Coronavirus and currently visiting in the US (K1 Approvdd)

[Just Paul 4,594]

6 hours ago, Newhawaiki said:

Can someone please explain how the AOS is possible from a VWP,

It is possible on any VISA, visa waiver, and even TPS I believe.  Again only if married to a USC.

 

Even if there isn't a K1 in process people come in on VWP and get married - like a destination wedding in Vegas.

[Boiler 44,869]

Well to be very picky there are a few exceptions, in transit and crew come to mind, not sure I have ever seen somebody in transit but it has come up a few times for crew.

 

And those who enter on a K1 and want to marry someone else, now that comes up surprisingly often.

[caitlinrose88 6]

1 minute ago, Boiler said:

Well to be very picky there are a few exceptions, in transit and crew come to mind, not sure I have ever seen somebody in transit but it has come up a few times for crew.

 

And those who enter on a K1 and want to marry someone else, now that comes up surprisingly often.

Oh wow now that’s something I wouldn’t have thought of being an issue! 😂 Thank you very much for all of your help and guidance. Gonna run to the county clerk as soon as they open back up in Colorado. 

[Boiler 44,869]

3 minutes ago, caitlinrose88 said:

Oh wow now that’s something I wouldn’t have thought of being an issue! 😂 Thank you very much for all of your help and guidance. Gonna run to the county clerk as soon as they open back up in Colorado. 

Trying to remember how much it is, when I went and renewed the truck tags there was a sign, $25?, anyway not much whatever it was.

 

If you can think of it you will find it on VJ and a few you can not think of.

[caitlinrose88 6]

Just now, Boiler said:

Trying to remember how much it is, when I went and renewed the truck tags there was a sign, $25?, anyway not much whatever it was.

 

If you can think of it you will find it on VJ and a few you can not think of.

I believe yes $30 cash only. Cheap! 

[Sinead91 246]

5 hours ago, Boiler said:

Because the Law allows me to?

 

Why would an officer even ask such a question, they have been trained in USCIS procedures.

Yet a USCIS officer would say it is fraudulent to do so, or so we were told. I can imagine a tier 1 agent, or any USCIS agent can't explicitly say "yes go ahead, get married and change your visa"....

 

Are there any links on gov sites that say it is legal? (just to give myself a piece of mind....and yes i am also trawling through the forums reading other stories)

[Boiler 44,869]

Just now, Sinead91 said:

Yet a USCIS officer would say it is fraudulent to do so, or so we were told. I can imagine a tier 1 agent, or any USCIS agent can't explicitly say "yes go ahead, get married and change your visa"....

 

Are there any links on gov sites that say it is legal? (just to give myself a piece of mind....and yes i am also trawling through the forums reading other stories)

Do you think VJ would have a section dealing with adjustment if it was not legal?

 

Many people on here have adjusted, admittedly more seem to be CR1 and K1, amusing most people I have met in the real world just adjusted.

[Sinead91 246]

3 minutes ago, Boiler said:

Do you think VJ would have a section dealing with adjustment if it was not legal?

 

Many people on here have adjusted, admittedly more seem to be CR1 and K1, amusing most people I have met in the real world just adjusted.

Not saying there'd be posts here suggesting things that are illegal  

 

I also have a friend who moved here a couple of years ago, on ESTA and married and adjusted, however she spent thousands in lawyers fees which I would hope to avoid. I am just trying to gather as much information as possible before we cancel our k1 petition  and since we've already been in the process since october, we want to do things as correct as possible to avoid delays, confusion or refusal.

[Boiler 44,869]

This is more a DIY site, now everybody to their own and sometimes a Lawyer is needed, those with say complicated criminal pasts, I would never say somebody should not use a Lawyer, their money their call, but most people can do it themselves.

[SusieQQQ 11,586]

1 hour ago, Sinead91 said:

Yet a USCIS officer would say it is fraudulent to do so, or so we were told. I can imagine a tier 1 agent, or any USCIS agent can't explicitly say "yes go ahead, get married and change your visa"....

