K-1 process vs. Adjustment of Status (merged)

[Ameriaussie 49]

Hi all! My fiancee and I are in need of some advice.

 

We are in the process of obtaining a K-1 visa, with only the interview in Sydney yet to take place. Australian fiance is currently in US on a tourist visa during the interim period, and our original plan was to return to Australia only to conduct the K-1 visa interview and then immediately return to US once the K-1 visa is issued.

 

We are now contemplating getting married in the US whilst fiance is on his tourist visa and then applying for an Adjustment of Status and abandoning the K-1 visa process, driven largely in part because fiancee has recently fallen pregnant.

 

Our understanding is that it is not permitted to enter the US on a tourist visa with the intention of getting married on a tourist visa and then applying for an Adjustment of Status. However, we are not sure whether we would be viewed by US immigration as falling within this category. The fiance entered the US with no intention of getting married on the tourist visa, and only recently has this intention changed.

 

Our question is whether US immigration would permit an Adjustment of Status application based on these circumstances, or whether the filing for the K-1 would be viewed as a clear intention to marry and thus a breach of the tourist visa. Can anybody help to advise on this!?

 

Also, even if an Adjustment of Status is allowed after marrying in US on a tourist visa, would it be faster and cheaper to simply obtain the K-1 visa for the purposes of obtaining a green card as opposed to applying for Adjustment of Status?

 

Thank you so much for your help!

[Boiler 46,198]

There is a VJ forum dealing with adjustment and guides for the process, hopefully on of our friendly Mods will move this post over there.

[Ameriaussie 49]

2 minutes ago, Boiler said:

There is a VJ forum dealing with adjustment and guides for the process, hopefully on of our friendly Mods will move this post over there.

Thank you!

[Cryssiekins 976]

Note:  AOS is still a part of the K1 process.  A K1 is not issued a green card until they arrive in the US, marry the petitioner, file for AOS, and then have the AOS adjusted.  
 

If the fiancé marries and then leaves the US, he is no longer eligible for a K1.

 

Intent is determined at the POE, so the fact he was admitted means CBP determined he did not have immigrant intent at the time of his entry. 

[TBoneTX 46,209]

Thread is moved from the K-1 Case Progress subforum to the main "AOS from K Visas" forum.

[Ameriaussie 49]

39 minutes ago, Cryssiekins said:

Note:  AOS is still a part of the K1 process.  A K1 is not issued a green card until they arrive in the US, marry the petitioner, file for AOS, and then have the AOS adjusted.  
 

If the fiancé marries and then leaves the US, he is no longer eligible for a K1.

 

Intent is determined at the POE, so the fact he was admitted means CBP determined he did not have immigrant intent at the time of his entry. 

Much appreciated, this is very useful!

[NicoleS 189]

It sounds like your interview is coming up soon(?). I'd continue with the K1 and get back to the US shortly after before the pregnancy is too far along to fly.

Or they can give birth in Australia. Lots of people give birth internationally during this process and bring their newborns to the US. You can even get the baby US citizenship while abroad.

 

 

[Mollie09 1,543]

4 hours ago, Ameriaussie said:

Hi all! My fiancee and I are in need of some advice.

 

We are in the process of obtaining a K-1 visa, with only the interview in Sydney yet to take place. Australian fiance is currently in US on a tourist visa during the interim period, and our original plan was to return to Australia only to conduct the K-1 visa interview and then immediately return to US once the K-1 visa is issued.

 

We are now contemplating getting married in the US whilst fiance is on his tourist visa and then applying for an Adjustment of Status and abandoning the K-1 visa process, driven largely in part because fiancee has recently fallen pregnant.

 

Our understanding is that it is not permitted to enter the US on a tourist visa with the intention of getting married on a tourist visa and then applying for an Adjustment of Status. However, we are not sure whether we would be viewed by US immigration as falling within this category. The fiance entered the US with no intention of getting married on the tourist visa, and only recently has this intention changed.

 

Our question is whether US immigration would permit an Adjustment of Status application based on these circumstances, or whether the filing for the K-1 would be viewed as a clear intention to marry and thus a breach of the tourist visa. Can anybody help to advise on this!?

 

Also, even if an Adjustment of Status is allowed after marrying in US on a tourist visa, would it be faster and cheaper to simply obtain the K-1 visa for the purposes of obtaining a green card as opposed to applying for Adjustment of Status?

 

Thank you so much for your help!

 

Do K-1 and then AOS after she comes back, or start AOS now? Seems like a no-brainer to me.

[Ameriaussie 49]

On 12/9/2019 at 3:47 PM, NicoleM said:

It sounds like your interview is coming up soon(?). I'd continue with the K1 and get back to the US shortly after before the pregnancy is too far along to fly.

