AOS while K1 pending..

[Loveontop 0]

Hey everyone,

I assumed people will be really upset but here's my story!

We file I129-F a few months ago cause my fiance had to go back the U.S and we want to live here together.

I came to the U.S to visit my fiance 1 month ago for a 2 weeks holiday. After 7 days my company called me and say "Work is getting crazy here, please come back". We haven't seen each other for 3 months and we were counting on this 2 FULL weeks holidays while our K1 was pending.

This position was not my dream job so I basically said no and they fired me!

So obviously we decided I should stay here since I'm not working I have "no reason" to go back home while the K1 is pending.

Yesterday we did some numbers and we realized we would have to file AOS anyway with or without the K1 visa which is kind of expensive.

On top of that: the visa cost (around $300), a round trip ticket ($800-$900).

Honnestly we are broke since I don't want to work illelgally (he does not want me to work illegally either) in the country.

I had NO INTENT of getting married when I came here as a tourist. I was supposed to stay 2 weeks and I have proofs of last minute changing ticket, email from my company fireing me.

At PoE, IO asked me this:

- Who are you staying with : My fiance

- When are you getting married : I don't really know

- Did you file for a fiance visa : Yes

He stamped my passport and I was good to go.

He did not write anything like "No AoS".

Interview as PoE was honesly 45 seconds and when I was assembling my passport, CBP custom form, somebody else was already talking to him.

You understood, we don't have the money to complete the K1 process anymore. We barely have engough to pay for my AoS.

We have more than enough proofs of living together so I think we will be fine during the interview.

I've read this post : http://www.visajourney.com/forums/topic/308620-getting-married-under-vwp-while-k1-is-pending/

and I'm quoting

Brother Hesekiel

"It doesn't matter what the Immigration Officer adjudicating your AOS petition thinks. He can think you have sex with turtles at home and pray to the devil. None of this matters. The bible for Immigration Officers, the "Adjudicator's Field Manual" explicitly forbids that the Immigration Officer uses intent, even if he's sure as hell that you intended to do this (which you didn't) as a reason to deny your AOS petition. So, believe me, your attorney knows a 100 times more about this than you.
Still, nothing wrong with finishing the K-1 process. Makes no big difference anyway."

I think we will get married after receiving NOA2, maybe it's better..

[Hypnos 6,578]

1) Withdraw the pending I-129F (it's cleaner that way).

2) Get married.

3) File for AoS using the guide: http://www.visajourney.com/forums/index.php?autocom=custom&page=i130guide2

I would say it's quite clear that your circumstances changed quite markedly between your initial entry and now, so there should be no issue.

Edited August 30, 2013 by Hypnos

[Harpa Timsah 13,258]

Yeah, go ahead. The AOS without the K-1 visa is a bit different and more expensive, though. Make sure you've got the right paperwork. No point in putting marriage off, because you'll just be sitting here for 3 months unable to work. Good luck.

And I miss that Brother Hezekiel... lol.

[belinda63 3,041]

Me thinks Brother Hezekiel is still lurking about, maybe he has a sex change?

Your circumstances have changes enough that I don't think you will have any problems. Why go back home when there is now nothing to return to. Make sure you are aware of the full costs of AOS, it is pretty steep. You will have to, after marriage, file the I-130 and the I-485 as well as have a medical exam. And you can't leave until you have AP in hand.