 

Are there any links on gov sites that say it is legal? (just to give myself a piece of mind....and yes i am also trawling through the forums reading other stories)

It's fraudulent to misrepresent yourself /your intent - claim to be entering for tourist purposes but actually intend to stay and adjust. It's not fraudulent to change your mind after you enter. As you can imagine, we have had many people here "changing their mind" once they enter. You appear to be one of the few that actually genuinely appears to have done so. Have yet to see anyone who is marrying a US citizen get into trouble for this, because the other aspect of marrying a citizen is you get forgiven most (not all) stuff you shouldn't do. On the other hand, if you were intending to marry a permanent resident or adjust status on some other basis, you could certainly expect your intent to be closely scrutinized and possibly have your application denied, because you wouldn't have the USC spouse get-out-of-jail-free card.

 

 

[SusieQQQ 11,586]

Not sure if this is the official OK you're looking for (as a spouse of USC you will be an "immediate relative"):

 

INA section 245(c)(4) renders aliens admitted under the VWP ineligible to adjust status to that of a person admitted for permanent residence. This provision, however, includes an exception for immediate relatives of U.S. citizens.  Thus, an individual admitted under the VWP who is also an immediate relative is not precluded from seeking adjustment of status, even after the VWP period has expired.

 

https://www.uscis.gov/sites/default/files/files/nativedocuments/2013-1114_AOS_VWP_Entrants_PM_Effective.pdf (above about midway down second page)

 

 

Edited March 18, 2020 by SusieQQQ

[Sinead91 246]

15 minutes ago, SusieQQQ said:

Not sure if this is the official OK you're looking for (as a spouse of USC you will be an "immediate relative"):

 

INA section 245(c)(4) renders aliens admitted under the VWP ineligible to adjust status to that of a person admitted for permanent residence. This provision, however, includes an exception for immediate relatives of U.S. citizens.  Thus, an individual admitted under the VWP who is also an immediate relative is not precluded from seeking adjustment of status, even after the VWP period has expired.

 

https://www.uscis.gov/sites/default/files/files/nativedocuments/2013-1114_AOS_VWP_Entrants_PM_Effective.pdf (above about midway down second page)

 

 

 Thank you so much for both your comments. This is something that helps ease the mind a bit....

 

thank you to everyone for their great help and comments, and for those who have messaged me also...I hope this thread continues to provide more info for those in a similar situation to me ❤️

[Sinead91 246]

Hi all. I’m still he..I am due to fly home on the 26th, but the airline has cancelled all flights from Seattle (from what I can see...I have not yet been notified). I have seen some posts where posters suggested a user must return home rather than adjust status simply because flights are still available.

 

i have also been told by another user that it is unadvisable to adjust status (since my petition was only approved) as USCIS will see an influx of cases like this and that we are just taking advantage of COVID19...and was even mentioned “could be seen as a calculated move” to abandon K1 during this time.

 

with marriage offices closed, it seems very unlikely that we will be able to,ove our marriage forward.

 

my esta is stamped until 2nd of June....should I stay here regardless and spend 5is quality time with my fiancé in the hope that flights move again by June? Or do I go on Thursday 🧐 what would you do in my situation?

[Boiler 44,869]

5 minutes ago, Sinead91 said:

Hi all. I’m still he..I am due to fly home on the 26th, but the airline has cancelled all flights from Seattle (from what I can see...I have not yet been notified). I have seen some posts where posters suggested a user must return home rather than adjust status simply because flights are still available.

 

i have also been told by another user that it is unadvisable to adjust status (since my petition was only approved) as USCIS will see an influx of cases like this and that we are just taking advantage of COVID19...and was even mentioned “could be seen as a calculated move” to abandon K1 during this time.

 

with marriage offices closed, it seems very unlikely that we will be able to,ove our marriage forward.

 

my esta is stamped until 2nd of June....should I stay here regardless and spend 5is quality time with my fiancé in the hope that flights move again by June? Or do I go on Thursday 🧐 what would you do in my situation?

I would marry stay and adjust. Seems you have no great need to return home. Getting a marriage license seems the major issue.

 

But of course your call.

[Sinead91 246]

2 minutes ago, Boiler said:

I would marry stay and adjust. Seems you have no great need to return home. Getting a marriage license seems the major issue.

 

But of course your call.

Thank you for your input, and input the whole way through this thread. 

 

We are still talking about it... But I think because we are both so cautious and anxious, I should return home rather than risk over staying 😔