Abandon K1, Marry on ESTA and adjust status?

[aaron2020 11,651]

5 minutes ago, LilyJ said:

You cannot enter the US on an ESTA or tourist visa with the intent to adjust status. That is fraud.

OP is already in the US.  Preconceived intent at the POE is not an issue in OP's case.  Your point is moot. 

OP can adjust status.  That is legal.  

Edited November 13, 2019 by aaron2020

[LilyJ 1,258]

12 minutes ago, aaron2020 said:

OP is already in the US.  Preconceived intent at the POE is not an issue in OP's case.  Your point is moot. 

OP can adjust status.  That is legal.  

My bad, I guess I missed the part where OP was in the US already. I had assumed OP was still in the UK 

[Pitaya 2,577]

1 hour ago, geowrian said:

Doing AOS is a legal option here, although the misrepresentation (if deemed material) is not something that goes away. A waiver may be necessary. It is also because of stuff like this that others in the future may not have such luxuries. 

 

They do, although they may or may not fall under a petty offense exceptio for a visa (but not an ESTA AFAIK). Battery might not fall under that.

It may also be that because of stuff like that more AP seems to be de rigueur these days.

[Wuozopo 4,293]

17 hours ago, Danny & Karen said:

Even though it would be an even bigger risk going home and attending the interview to be denied and apart from my fiancé for the duration of a waiver, if ones available for my criminal record? That’s presuming they bring up the ESTA. I read that California is part of the Ninth Circle, which means one could appeal if denied? The attorney stated that at least we would be with each other during the wait and legal to work once the authorisation comes through, as opposed to waiting for the Waiver appeal, if ones even available and being apart from each other. 

 

In the end, this is your decision to make.  If the crime is so serious, you wouldn't be given a K1 visa, then it will still be considered at your AOS.  How serious was it? What happened?Did you go to court? To jail? How many years ago? 

 

Sounds like you didn't know people adjust from VWP and that appeals to you.  Pick a path. 

[Nitas_man 3,100]

7 hours ago, RamonGomez said:

 

What laws would they be skirting? There's nothing illegal about adjusting from ESTA, and I think from the post it's pretty clear they had no intention of adjusting until they spoke to the attorney.

If this is not skirting and everything is above board then there should be no issue in completing the K1 process right?

 

[mandsophia 160]

I abandoned my K1 visa and adjusted status on a b2 visa from canada. I was not as far in the process yet though, my petition was not yet approved and I do not have a crimimal history/any other abnormalities. We applied for a k1 visa while I was still in the US, and before I left to wait out the process, we found out we could aos and it made more sense for our circumstances later on. Had zero intent to stay, was still enrolled in university. It was no problem for me whatsoever. I do not know much about how the record will affect AOS compared to a K1, but I was never asked about intent at all during my interview for aos, or even why I abandoned the K1. 

 

Obviously, your case is more complex and a good lawyer that is experienced (not just one who takes your money) sounds like a good idea. I would guess that you lied on your esta is probably a bigger issue than the crime itself

Edited November 13, 2019 by mandsophia

[SalishSea 17,970]

5 hours ago, mandsophia said:

I would guess that you lied on your esta is probably a bigger issue than the crime itself

This.

[Mike&Tammy 13]

On 11/13/2019 at 4:33 PM, mandsophia said:

I abandoned my K1 visa and adjusted status on a b2 visa from canada. I was not as far in the process yet though, my petition was not yet approved and I do not have a crimimal history/any other abnormalities. We applied for a k1 visa while I was still in the US, and before I left to wait out the process, we found out we could aos and it made more sense for our circumstances later on. Had zero intent to stay, was still enrolled in university. It was no problem for me whatsoever. I do not know much about how the record will affect AOS compared to a K1, but I was never asked about intent at all during my interview for aos, or even why I abandoned the K1. 

 

Obviously, your case is more complex and a good lawyer that is experienced (not just one who takes your money) sounds like a good idea. I would guess that you lied on your esta is probably a bigger issue than the crime itself

Have you been approved yet? When did you file? My husband and I were preparing to file for the k1 as well when we found out about AOS.

[mandsophia 160]

21 hours ago, Mike&Tammy said:

Have you been approved yet? When did you file? My husband and I were preparing to file for the k1 as well when we found out about AOS.

Yes I was approved, I got my green card a few months ago. it is a completely fine path, I encountered no issues