Problem staying in USA for Adjustment of Status

[Daveykins 17]

I'm not sure this is correct. If you don't AOS from K-1 after entering the US and getting married, there's a risk that USCIS will deny a future CR-1 petition due to no AOS after entering on K-1.

I think the best option for OP is to get legally married in Columbia, and then when you're ready to return to the US, do CR-1 in Columbia and then she can accompy you to the US.

Or... if you really are dead-set on it (and I'm not 100% on the legality of this you'd need to triple check)... You could do K1, get married, not apply for AOS, move back to Colombia and apply for a CR-1 when you're ready (a year or so before that permanent move). This means that all of the money spent on the K1 (~$800) will be lost. However, some people spend $800 on an ice sculpture at their weddings, so if that's something that's that important to you, far be it from me to tell you how to spend your money.

[IcezMan_IcezLady 582]

Get a tourist visa....

[dwheels76 5,469]

Right now you will have an issue at interview and not even get past the Domicile issue. Seems people overlooked that. You have no residence nothing in US.
You say you work from hoe is it a US base job or is it a job that would continue when you come to US? If not you will need a joint sponsor for the Affidavit of Support.

So two things.

1. Establishing Domicile and showing evidence that you are domiciled in US or are setting up domicile. And you say you aren't

2. Affidavit of Support

You could get SS#'s so as you arrive. Get married immediately after getting your marriage license and once you have your Marriage certificate and all the paperwork done file for Adjustment of status. EAD and AP arrives within 90days usually 60 to 90 days. The green card is about 8 to 12 months. But the EAD is what allows you to work.

What were you planning on doing with the children in the first place for school doing a fiance' visa?

[Nathan&Cata 5]

We do have a marital union de hecho which basically means that we live together. It is basically a statement saying we live together. I am not sure if the US Embassy would say it is the same thing as a marriage. All we had to do was take some paperwork to a notary in Medellin.

I think I can clear this doubt... The US Embassy won't ever recognize the marital union paper as a marriage certificate. This paper is just an statement saying that you both live together in order to get the TP_10 visa to be able to work and stay legally here in Colombia since you can get your foreigner ID.

To get the CR1 visa you guys need to get married in a catholic church or in a notary here in Colombia. Those are the only legal way to be married in this country.

[Hypnos 6,578]

If you don't AOS from K-1 after entering the US and getting married, there's a risk that USCIS will deny a future CR-1 petition due to no AOS after entering on K-1.

This is nonsense.

[KayDeeCee 4,896]

I'm not sure this is correct. If you don't AOS from K-1 after entering the US and getting married, there's a risk that USCIS will deny a future CR-1 petition due to no AOS after entering on K-1.

It is definitely not correct.

There is not a requirement to file for AOS. If they chose to leave without applying for AOS, it won't cause a denial of a future spousal visa.