant.

TIM/MAV K1-JOURNEY
3/27/2007....We first met on myspace
1/30/10 ......My Honey proposed
8/15/10 ......He visit Philippines(2wks) & met my family
12/17/10 ....USCIS received the Filed I-129F for K1-visa
12/21/10 ....Received hard copy,NOA1
5/25/11.......Received RFE
6/09/11.......NOA2 approved
12/07/11.....Visa fee paid at BPI

6/11/13.......2nd visa fee payment
7/10-11/13.. Medical Exam completed@St.Lukes Clinic
1/15-16/14.. 2nd Medical exam updated
1/21/14...... k1 interview-Visa Approved
.....................................................................
8/29/14...... Submitted AOS application
10/03/14.....Biometrics
01/07/15.....Received my EAD card

01/31/15..... I got my SSN from the mail

04/20/15......AOS Interview - Approved :star:

4/24/15 .......Got the Driving Permit Card

4/30/15 .......Green Card Received :) (Exp.4/20/17)

http://youtu.be/BVf45EcdFwQ

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Filed: AOS (apr) Country: Australia
Timeline

No, you cannot do this. If you were in the US NOW, and had decided AFTER entry that you want to marry and file for AOS in the US instead of going through the K-1, that would have been possible. However, since you're saying that the marriage would take place at the end of next year (2013??), you're planning to enter the US with a non-immigrant visa, marry a US citizen and remain here to file for AOS. This is visa fraud. Not the marriage part, but the AOS part.

I am confused though - do you have K-1 pending now? If you do, then unless there is something very strange going on about your case, you should most definitely have the visa before end of next year.. So way before you plan to get married in the US and file for AOS (which, again, is visa fraud).

I agree with this. :thumbs:

But... are you saying you are ALREADY in the US and your tourist visa is valid until the end of next year when you will marry? That could make the situation different- then AOS may be possible.

Edited by Xanax

We became a couple : 2011-05-29
I visited him : 2011-10-28 - 2011-11-17
He visited me (and my crazy family) : 2012-02-05 - 2012-02-17
I-129F Sent : 2012-02-05
I-129F NOA1 : 2012-02-14
I entered on VWP to stay 3 months: 2012-04-11 - 2012-07-03
---
Went to get my medical done for interview in Australia (much cheaper in the US and I was already here):2012-05-20
Medical issue diagnosed
K-1 petition cancellation request sent to CSC : 2012-06-01
Married: 2012-06-21
Filed for AOS : 2012-08-08
NOA1 : 2012-08-10
Biometrics : 2012-09-14
EAD approved : 2012-10-16
Applied for SSN : 2012-11-01
Received SSN : 2012-11-13
Received interview notice :2012-12-27
Interview- APPROVED :2013-01-28
Green card received :2013-02-04
Baby girl born :2013-03-09

Filed for ROC :2014-12-05
NOA :2014-12-11
Biometrics : 2015-01-15

ROC Approval : 2015-05-14

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Filed: AOS (apr) Country: Philippines
Timeline

I agree with this. :thumbs:

But... are you saying you are ALREADY in the US and your tourist visa is valid until the end of next year when you will marry? That could make the situation different- then AOS may be possible.

It's hard enough coming over on a Tourist Visa and getting married and then throw-in a canceled 129-F....... Oh My God.... The Original Post includes the Intent. Avade the Process, do it Our Way........ Hope it works for them.. I doubt it. But, were just adding our ideas.

TIM/MAV K1-JOURNEY
3/27/2007....We first met on myspace
1/30/10 ......My Honey proposed
8/15/10 ......He visit Philippines(2wks) & met my family
12/17/10 ....USCIS received the Filed I-129F for K1-visa
12/21/10 ....Received hard copy,NOA1
5/25/11.......Received RFE
6/09/11.......NOA2 approved
12/07/11.....Visa fee paid at BPI

6/11/13.......2nd visa fee payment
7/10-11/13.. Medical Exam completed@St.Lukes Clinic
1/15-16/14.. 2nd Medical exam updated
1/21/14...... k1 interview-Visa Approved
.....................................................................
8/29/14...... Submitted AOS application
10/03/14.....Biometrics
01/07/15.....Received my EAD card

01/31/15..... I got my SSN from the mail

04/20/15......AOS Interview - Approved :star:

4/24/15 .......Got the Driving Permit Card

4/30/15 .......Green Card Received :) (Exp.4/20/17)

http://youtu.be/BVf45EcdFwQ

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Filed: Citizen (apr) Country: Ireland
Timeline

I agree with this. :thumbs:

But... are you saying you are ALREADY in the US and your tourist visa is valid until the end of next year when you will marry? That could make the situation different- then AOS may be possible.

A tourist visa is valid for 6 months max, so that is not possible. OP has been given his answer, and this topic is potentially concerning immigration fraud, so closing.

Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

mod penguin.jpg

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