Surprise! We got married! Now what?

[hellofromme 34]

my fiance (now husband) is from canada. 

 

we have been together 2 years. earlier this year we submitted a K1 package. He came down to visit last week (as he does every month or two), and we ... got married. It wasnt planned, we had (still have) actual wedding PLANS for late next year (we were going to do a courthouse wedding upon his arrival after k1 approval), but decided we were tired of waiting and decided to go ahead and get married. 

 

We both want him to stay and adjust directly. While he has a job there, thres really no other major ties (he sold his house last year), and his employer knew we were going through the immigration process and he would be leaving later this year or early next, anyways. 

 

Other than having to do a medical, we have everything we need for AOS. He (we) knows he can't work or travel internationally for some time and that's not an issue. 

 

We know our options, cancel the k1 and  him go back and refile for Cr1 or do a direct AOS, but wed really rather do the direct AOS. 

 

Is it really OKAY? to do a direct AOS, thats what we want to do but the idea of it still seems wrong, even though nothing was planned, he had (has) plans to be back at his job in a couple of weeks, there was no intent to stay (if that was the case we'd have done this LONG ago and not even filed the k1 lol!)  its just ... what we really want now.... as i said, waiting for EAD and AP isnt a big deal and we have all the paperwork (including the criminal record check) aside from the medical, which we can arrange for here. 

 

 

[Dashinka 24,846]

It may feel wrong, but it is perfectly legal to stay and AOS due to a spontaneous life changing event such as a marriage.  If he can stay and has no need to go back to Canada for 4-5 months prior to getting an AP, then stay and adjust.

 

Good Luck!

[Going through 5,671]

I would suggest you (petitioner) send a letter in writing to withdraw the K1 petition before filing the AOS.

Congrats on your marriage!  Yes you are fine for him to stay and adjust status within the US now.

 

Edited July 17, 2018 by Going through

[Amadia 711]

You have to withdraw the k1 petition since you are no longer fiance status and now spouse.

[hellofromme 34]

7 minutes ago, Going through said:

I would suggest you (petitioner) send a letter in writing to withdraw the K1 petition before filing the AOS.

Congrats on your marriage!  Yes you are fine for him to stay and adjust status within the US now.

 

Yes, I know! 

 

how long of a delay do you think there should be between the two?  Not sure hoow fast they open and process mail lol would it (the k1 withdrawl) go to the TSC address where we originally sent the petition or to CSC where it is now?

[Going through 5,671]

Normally just the service center.  But you can also make an infopass appointment and hand the letter there in person as well.

There doesn't need to be a delay between the K1 withdrawal and the AOS filing.