Looking for input

[LJaKW 1]

Yapp, I am currently in the U.S. ... We just had to get some wedding stuff done so I just stayed in the U.S. for the summer, returning to Germany here in about a week and then back September first.

 

 

[Mollie09 1,543]

Are you planning on coming back September 1st using ESTA? Do you have ESTA now? It's not guaranteed that you'll be allowed back in after such a long stay.

You should stay and AOS, that's your safest bet right now.

[DrEllaNJ 288]

17 hours ago, LJaKW said:

Well our whole thing was, you can't really put on a wedding in 3 months you know, so we just planed ahead. I am sure it'll be fine. At least ABC is willing to give me my morning anchor slot back

 

Thanks again guys.

Is ABC willing to wait about 9 months for you?

You say (below) you're coming back to the US on September 1st. It's possible you may have your K1 visa by then, and you sound optimistic you will, but it's also possible that may be around the time they call you in for an interview. Or perhaps you'll still be waiting for the interview, or for your visa, and at the border they may turn you away since you have clear immigrant intent now with a K1 petition so close to being accepted.

 

If there's no pressing need for you to go back to Germany at this time, I'd recommend getting married (courthouse) and filing for AOS/EAD/AP now... you'll lose the $$ you sank in the K1 petition and have to spend extra $$ on a i-130 petition, but you'll be able to start working a lot earlier since you skip the 4+-month wait.

[David & Diana R 1,005]

20 hours ago, LJaKW said:

Well our whole thing was, you can't really put on a wedding in 3 months you know, so we just planed ahead. I am sure it'll be fine. At least ABC is willing to give me my morning anchor slot back

 

Thanks again guys.

Huh?  I arrived in the Philippines, proposed three days later and four days after that we had a beautiful wedding with over 100 guests.  No planning prior to my arrival.  In fact I was simply going to propose on that trip but I realized I loved my future wife so much we went ahead and got married.

[Coco8 1,042]

4 hours ago, Mollie09 said:

Are you planning on coming back September 1st using ESTA? Do you have ESTA now? It's not guaranteed that you'll be allowed back in after such a long stay.

You should stay and AOS, that's your safest bet right now.

Yes, I concur. Why not marry at the courthouse now? You can AOS and then have your big wedding. No need to keep waiting on the K-1 or maybe miss the opportunity of having the party you've been organizing. In 3-4 months you can have your EAD and resume your job. Otherwise, you are waiting for the K-1 and then you have to AOS, you are going to get your EAD by the end of the year or the beginning of 2018!

Edited June 19, 2017 by Coco8

[3rd 84]

If you don't need to go back to Germany, then it would be easier for you to stay, marry and adjust. You'll be able to work quicker and if they are willing to wait for you it'll be much less time than if you come in on the K-1 and then adjust. This is massively dependant on whether you have any loose ends to tie up back in Germany though, as you wouldn't be able to leave the States without Advance Parole.

[LJaKW 1]

Hey guys,

 

so adjustment of status would be the way to go now? I am flying out in a week. Can we still do it? 

[Scandi 4,186]

4 minutes ago, LJaKW said:

Hey guys,

 

so adjustment of status would be the way to go now? I am flying out in a week. Can we still do it? 

If you get married first, yes. I would stay and adjust status if I were you if you're already in the US anyway. 

[Mollie09 1,543]

28 minutes ago, LJaKW said:

Hey guys,

 

so adjustment of status would be the way to go now? I am flying out in a week. Can we still do it? 

Not if you're flying out in a week. You'd have to stay put for 90-120 days after you marry and file.

[Fr8dog 312]

According to the letter of the law, if you have the intent to get married prior to entry you cannot adjust from a VWP. If you had no intent of getting married, but just happened to come up with the idea while you are in the US, you can.

 

 

 

[Mollie09 1,543]

8 hours ago, Fr8dog said:

According to the letter of the law, if you have the intent to get married prior to entry you cannot adjust from a VWP. If you had no intent of getting married, but just happened to come up with the idea while you are in the US, you can.

 

 

 

 

Hm, not really. Intent is determined at POE, so either CBP determines you have intent when you seek entry and deny you, or they determine you don't have intent and let you in. What you do after you're allowed in is up to you, and your petition cannot be denied for intent anymore.

[millefleur 5,047]

5 minutes ago, Mollie09 said:

 

Hm, not really. Intent is determined at POE, so either CBP determines you have intent when you seek entry and deny you, or they determine you don't have intent and let you in. What you do after you're allowed in is up to you, and your petition cannot be denied for intent anymore.

This. You can adjust after marriage and it shouldn't be an issue. Intent is determined at POE, you shouldn't have any issues.

 

But like @Mollie09 said earlier: you have to be physically present in the US while AOS is pending. So, if for some reason it's imperative to return to Germany soon, AOS wouldn't work for you. With AOS, you'd have to wait to get Advanced Parole before you could travel outside the US again.

[geowrian 22,338]

9 hours ago, Fr8dog said:

According to the letter of the law, if you have the intent to get married prior to entry you cannot adjust from a VWP. If you had no intent of getting married, but just happened to come up with the idea while you are in the US, you can.

Getting married has no impact here. You can enter on VWP with the intent to get married fine. You cannot enter with the intent to get married and stay / file for AOS.

Edited June 20, 2017 by geowrian

[David & Diana R 1,005]

On 6/19/2017 at 2:32 PM, LJaKW said:

Hey guys,

 

so adjustment of status would be the way to go now? I am flying out in a week. Can we still do it? 

Heller?

[Fr8dog 312]

On 6/20/2017 at 8:31 AM, Mollie09 said:

 

Hm, not really. Intent is determined at POE, so either CBP determines you have intent when you seek entry and deny you, or they determine you don't have intent and let you in. What you do after you're allowed in is up to you, and your petition cannot be denied for intent anymore.

I used the phrase "letter of the law" for that reason.

If you have intend to marry and did not disclose upon entry, you could still be viewed as having entered the country through misrepresentation, the big no-no.

If you entered the country to plan the wedding (and disclosed that when asked what the purpose of the visit was). And the officer would admit you, I would agree with your statement.