Military hot line told us to get married and go adjustment of status instead?

[K1VISAT 7]

So as some of you know, we've had our I-129f petition basically ready to go for a week or so now. 

Yesterday my fiance called the military hot line as we just wanted to make sure we weren't missing anything on his end.

They asked us why were doing the k1 route, and said we should get married right now since I'm already in America and just do adjustment of status.

 

From all the research I've done and things I've ready , i was pretty surprised they'd suggest that.

I'm wondering what everyone's opinions are on this.

Are we not making the right decision going the k1 route?

Is it not faster?

They told him since I'm already here we can just marry and do adjustment of status and I can be here for the whole process. Isn't that route way longer waiting time? Like 12 months?

Also, if we did that, would I be able to go back to Canada during the process for a month and come back to America? Or would I have to wait? I still have my pet and rental apartment there..

Plus if we got married now, wouldn't I lose my benefits/health care in Canada?

Sorry for all the questions, I'm just not very familiar on this as I was on the K1. 

 

Thank you!

[geowrian 22,337]

They're correct. If you are inside the US right now, you can marry and file for AOS (and AP + EAD) just fine. AOS itself will likely take around a year, but you can remain in the US while it is process. If you are not in the US right now, or if you exit the US, you cannot re-enter with the intent to file AOS.

 

Once AOS is filed, you cannot leave the US for any reason until you have AP or a green card. If you do, AOS will be abandoned and you will need to do a CR-1/IR-1 visa instead (and likely will not be allowed back into the US until that visa is obtained). You cannot work in the US until you have an EAD or a green card. ETA for AP and EAD are 3-4 months from AOS filing (assuming you file them with AOS).

 

Once you file for AOS, your Canadian healthcare benefits and such are likely to no longer be valid as you are claiming US residency now. I'll defer to others here for specifics, though.

Edited June 20, 2017 by geowrian

[Coco8 1,042]

Yes, they are correct. It is much cheaper. You don't have to wait outside of the U.S. for 6-8 months. 

 

Basically, with the K-1 you go to the US, marry, and then AOS. What they advised you is to skip the K-1 and do the last part of the process (marry + AOS).

 

In addition to the AOS paperwork you will have to present evidence of the marriage. Like a lease or utility bills in both of your names, or joint bank account, joint card from target or some other store, etc. You should search VJ for ideas. These are things that can take a while to set up, in addition to filling the paperwork and getting documents. 

Edited June 20, 2017 by Coco8

[Suss&Camm 2,213]

Very shortly, the K1 is to enter the country legally (with requirement to get married). You are already here, just get married  

[s + j 71]

6 minutes ago, Coco8 said:

Yes, they are correct. It is much cheaper. You don't have to wait outside of the U.S. for 6-8 months. 

 

Basically, with the K-1 you go to the US, marry, and then AOS. What they advised you is to skip the K-1 and do the last part of the process (marry + AOS).

 

In addition to the AOS paperwork you will have to present evidence of the marriage. Like a lease or utility bills in both of your names, or joint bank account, joint card from target or some other store, etc. You should search VJ for ideas. These are things that can take a while to set up, in addition to filling the paperwork and getting documents. 

No documents are necessary to include in the AOS packet besides marriage license

[Coco8 1,042]

1 minute ago, s + j said:

No documents are necessary to include in the AOS packet besides marriage license

 

Ok. I had read some people got RFE requesting for more evidence of marriage. Maybe it is something to have ready just in case they get asked for more evidence?

[K1VISAT 7]

24 minutes ago, geowrian said:

They're correct. If you are inside the US right now, you can marry and file for AOS (and AP + EAD) just fine. AOS itself will likely take around a year, but you can remain in the US while it is process. If you are not in the US right now, or if you exit the US, you cannot re-enter with the intent to file AOS.

 

Once AOS is filed, you cannot leave the US for any reason until you have AP or a green card. If you do, AOS will be abandoned and you will need to do a CR-1/IR-1 visa instead (and likely will not be allowed back into the US until that visa is obtained). You cannot work in the US until you have an EAD or a green card. ETA for AP and EAD are 3-4 months from AOS filing (assuming you file them with AOS).

 

Once you file for AOS, your Canadian healthcare benefits and such are likely to no longer be valid as you are claiming US residency now. I'll defer to others here for specifics, though.

Interesting. I'm just here visiting and we've gotten all our stuff together for the k1. The thing keeping me from doing this is I can't just stay in America for a year waiting, as I have all my belongings, an apartment, and my cat at home in Canada. We were going to send in our I129f tomorrow and I was going to stay another 2 months and go back to Canada and start getting rid of my belongings and such. Ah I'm tossed up now on what to do..

[geowrian 22,337]

12 minutes ago, Coco8 said:

Basically, with the K-1 you go to the US, marry, and then AOS. What they advised you is to skip the K-1 and do the last part of the process (marry + AOS).

Yes, it is only the last piece (marry + AOS), but the AOS process is slightly different. AOS from a K-1 only needs the I-485 + supporting documents (+AP & EAD). AOS just as the spouse of a USC needs the I-130 (+supporting docs) + the I-485 (+supporting docs).

