I feel like I have made a mistake with not voiding a K1

[Claire1212 6]

Hello everyone.

Me and my fiance have been together for 5 years now. LDR sucks. My heart hurts when we are apart. 

I visited him in March 6, on an ESTA and stayed till June 6 because there were barely any flights available. In April we filled our K1, after finally gathering all of the required documents with the help of our attorney. Now, here is the problem. I started noticing a lot of couples decided to void their K1 and instead get married while visitting and apply for AOS. I always thought applying for AOS while on ESTA or tourist visa was hard to convince not being a fraud, therefor not worth the risk. But I guess due to the pandemic it isn't so hard.

Now I am kicking myself in the ### for not getting married to my fiance and applying for AOS while I was there and just continuing our K1. I just want to be with him and I hate being apart so much.

Please someone tell me I haven't made a huge mistake. I honestly feel so depressed and nausious because of it. I feel like I have missed a chance on being with him until I get green card there, and instead went back and now we don't know how long our K1 will even take.

[emma24 161]

@Claire1212 No sense in kicking yourself while you're down.....You can't change the past so it's best to be optimistic for the future! You'll be together one day. It may not be as quickly as you want, but it will happen. That's what I tell myself everyday while waiting on our K1 too. ❤️

 

Edited July 9, 2020 by emma24

[Sparkle Sparkle 914]

So basically you kicking your self for not committing fraud?

[Reagbutts 4]

46 minutes ago, Claire1212 said:

Hello everyone.

Me and my fiance have been together for 5 years now. LDR sucks. My heart hurts when we are apart. 

I visited him in March 6, on an ESTA and stayed till June 6 because there were barely any flights available. In April we filled our K1, after finally gathering all of the required documents with the help of our attorney. Now, here is the problem. I started noticing a lot of couples decided to void their K1 and instead get married while visitting and apply for AOS. I always thought applying for AOS while on ESTA or tourist visa was hard to convince not being a fraud, therefor not worth the risk. But I guess due to the pandemic it isn't so hard.

Now I am kicking myself in the ### for not getting married to my fiance and applying for AOS while I was there and just continuing our K1. I just want to be with him and I hate being apart so much.

Please someone tell me I haven't made a huge mistake. I honestly feel so depressed and nausious because of it. I feel like I have missed a chance on being with him until I get green card there, and instead went back and now we don't know how long our K1 will even take.

I would feel the same way.
I’m sure most people would even the people who scream ‘fraud’ in your face 😴 but it’s been and gone and there is no point in dwelling on on the past 😊

Your allowed too be upset about the situation. On the bright side Your application is in and you’ll get there one day ❤️

 

[arken 4,197]

17 minutes ago, Sparkle Sparkle said:

So basically you kicking your self for not committing fraud?

Filing for AOS while in the US on nonimmigrant visas is not committing fraud. If the OP now enters the US with intent to marry and file AOS, that would be a fraud.

 

To the OP:

Yes you could have done that but as others have said, past is past and hope you will immigrate to the US soon.

[Greenbaum 12,259]

51 minutes ago, arken said:

Filing for AOS while in the US on nonimmigrant visas is not committing fraud. If the OP now enters the US with intent to marry and file AOS, that would be a fraud.

 

To the OP:

Yes you could have done that but as others have said, past is past and hope you will immigrate to the US soon.

The OP said that she was in the US on an ESTS visa. You can marry on an ESTS visa, but she/he must leave the country and file a I-130, Petition for Alien Relative otherwise she is here illegally. Trying to marry while on an ESTS visa and trying to complete AOS is fraud. So, @Sparkle Sparkle is correct.

[arken 4,197]

35 minutes ago, Greenbaum said:

The OP said that she was in the US on an ESTS visa. You can marry on an ESTS visa, but she/he must leave the country and file a I-130, Petition for Alien Relative otherwise she is here illegally. Trying to marry while on an ESTS visa and trying to complete AOS is fraud. So, @Sparkle Sparkle is correct.

The USCIS says otherwise.

 

https://www.uscis.gov/sites/default/files/files/nativedocuments/2013-1114_AOS_VWP_Entrants_PM_Effective.pdf

[Duke & Marie 1,389]

57 minutes ago, arken said:

The USCIS says otherwise.

 

https://www.uscis.gov/sites/default/files/files/nativedocuments/2013-1114_AOS_VWP_Entrants_PM_Effective.pdf

Well, like others have said, you can visit on an esta, marry and adjust  BUT there shouldn’t have been intent to do that at the time of entry to the country.. so it’s basically two seperate scenarios..

 

1. Legal came on vacation, with intent of going home (kept accomodation, bills, furniture, job etc in home country) bf popped the question, you got married filed adjustment of status and got family/friends to close up all your loose ends at home, rather than go home and file CR1... or

2. Fraudulent way... packed up, sold everything, quit job, said bye to family, entered US told BC you’re here on 2 week vacation, knowing full well you weren’t going home because you planned to marry and stay, then got married and filed AOS.. a K1 would be the visa needed for this.

 

other than that, it’s perfectly legal to plan to enter and marry on esta provided you go home, it’s the whole destination wedding thing, but shouldn’t do that while planning to stay Post marriage 

Edited July 9, 2020 by Duke & Marie

[JFH 12,189]

Everything happens for a reason.

 

I visited my now-husband over 40 times during the period we were “dating”, engaged , early days of marriage whilst waiting for my CR-1 to be complete. Many times I wished I would have just stayed. We even turned around on the way to the airport once when I was due to fly home and called the airline and changed my ticket to have another week because I couldn’t bear to leave. 
 

