Cancelling K1 And applying for AOS

[bakersolay 0]

Hi my fiance is currently here in the states visiting on a tourist visa,, she has a k1 interview in a month or so, but do to safety issues of where the interview is (johanesburg), were wanting to cancel the interview and just marry here.. has anyone reading this ever done this? we get mixed replys if this is ok,, rapidvisa says it would cause red flags,, but when i called uscis and they fowarded me to a immigrations officer, and I told them my issue,, they told me to just cancel the k1 interview and go ahead and marry and just apply for AOS.. anyone here ever done this? I dont feel were commiting any fraud, since we had no intent of marrying here, but were worried.

Edited September 19, 2015 by bakersolay

[Starkilla09 366]

If you claim it wasn't preconceived and your partner didn't mislead the port of entry officer with a lie you can marry and file for adjustment of status. You can cancel your K1 and go ahead. Just for caution it's advisable to give a few months before marriage and filing since entry though not mandatory to help with your intent.

Edited September 19, 2015 by Starkilla09

[KayDeeCee 4,893]

If you had no intention of staying and filing for AOS when you entered, then there is no fraud. Cancel the K-1 interview and ask for the I-129F petition to be withdrawn. Get married and file for AOS.

You don't have to wait a couple months to marry, if you wish to marry sooner. As long as there was no intent when you entered the US and you did not lie to the CBP officers when entering(or on any of your previous immigration forms/interviews), then you are good. No need to prove intent or lack thereof. You cannot be denied solely for preconceived intent anyway.

Follow this guide > http://www.visajourney.com/content/i130guide2

~ Moved from AOS from Family Based Visas to AOS from Work, Student & Tourist Visas ~

Edited September 19, 2015 by KayDeeCee

[bakersolay 0]

hi ok thanks. well about the intentions, the cbp officer dint ask her anything about her purpose of stay or lenght of stay, he didnt even ask for a return ticket. he was nice guy.

we will just do this then. i will call the uscis again on monday just to be sure its safe to proceed like this.

[Starkilla09 366]

hi ok thanks. well about the intentions, the cbp officer dint ask her anything about her purpose of stay or lenght of stay, he didnt even ask for a return ticket. he was nice guy.

we will just do this then. i will call the uscis again on monday just to be sure its safe to proceed like this.

Then that makes it easy. Go ahead marry and file your stuff.