 

The cost is about the same. It's slightly cheaper than a K-1 (no MRV fee), but otherwise the costs are identical.

[K1VISAT 7]

8 minutes ago, Suss&Camm said:

Very shortly, the K1 is to enter the country legally (with requirement to get married). You are already here, just get married  

But what about my apartment and all my belongings and pet back home in Canada? I can't just let that all sit for a year while I wait

We were going to send in our I129F tomorrow and have me visit here 2 more months and I was going to go back to Canada and start tying up things on my end, getting rid of things and such. 

[geowrian 22,337]

3 minutes ago, K1VISAT said:

Interesting. I'm just here visiting and we've gotten all our stuff together for the k1. The thing keeping me from doing this is I can't just stay in America for a year waiting, as I have all my belongings, an apartment, and my cat at home in Canada. We were going to send in our I129f tomorrow and I was going to stay another 2 months and go back to Canada and start getting rid of my belongings and such. Ah I'm tossed up now on what to do..

Yup...that's a decision you and your fiance need to make. Are you fine marrying now? Are you able to stay in the US for 3-4 months after filing for AOS? If not, then the K-1 may be better. If you are fine with marrying now and staying in the US for that period of time, then AOS is likely much better.

 

Edit: It's not a year. You can file for AP. ETA: 3-4 months.

Edited June 20, 2017 by geowrian

[K1VISAT 7]

Just now, geowrian said:

Yup...that's a decision you and your fiance need to make. Are you fine marrying now? Are you able to stay in the US for 3-4 months after filing for AOS? If not, then the K-1 may be better. If you are fine with marrying now and staying in the US for that period of time, then AOS is likely much better.

I'm absolutely fin marrying now, and I'm fine staying in the US for 3 more months from now, but I can't stay here up to a year and wait for this process to end. Would I have to stay here for this whole process, start to finish? up to a year?

[geowrian 22,337]

1 minute ago, K1VISAT said:

I'm absolutely fin marrying now, and I'm fine staying in the US for 3 more months from now, but I can't stay here up to a year and wait for this process to end. Would I have to stay here for this whole process, start to finish? up to a year?

No, only until you get the green card or AP. You can file for AP at the same time as AOS. That will take about 3-4 months to be approved.

[K1VISAT 7]

3 minutes ago, geowrian said:

Yup...that's a decision you and your fiance need to make. Are you fine marrying now? Are you able to stay in the US for 3-4 months after filing for AOS? If not, then the K-1 may be better. If you are fine with marrying now and staying in the US for that period of time, then AOS is likely much better.

 

Edit: It's not a year. You can file for AP. ETA: 3-4 months.

I'm so sorry, I feel like I'm having the largest brain fart right now haha. 

So we would file, and after 3-4 months I can go back to Canada and take care of my things? Can I come back after that? 

Is there like a timeline/rules lay out for this whole process? I couldn't be anymore unfamiliar with it.

Thanks for having patience with me here haha! I appreciate everyone taking the time to explain

[geowrian 22,337]

7 minutes ago, K1VISAT said:

So we would file, and after 3-4 months I can go back to Canada and take care of my things? Can I come back after that? 

Yes. Once you get AP approved and have it in hand, you can go back to Canada and take care of things there, then re-enter the US fine. Extended stays abroad are not recommended, but even a couple/few months shouldn't be an issue.

 

Quote

Is there like a timeline/rules lay out for this whole process? I couldn't be anymore unfamiliar with it.

Here's the guide: http://www.visajourney.com/content/i130guide2

NOTE: The I-130 uses the I-130A instead of the G-325As now, but the I-485 still needs the beneficiary's G-325A.

 

AOS: ~1 year (could be 3-4 months, could be over a year)

I-131 (AP): ~3-4 months

I-765 (EAD): ~3-4 months. This is your work authorization.

You won't be able to get an SSN until you get the EAD (or green card)

 

5 minutes ago, Dee elle said:

You can travel out then in once you have your EAD and you can work with the AP.

Pssst! Flip those around.

Edited June 20, 2017 by geowrian

[Dida04 0]

50 minutes ago, K1VISAT said:

So as some of you know, we've had our I-129f petition basically ready to go for a week or so now. 

Yesterday my fiance called the military hot line as we just wanted to make sure we weren't missing anything on his end.

They asked us why were doing the k1 route, and said we should get married right now since I'm already in America and just do adjustment of status.

 

From all the research I've done and things I've ready , i was pretty surprised they'd suggest that.

I'm wondering what everyone's opinions are on this.

Are we not making the right decision going the k1 route?

Is it not faster?

They told him since I'm already here we can just marry and do adjustment of status and I can be here for the whole process. Isn't that route way longer waiting time? Like 12 months?

Also, if we did that, would I be able to go back to Canada during the process for a month and come back to America? Or would I have to wait? I still have my pet and rental apartment there..

Plus if we got married now, wouldn't I lose my benefits/health care in Canada?

Sorry for all the questions, I'm just not very familiar on this as I was on the K1. 

 

Thank you!

I'll add my two cents. You will not loose you health benefits in Canada until you immigrate.