About to submit my I-129f.. some last minute questions

[SalishSea 17,827]

Just now, ThomasNC1988 said:

The option is perfectly legal and not a No-no in anyway other than in people on the internet's minds. If you are in the US on any type of legal entry and decide to get married you can do so and file I-130 and 485 concurrently and get a greencard. The steps are laid out in the VJ guides.

Except as it applies when someone plans to do this and comes here with the intent to do this.

[ThomasNC1988 762]

1 minute ago, Jorgedig said:

Except as it applies when someone plans to do this and comes here with the intent to do this.

Yeah but that is all judge at entry. Once someone has entered there intent has already been judged. Or as it is so often simply put intent is judged at entry.

[FattieBanton 35]

3 minutes ago, Jorgedig said:

Except as it applies when someone plans to do this and comes here with the intent to do this.

that seems like such a gray area. and it kind of seems like my situation. i would hate to jeopardize my standing with uscis. i mean... we kind of did plan to get married. but covid19 sort of twisted our plans. she was supposed to come on a k1 visa after the normal proceedings. the embassy granted her quite the unusual visitor visa (the whole process was unusual. the embassy was already closed and they opened it just for her. no interview questions. she didnt even have to pay for it).

[SalishSea 17,827]

1 minute ago, FattieBanton said:

that seems like such a gray area. and it kind of seems like my situation. i would hate to jeopardize my standing with uscis. i mean... we kind of did plan to get married. but covid19 sort of twisted our plans. she was supposed to come on a k1 visa after the normal proceedings. the embassy granted her quite the unusual visitor visa (the whole process was unusual. the embassy was already closed and they opened it just for her. no interview questions. she didnt even have to pay for it).

Well, her intent was established at POE.  She was admitted and inspected on a visitor visa with plans to visit and then return home and pursue the K-1.

 

Plans changed.  If you get married now, you have the right to petition her and she has the right tp apply for an adjustment of status as an immediate relative of a USC.

 

There are many, many here on VJ who have done just that without issues.  There are also people who have entered and lied to CBP about intent, but from what you have said, that is clearly not your situation. 

[Lucky2Lucky 2,526]

@FattieBanton Please do a little research on the benefits of getting married now and adjusting her status. Does your wife need to go back home for any reason in say the next 6 months? If you get married and apply for adjustment of status you also would apply for advanced parole, which is a document that allows her to leave and return back to the US, and EAD which is a work permit. She would potentially be able to work in approx 6 months from now. Another thought to think about is if your income is able to support 4 people at this time. If not you would need to obtain a joint sponsor. Based on the little you wrote it would be the most appropriate step in your situation. 

[juancarlos 126]

It's an off topic but I love Kenya! I was working there for 2 years. Amazing!

 

Mambo! 

[Loren Y 2,755]

Here is a image of my AOS package before I sent it. Assemble your I-129F the same way, just won't have as many sections.

 

[JFH 12,190]

8 hours ago, FattieBanton said:

that seems like such a gray area. and it kind of seems like my situation. i would hate to jeopardize my standing with uscis. i mean... we kind of did plan to get married. but covid19 sort of twisted our plans. she was supposed to come on a k1 visa after the normal proceedings. the embassy granted her quite the unusual visitor visa (the whole process was unusual. the embassy was already closed and they opened it just for her. no interview questions. she didnt even have to pay for it).

What standing with USCIS? You are currently an unknown quantity to them. 
 

Since your fiancé entered legally with no intent to stay, you are able to apply for the adjustment of her status after getting married here.  No gray area in your case. It will save money and be quicker plus - and this for me would be the deciding factor - she won’t have to leave the children behind and return to Kenya for the interview. Let her stay with her children. They need their mother. 

[abrahambueno 14]

20 hours ago, FattieBanton said:

i have a cover letter and had each section numbered, then i had manila dividers with the colored tabs and printed out labels with each section number and brief description. but i guess that part won't be necessary now. i'll just have the cover letter, and then each document flowing after that. i think what i'll do is maybe paper clip each section (like the 13 page 129 form), then put them all into a single sheet protector like ThomasNC1988 suggests.

 

i'm considering doing the two-hole punch at the top, but i'm unsure about how to adjust our three hole puncher at the office. i know i could figure it out, or ask our office admin, but i'm not tryina screw up this packet

I did it exactly like you, in a binder, because of youtube videos I watched as well. Personally I had no problem and got accepted the whole way through, just waiting on a new interview date now. BUT that is just my personal experience. 