Adjusting status is very “final”. Once you’ve started the process, you have to continue to the end or find yourself in an even worse situation of having to start the whole visa process again and the possibility of not being able to visit during it (your days of VWP would be over and trying to convince a consular officer that you are not going to overstay on a B-2 when you have done exactly that before on the VWP is going to be a mammoth task). 
 

Also, it leaves you without the option to properly tie up your affairs back home, bid farewell to friends and family, enjoy your last months in your homeland before you leave for good. I am glad that I didn’t listen to my heart when I was visiting and decide to stay. I’m glad I listened to my head. I enjoyed those final months in England. I spent my time traveling around the country, seeing friends and family that I would not be able to see for a long time (someone also for the very last time), went on boozy nights out with friends, ate as much of my favourite foods as I could, and really overdosed myself on all things England. When my visa came through I was ready to leave. House had been sold, belongings packed and shipped, left my job, said goodbye to everyone. I still miss England but I don’t feel I left in the middle of something, if you see what I mean. I had closed the door properly.

 

I understand you can’t wait to be with your fiancé. We all went through that. But you have your whole lives ahead of you. Enjoy these last months at home - you will miss it when you’re gone. 

[Scandi 4,136]

The intent was determined at the border when entering the US. Yes, you should've gotten married and filed for AOS.

 

What's done is done, you can't go back and change that now. Now you have the intent, so don't try to get back to the US to marry and adjust status. 

 

Follow through with the K-1, even if the future is quite uncertain for K-1ers considering the potential furlough USCIS may have to face on August 3rd. I don't recommend anyone to file for a K-1 the way things are now (the CR-1 is a much better option, especially now) but you already filed and paid the fee, so it's probably best to stick with it now. 

[Claire1212 6]

Thanks everyone for your replies. I do know it can be viewed as "fraud" and that's why I never even considered it as an option. But I have seen so many couples go that route and even be advised by their immigration attorney's

[arken 4,197]

19 minutes ago, Duke & Marie said:

Well, like others have said, you can visit on an esta, marry and adjust  BUT there shouldn’t have been intent to do that at the time of entry to the country.. so it’s basically two seperate scenarios..

 

1. Legal came on vacation, with intent of going home (kept accomodation, bills, furniture, job etc in home country) bf popped the question, you got married filed adjustment of status and got family/friends to close up all your loose ends at home, rather than go home and file CR1... or

2. Fraudulent way... packed up, sold everything, quit job, said bye to family, entered US told BC you’re here on 2 week vacation, knowing full well you weren’t going home because you planned to marry and stay, then got married and filed AOS.. a K1 would be the visa needed for this.

 

other than that, it’s perfectly legal to plan to enter and marry on esta provided you go home, it’s the whole destination wedding thing, but shouldn’t do that while planning to stay Post marriage 

Completely agree.

[Claire1212 6]

23 minutes ago, JFH said:

Everything happens for a reason.

 

I visited my now-husband over 40 times during the period we were “dating”, engaged , early days of marriage whilst waiting for my CR-1 to be complete. Many times I wished I would have just stayed. We even turned around on the way to the airport once when I was due to fly home and called the airline and changed my ticket to have another week because I couldn’t bear to leave. 
 

Adjusting status is very “final”. Once you’ve started the process, you have to continue to the end or find yourself in an even worse situation of having to start the whole visa process again and the possibility of not being able to visit during it (your days of VWP would be over and trying to convince a consular officer that you are not going to overstay on a B-2 when you have done exactly that before on the VWP is going to be a mammoth task). 
 

Also, it leaves you without the option to properly tie up your affairs back home, bid farewell to friends and family, enjoy your last months in your homeland before you leave for good. I am glad that I didn’t listen to my heart when I was visiting and decide to stay. I’m glad I listened to my head. I enjoyed those final months in England. I spent my time traveling around the country, seeing friends and family that I would not be able to see for a long time (someone also for the very last time), went on boozy nights out with friends, ate as much of my favourite foods as I could, and really overdosed myself on all things England. When my visa came through I was ready to leave. House had been sold, belongings packed and shipped, left my job, said goodbye to everyone. I still miss England but I don’t feel I left in the middle of something, if you see what I mean. I had closed the door properly.

 

I understand you can’t wait to be with your fiancé. We all went through that. But you have your whole lives ahead of you. Enjoy these last months at home - you will miss it when you’re gone. 

With all the uncertain things happening lately, I hate to say it but I am so ready to be there with him. I've been in LDR for 5 years and I had more than enough time in my country without him. I don't mind waiting for the K1. But I won't lie and say the furloughs and embassies still closed don't scare me.

Edited July 9, 2020 by Claire1212
typo

[Sarah_k92 112]

44 minutes ago, Claire1212 said:

With all the uncertain things happening lately, I hate to say it but I am so ready to be there with him. I've been in LDR for 5 years and I had more than enough time in my country without him. I don't mind waiting for the K1. But I won't lie and say the furloughs and embassies still closed don't scare me.

Just relax. We all have been through this or are going through this. It’s all a process and this time apart makes it all worth the wait. It was awful being apart from my husband when we were doing our K1. Here we are applying for ROC. No matter which route you take, it’ll all fall into place. Stick with the process. You got this! 

[Greenbaum 12,259]

2 hours ago, arken said:

The USCIS says otherwise.

 

https://www.uscis.gov/sites/default/files/files/nativedocuments/2013-1114_AOS_VWP_Entrants_PM_Effective.pdf

She would have to marry and file the AOS while still within her 90 WVP status. Outside the 90 days and she is now here illegally. This would be a difficult and time-consuming process if every USCIS wanted to "argue" her initial intent. I think this would lead down a winding and twisty road that should be avoided.

 

Thank for the link. I searched and found other articles that review the intent of that "letter" which was an informative read.