K1 or get married while on ESTA?

[Honza 0]

Hi all!

Me and my boyfriend are planning our future together and we are at the stage of planning wedding. We just don´t know what would be the best option for us. 

Our situation is - I´m currently in the USA on ESTA, my boyfriend (USA citizen) is here with me and in few months he is going abroad for half a year. When it comes to timing, K1 visa would probably work for us. The problem is that after wedding I won´t be able to work or go outside of the USA for 6 months which seems really frustrating. Also the cost for the lawyer is pretty high. We were thinking if it woulnd´t be better to just get married now and apply for AOS. I have heard various views on this - we have been recommended to do it by one lawyer, but the other lawyer said this is since September 2019 considered an entry fraud. 

I wanted to ask you - if you have been in a similar situation - what would you recommend? And do you know anything more about getting married on ESTA? The plan would be that after wedding and before filing AOS, but I´m not sure if we can file AOS while I´m abroad. 

Thank you for your help in advance! 

[payxibka 10,045]

2 minutes ago, Honza said:

Hi all!

Me and my boyfriend are planning our future together and we are at the stage of planning wedding. We just don´t know what would be the best option for us. 

Our situation is - I´m currently in the USA on ESTA, my boyfriend (USA citizen) is here with me and in few months he is going abroad for half a year. When it comes to timing, K1 visa would probably work for us. The problem is that after wedding I won´t be able to work or go outside of the USA for 6 months which seems really frustrating. Also the cost for the lawyer is pretty high. We were thinking if it woulnd´t be better to just get married now and apply for AOS. I have heard various views on this - we have been recommended to do it by one lawyer, but the other lawyer said this is since September 2019 considered an entry fraud. 

I wanted to ask you - if you have been in a similar situation - what would you recommend? And do you know anything more about getting married on ESTA? The plan would be that after wedding and before filing AOS, but I´m not sure if we can file AOS while I´m abroad. 

Thank you for your help in advance! 

If you get married now you won't be able to work or leave the USA until you get advance parole (just like what happens to a k1), currently taking about 6 months.  

 

To file AOS you must be in the USA and have entry status to adjust from.  

 

 

[geowrian 22,337]

It's not fraud if you did not intend to stay upon entry. When you marry or file AOS has no bearing...if the lawyer is trying to refer to any sort of 90 day rule, run...he's trying to scare you.

 

Relevant featured thread:

 

[JulianaSteve 25]

56 minutes ago, Honza said:

 

Just an advice, lawyer aren't necessary if you don't have any real red flags.  We paid $3000 dollars and we did all the process alone because the lawyers make a lot of mistakes with our information... soooooo.. save your money!! Here in the Visa Journey you will find a lot of information. 

 

Best wishes 

[HRQX 4,145]

56 minutes ago, Honza said:

The problem is that after wedding I won´t be able to work or go outside of the USA for 6 months which seems really frustrating.

That is a drawback of the K-1. It's also a drawback of doing AOS on ESTA. That is why CR-1 is recommended:

K-1 and CR-1 comparison by @missileman:

On 6/21/2019 at 6:54 PM, missileman said:

Every couple has their own priorities, and each couple must decide which visa is better for their situation.

K-1
    Slightly faster arrival in the US (currently about 5 months sooner)    
    More expensive than CR-1    
    Requires Adjustment of Status after marriage (expensive and requires a lot of paperwork)    
    Spouse can not leave the US until she/he receives approved Advance Parole (approx 5-6 months)    
    Spouse can not work until she/he receives EAD (approx 5-6 months)    
    Some people have had problems with driver licenses, Social Security cards, leases, bank account during this period    
    Spouse will not receive Green Card for many months after Adjustment of Status is filed.

  

CR-1
    Slightly slower arrival in the US (currently about 5 months later)

    Less expensive than K-1    
    No Adjustment of Status(I-485, I-131, I-765) required.    
    Spouse can immediately travel outside the US    
    Spouse is authorized to work immediately upon arrival.    
    Spouse receives Social Security Card and Green Card within 2 or 3 weeks after entering the US    
    Opening a bank account, getting a driver's license, etc. are very easily accomplished with GC, SS card, and passport.

    Spouse has legal permanent Resident status IMMEDIATELY upon entry to US.

 

[jeanieCZ 228]

Honzo, 

podivej se na srovnani CR-1 visa a K-1 visa 👆

 

I'm doing a K-1 and I can tell you that if a year ago I knew what I know now, I would probably have chosen for the Spouse visa instead of Fiance. However. The good news is that just a little more than 6 months after filing my K-1, I should be receiving my passport with the visa within a couple of days!

 

Hiring a lawyer is unnecessary, unless you've had visa problems or trouble with the law in the past or you are in a complicated marital/personal situation. You can contact an immigration lawyer, pay them a one-time fee for a consultation to assess whether or not your case has any red flags which could be a reason to hire a lawyer. I did this and I can tell you the lawyer was pretty honest about it and told me and my fiancee that we should be able to go through the process without any legal counsel.

 

Good luck!

Edited September 13, 2019 by jeaniecz

[Ryan H 3,812]

Moved from K1 Progress Reports to What Visa Do I Need - Family Based Immigration forum.

[Ryan H 3,812]

***Hijack post removed; if you have your own question, you need to start your own thread.***