[FattieBanton 35]

12 hours ago, juancarlos said:

It's an off topic but I love Kenya! I was working there for 2 years. Amazing!

 

Mambo! 

hey juan, it indeed is a beautiful place with so many preventable problems. i pray one day we get the right leadership over there. regardless, i still love it. i'd rather be there than here in the US, but here is where the work is

[SteveInBostonI130 3,434]

Hi,

 

I suggest two options, and neither are fiance (K1):

 

1. Marry now in the US.  File for I-130 and I-1485 for adjustment of status.  The downside is that your wife will need to stay in the US until the AOS is processed or she gets advanced parole (AP).  The latter takes about 4-6 months.  Since she entered the US without the intention to marry, and the current events with Covid has modified your plans, this should not be an issue.

 

2. Marry now in the US.  File for I-130.  Do NOT file for adjustment of status.  Let your wife return if she needs to go home sooner than 6 months.  She can still come back to visit you if her tourist visa is multi entry and not expired, depending on the judgment of the CBP when she tells them she has a pending spouse visa petition.  The spouse visa (I-130) will be for consular processing, and your wife will need to be in her home country to complete the process.  I-130 used to take 12-18 months, but it has been going faster in the recent months.  Mine, for example, took 3 months to approve the petition and 6 weeks to get approved at NVC.  We are now waiting for the embassy to schedule an interview.

 

For your situation, the fiance visa is the worst option.

 

[FattieBanton 35]

16 hours ago, Luckycuds said:

@FattieBanton Please do a little research on the benefits of getting married now and adjusting her status. Does your wife need to go back home for any reason in say the next 6 months? If you get married and apply for adjustment of status you also would apply for advanced parole, which is a document that allows her to leave and return back to the US, and EAD which is a work permit. She would potentially be able to work in approx 6 months from now. Another thought to think about is if your income is able to support 4 people at this time. If not you would need to obtain a joint sponsor. Based on the little you wrote it would be the most appropriate step in your situation. 

 

 

8 hours ago, JFH said:

What standing with USCIS? You are currently an unknown quantity to them. 
 

Since your fiancé entered legally with no intent to stay, you are able to apply for the adjustment of her status after getting married here.  No gray area in your case. It will save money and be quicker plus - and this for me would be the deciding factor - she won’t have to leave the children behind and return to Kenya for the interview. Let her stay with her children. They need their mother. 

 

i would much rather she never have to go back. she certainly doesn't want to. i'm so confused now. everything you are all saying makes perfect sense. it's just odd having prepped myself for this for months, to suddenly have to re-evaluate. i'm definitely not gonna submit the 129f right away now.

 

some more information, she came in april and has now been here two months. 6months will be up on october 22

[FattieBanton 35]

3 minutes ago, SteveInBostonI130 said:

For your situation, the fiance visa is the worst option.

 

 

damn, when it you put it like that! 😲

[JFH 12,190]

25 minutes ago, FattieBanton said:

 

 

 

i would much rather she never have to go back. she certainly doesn't want to. i'm so confused now. everything you are all saying makes perfect sense. it's just odd having prepped myself for this for months, to suddenly have to re-evaluate. i'm definitely not gonna submit the 129f right away now.

 

some more information, she came in april and has now been here two months. 6months will be up on october 22

I understand that it’s taking some time to get your head round this big change of plan and that you are doubtful. The adjustment of status option is there for exactly this type of situation - she arrived here for a visit, you folks had every intention of applying for a K-1, even to the point where you have put considerable thought into how to prepare and present the paperwork, but circumstances beyond your control changed and the most logical thing to do would be to marry and adjust. 
 

I am normally one of the most skeptical people when it comes to people marrying and adjusting status from a tourist visa. We know that many of the people that go down that road planned it all along, however much against the rules that is. But yours is one of the only cases I have seen on here where it makes sense and is a genuine change of circumstance. 
 

It is irrelevant how long she has been here. Or how long she can stay. Marry when it suits you and file the adjustment of status paperwork. Once you get the official receipt from USCIS for the forms, she is in a period of authorised stay for however long it takes USCIS to adjudicate your case. 

[SalishSea 17,827]

2 hours ago, JFH said:

I am normally one of the most skeptical people when it comes to people marrying and adjusting status from a tourist visa. We know that many of the people that go down that road planned it all along, however much against the rules that is. But yours is one of the only cases I have seen on here where it makes sense and is a genuine change of circumstance. 

Totally agree.