Got NOA2 for K1, but in America and wanting to get married

[NPM 3]

Hey everybody,

My fiance and I are February filers from TSC. Earlier this month, I came to the U.S. to visit him on my B2 visa. At the POE, I even showed the immigration officer our K1 petition and she let me in, saying "well, you guys seem to be doing everything the right way"; my passport was stamped for a 6-month stay.

A few days after my arrival, our visa gets approved. Our lawyer gets in touch with us and pretty much says there's nothing they can do on this second step of the visa (the consulate part) and says we're on our own - which actually bothers me, because we have discussed things about this stage of the visa before we hired him and it really seemed like he was going to be with us until I got the visa.

Anyways, my biggest problem with doing this stage alone is the Affidavit of Support. My fiance is a retired veteran from the military and has spent the last 4 years going to school, paid for by the military. Which means his income was not taxable and therefore we don't have the last 3 years of tax returns they require. Yes, we are using his sister as a co-sponsor, but I'm still afraid that the fact he doesn't have any tax returns will be a big problem, since he's the primary sponsor. He has a job since last June and it pays well, but I know a few months won't do much.

The thing is, I'm here right now. I was allowed 6 months in here. We're not too eager about separating again and not knowing when are we gonna see each other again.

We're thinking about getting married and adjusting my status. I know it sounds crazy.

But if you think about it, you're considered to have committed visa fraud if you come into this country on a non-immigrant visa with the intention of becoming an immigrant. That's not my case. When I got in, I had all the intention to go back to my country and go to the interview in the consulate.

So is it really that bad?

It just feels like everything is so good right now, why would I leave.

I don't know, I'd really like some opinions from everybody here, if possible. We're considering speaking to another lawyer about this, I just don't know any good ones around here yet.

Also, I do realize the Affidavit of Support that I fear so much would still be a problem if I married him and adjusted my status, but at least it's something we can go through together.

What do you guys think? We don't want to be apart anymore and we're willing to pay for whatever lawyer fees/forms we have to pay to go through this.

Edited August 20, 2015 by NPM

[chaoticlogic 27]

This is my personal opinion, but I would definitely not try to get married and adjust status while you have a pending K1 petition. There are red flags all over that.

[Ingrid28 69]

Wait on k1 visa that is the best way!

[Ash.1101 1,756]

I personally wouldn't do it.


While you can tell us and the CO that you had intentions to come here and leave, no one has to believe you and you don't really have any proof to say other wise since you clearly you can just stay here. A lot of time coming in on K1 they'd ask you for proof that you have strong ties to your country, which you don't obviously since you can just pick up and leave. Either way, it's hard to convince someone that will automatically assume you came here to stay, not to visit. You're guilty until you prove yourself innocent when it comes to immigration.

As for: "It just feels like everything is so good right now, why would I leave." I'm sure it feels like that for EVERYONE during visits, it feels perfect, the life you want, it's a honeymoon type phase. It feels like that every time my fiance comes to visit, and we both know that the reason he leaves is because we want to do this right. If we had gotten married at some point while he was in the country, he still would have gone back to canada and we would have applied for a spousal visa. Our relationship is strong enough and worth it, there's no point of involving any risk if we don't have too.


As for the lawyer backing away for NOA2. He's right, there really isn't anything he can do. It's very simple from there on out, this is the fastest stage ESPECIALLY for someone that was at TSC. You're looking at one application, scheduling medical and interview, and doing those things, a lawyer can't really do anything there.

Edited August 20, 2015 by Ash.1101

[Unidentified 2,930]

You're intention was to be there on a B2 and then continue the K1 and they let you in on that basis. Why risk everything by suddenly marry on a B2 just as you got your NOA2?

How much longer can you stay in the US? Why not prepare most of what you can from the US, book the interview and go home and do it? If you pass the interview it shouldn't take that long to have the visa in hand and you'll be back together again.

[samlog 25]

Hey everybody,

My fiance and I are February filers from TSC. Earlier this month, I came to the U.S. to visit him on my B2 visa. At the POE, I even showed the immigration officer our K1 petition and she let me in, saying "well, you guys seem to be doing everything the right way"; my passport was stamped for a 6-month stay.

A few days after my arrival, our visa gets approved. Our lawyer gets in touch with us and pretty much says there's nothing they can do on this second step of the visa (the consulate part) and says we're on our own - which actually bothers me, because we have discussed things about this stage of the visa before we hired him and it really seemed like he was going to be with us until I got the visa.

Anyways, my biggest problem with doing this stage alone is the Affidavit of Support. My fiance is a retired veteran from the military and has spent the last 4 years going to school, paid for by the military. Which means his income was not taxable and therefore we don't have the last 3 years of tax returns they require. Yes, we are using his sister as a co-sponsor, but I'm still afraid that the fact he doesn't have any tax returns will be a big problem, since he's the primary sponsor. He has a job since last June and it pays well, but I know a few months won't do much.

The thing is, I'm here right now. I was allowed 6 months in here. We're not too eager about separating again and not knowing when are we gonna see each other again.

We're thinking about getting married and adjusting my status. I know it sounds crazy.

But if you think about it, you're considered to have committed visa fraud if you come into this country on a non-immigrant visa with the intention of becoming an immigrant. That's not my case. When I got in, I had all the intention to go back to my country and go to the interview in the consulate.

So is it really that bad?

It just feels like everything is so good right now, why would I leave.

I don't know, I'd really like some opinions from everybody here, if possible. We're considering speaking to another lawyer about this, I just don't know any good ones around here yet.

Also, I do realize the Affidavit of Support that I fear so much would still be a problem if I married him and adjusted my status, but at least it's something we can go through together.

What do you guys think? We don't want to be apart anymore and we're willing to pay for whatever lawyer fees/forms we have to pay to go through this.

I don't think that affidavit of support will big a problem, if you guys has a co-sponsor and he is already working since june and can prove it. Next step is the interview, if they have doubts about it they will ask questions to clarify things. You guys are so close to the end and by the way you can do it by yourself don't worry, I know it seems very confusing but is totally possible doing without a lawyer. This forum helps a lot! Depending what state you live in Brazil you can do everything from USA and just go to Brazil for your interview. If you need help feel free to ask.

Here is the link for Rio Consulate so you can have an idea what you will need on this new state in case you don't know http://brazil.usembassy.gov/interview/forms-for-fiancee-visas.html

Edited August 20, 2015 by samlog

[chaoticlogic 27]

Call the NVC to see if they have your case # and to see if it was sent to the embassy. You are so close to the end of the K1 process and being together again that, in my opinion, it's not worth the risk. After NOA2, especially for a TSC filer, the next steps will go by super fast. Good luck in whatever you choose to do.

Edited August 20, 2015 by chaoticlogic

[KayDeeCee 4,893]

First of all, if you did not lie when answering any of the questions when you entered on your tourist visa and had no intent to marry and stay, then you CAN get married and file for AOS. You do not have to prove you had no intent to be approved, as intent alone is not even a reason for denial. If that is what you would like to do, then just say so and your post can be moved to the appropriate forum for AOS from WS&T, as you will get plenty of 'do it the right way with the K-1' responses here in the K-1 forum. You can also hit report and ask for your post to be moved, if you wish.

Secondly, yes you will need an affidavit of support no matter which route you take. Non-taxable income is still income and can be used. You provide proof of the income with benefits letters, 1099s and bank statements showing the amount that is deposited each month. Provide a statement that you were not legally required to file because your income consists solely of non-taxable income.

Edited August 21, 2015 by KayDeeCee

[KayDeeCee 4,893]

~ Moved from K-1 Process to AOS from Work, Student & Tourist Visas ~