Or they can give birth in Australia. Lots of people give birth internationally during this process and bring their newborns to the US. You can even get the baby US citizenship while abroad.

 

 

To clarify the person who fell pregnant is the U S. Citizen. 

[Ameriaussie 49]

Hi all! My fiancee and I are in need of some advice.

 

We are in the process of obtaining a K-1 visa, with only the interview in Sydney yet to take place. Australian fiance is currently in US on a tourist visa during the interim period, and our original plan was to return to Australia only to conduct the K-1 visa interview and then immediately return to US once the K-1 visa is issued.

 

We are now contemplating getting married in the US whilst fiance is on his tourist visa and then applying for an Adjustment of Status and abandoning the K-1 visa process, driven largely in part because fiancee has recently fallen pregnant.

 

Our understanding is that it is not permitted to enter the US on a tourist visa with the intention of getting married on a tourist visa and then applying for an Adjustment of Status. However, we are not sure whether we would be viewed by US immigration as falling within this category. The fiance entered the US with no intention of getting married on the tourist visa, and only recently has this intention changed.

 

Our question is whether US immigration would permit an Adjustment of Status application based on these circumstances, or whether the filing for the K-1 would be viewed as a clear intention to marry and thus a breach of the tourist visa. Can anybody help to advise on this!?

 

Also, even if an Adjustment of Status is allowed after marrying in US on a tourist visa, would it be faster and cheaper to simply obtain the K-1 visa for the purposes of obtaining a green card as opposed to applying for Adjustment of Status?

 

Thank you so much for your help!

 

P.s. the preggo is the U.S. citizen

[LilyJ 1,258]

Since there was no immigration intent upon arriving, you are absolutely allowed to do so. Not sure how USCIS will view it but as long as you are confident and honest there shouldn’t be an issue. If you have previously booked return flights or if the beneficiary still has a job or anything else in Australia, you could also use that to show that immigration was not the intent upon arrival. If you do end up adjusting status, and it’s asked about at the interview, just be honest in that you did not have intent to do so upon arriving and explain your reasonings for the change of mind. It happens and I’m sure it wouldn’t be the first time they’ve seen someone who was in the process of K1 or CR1/IR1 decide to adjust after entering for one reason or another. As to if it’s cheaper than K1, couldn’t tell you, but you’d have to adjust status after getting married if you go with the K1 anyways so the price gap may not be all that significant. But just be honest, be prepared to explain yourselves, and maybe try to gather what you can to show that you really did not have intent upon entering the US just in case

[Ameriaussie 49]

1 hour ago, LilyJ said:

Since there was no immigration intent upon arriving, you are absolutely allowed to do so. Not sure how USCIS will view it but as long as you are confident and honest there shouldn’t be an issue. If you have previously booked return flights or if the beneficiary still has a job or anything else in Australia, you could also use that to show that immigration was not the intent upon arrival. If you do end up adjusting status, and it’s asked about at the interview, just be honest in that you did not have intent to do so upon arriving and explain your reasonings for the change of mind. It happens and I’m sure it wouldn’t be the first time they’ve seen someone who was in the process of K1 or CR1/IR1 decide to adjust after entering for one reason or another. As to if it’s cheaper than K1, couldn’t tell you, but you’d have to adjust status after getting married if you go with the K1 anyways so the price gap may not be all that significant. But just be honest, be prepared to explain yourselves, and maybe try to gather what you can to show that you really did not have intent upon entering the US just in case

Thank you so much for the response. We are with mixed emotions at the moment. So overjoyed by the bundle of joy yet completely shocked. It will take us more than a couple of moments to gather our plans and acts together.  

[Ontarkie 14,512]

~~Duplicate threads merged. Please do not start more than one thread on this topic. As the topic is about AOS from Tourist visa rather than continue with the K1 the thread is moved to AOS from Work, Student and Tourist Visas.~~

[Ameriaussie 49]

34 minutes ago, Ontarkie said:

~~Duplicate threads merged. Please do not start more than one thread on this topic. As the topic is about AOS from Tourist visa rather than continue with the K1 the thread is moved to AOS from Work, Student and Tourist Visas.~~

Thank you

[debbiedoo 2,339]

you can adjust directly. We were nearing the interview (waiting for date) when we decided to do an about face and get married and adjust directly. We married dec 24, filed AOS in april and he had greencard in hand in november. so really, for us, and our service centers, we got his greencard in about the same amount of time as he would have if we had finished the k1, and possibly sooner.

 

since there was no intent when your fiance came to visit, it is not an issue and is permissible. The one thing to think about is they can not work until they have EAD or greencard, so that may be an issue. Also, being able to tie things up back home for him may be difficult. We are still paying for a storage unit in canada every month (yes, we can go back, just havent really had the time). so, keep those things in mind, too.