F1 and AOS or K1? HELP!!!!! :(

[ceciliam92 0]

Hello guys

PLEASE HELP ME! I really don't know what to do. I'm from Mexico and my fiancé is a US citizen.

Me and my now fiancé met online through a dating app back in 2014, we had a long distance relationship for like a year and we met a couple of times. He was separated at that time. At the beginning of 2015 we had some problems, decided to focuss on our careers and decided to be friends instead. I had always wanted to come to the US to study english for a semester, and thank God I had the opportunity to do it at the end of last year. My now fiancé offered me to stay with him as he had an extra room so I accepted the offer. Living together, spending holidays together and being around each other 24/7 made us realize we still had strong feelings for each other. He proposed to me one month ago! I'm extremely happy and I really can't wait to keep sharing my life with him ! The problem is that my F1 visa grace period expires in a month so we really don't know what to do. We don't know if it is best for us to get married ASAP and apply for AOS right away or if it is best for me to go back home and apply for a k1 visa instead. My F1 visa was approved for 4 months, 6 months including the grace period.

We are afraid of getting denied if we chose the AOS route as we met online, were gf and bf before, knew each other before I came to this country and mainly because his divorce just finalized.I want to clarify that I DID NOT ENTER THIS COUNTRY WITH THE INTENTION OF GETTING MARRIED! He was even going through the divorce process when I first applied for my F1 visa.

[A'n'L 735]

Either option is legal and will be OK.

So, it's more a personal decision. Are you ready to get married? Will it be a problem if you can't return home or travel abroad for a significant amount of time (during AOS)? Are there for instance some unfinished business back home you need to deal with?

[Starkilla09 366]

Hello guys

PLEASE HELP ME! I really don't know what to do. I'm from Mexico and my fiancé is a US citizen.

Me and my now fiancé met online through a dating app back in 2014, we had a long distance relationship for like a year and we met a couple of times. He was separated at that time. At the beginning of 2015 we had some problems, decided to focuss on our careers and decided to be friends instead. I had always wanted to come to the US to study english for a semester, and thank God I had the opportunity to do it at the end of last year. My now fiancé offered me to stay with him as he had an extra room so I accepted the offer. Living together, spending holidays together and being around each other 24/7 made us realize we still had strong feelings for each other. He proposed to me one month ago! I'm extremely happy and I really can't wait to keep sharing my life with him ! The problem is that my F1 visa grace period expires in a month so we really don't know what to do. We don't know if it is best for us to get married ASAP and apply for AOS right away or if it is best for me to go back home and apply for a k1 visa instead. My F1 visa was approved for 4 months, 6 months including the grace period.

We are afraid of getting denied if we chose the AOS route as we met online, were gf and bf before, knew each other before I came to this country and mainly because his divorce just finalized.I want to clarify that I DID NOT ENTER THIS COUNTRY WITH THE INTENTION OF GETTING MARRIED! He was even going through the divorce process when I first applied for my F1 visa.

Either way works for you and the fact that you met online has no bearing on your application so don't worry about it. First I'll begin with the K-1. If you take this route, you'll be separated momentarily for a couple of months (at least 6) while the process is kicking in. If you guys can handle the separation for quite sometime and need to prepare for the marriage financially or otherwise then this would be a better choice. You'll equally have a chance to depart on time before being out of status. With the adjustment of status, you'll first have to get married. If in guys don't mind having a small private court marriage then it should work for you. You can file at anytime you'll still be eligible to adjust even if you've overstayed since it appears time is of the essence for you. Your overstay won't hamper your eligibity since you're the spouse of a U.S citizen. The only setback is you'll be out of status for a short while until USCIS receives your petition which will place you back in a lawful presence state till its adjudicated on your interview. At this narrow window of being out of status, you're subject to deportation by law, though it's extremely unlikely USCIS will come after you since they do priority enforcement using their little resources to go after criminal aliens instead.

[newacct 688]

Note that if you do a get a K-1 and enter the US with a K-1, you will still have to get married and then apply for Adjustment of Status. So it's not like you are skipping AOS by going that route -- you will still have to do the things you would do if you stayed and did AOS, just more (because you also have to get K-1).