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

[JFH 12,190]

39 minutes ago, Sarah_k92 said:

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! 

Totally agree! It’s an awful thing to be apart. We were married for over 2 years and went through a denial (we originally intended for him to move to me in the UK) before we could be together. It was awful at the time. I felt like my heart was being cut into tiny pieces. But it has an end. This too shall pass. And right now here I am waiting for my citizenship interview and the period apart is something I can barely remember. I’m almost at the stage where we have been living together longer than we were apart but it actually seems like the time together has been longer. Feels like I have been here forever with him - in a good way!

 

OP, be glad you have had the option to visit. But for COVID-19 you could still be visiting. There are many around the world that would love to have the luxury of the VWP and being from a country that is so welcomed here. Think of what you have, not what you don’t have. That thought got me through the process.

Edited July 9, 2020 by JFH

[JKLSemicolon 413]

1 hour 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.

I hear you, but patience is the key for all of us. Once it was underway, I personally found myself second guessing doing the K-1 versus getting married first and doing the CR1 instead.

 

We powered through it and now are a month away from my fiancée coming to the US on her K-1. Still, all of the current uncertainty doesn't help no matter where you are and what you have filed for.

 

Congrats on making things work through 5 years of a LDR. It's been 8.5 years for us. You can do it.

[Claire1212 6]

9 minutes ago, JKLSemicolon said:

I hear you, but patience is the key for all of us. Once it was underway, I personally found myself second guessing doing the K-1 versus getting married first and doing the CR1 instead.

 

We powered through it and now are a month away from my fiancée coming to the US on her K-1. Still, all of the current uncertainty doesn't help no matter where you are and what you have filed for.

 

Congrats on making things work through 5 years of a LDR. It's been 8.5 years for us. You can do it.

Thank you for the kind words. I wish you both the best and hopefully you guys can be together soon.

[Casjino 9]

Dont beat yourself up. This is hard, I definitely feel you on that one. But you are not alone in this. Eventually it will all be worth it. We will be reunited with our loved ones ♥️

[nykolos 711]

11 hours 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.

 

It all boils down to "Intent", Should the marriage takes place and they file for AOS, any planning or discussion of marrying before applying for a non-immigrant is Visa Fraud in the eyes of USCIS. 

 

 

[nykolos 711]

11 hours ago, Sparkle Sparkle said:

So basically you kicking your self for not committing fraud?

You nailed it. 

 

[Diane and Chris 651]

The only thing that I can add is, stay on VJ and keep reading. You will find that at your next step, which will be AOS, you will be able to do the paperwork yourself and not have to pay an attorney. Good luck to you two on your journey. We’ve all been there and sympathize with you. 

Edited July 10, 2020 by Diane and Chris

[bobjennyhitched 99]

https://www.estavisaus.org/news/5-facts-non-citizens-need-know-getting-married-us

 

This is an interesting page. It may be viewed as illegal, I said "may", the ESTA isn't designed for getting married. I had to void my K1 one in favour of a IR1. I needed to be in the UK as my Dad had a heart attack, took us an additional 2 years to move (other things delayed). Finally moved 26th April 2020.

Be patient, believe me, we were, lots of tears, stress etc..... but we ploughed through and are now today

 

Much love x

[geowrian 22,337]

4 minutes ago, jennywhite421 said:

https://www.estavisaus.org/news/5-facts-non-citizens-need-know-getting-married-us

"However, if after the ceremony you begin a Green Card or a K1 visa application, it might be considered that you have entered the U.S. for the purpose of marrying. This will make your visa application illegal, as ESTA is not designed for marrying purposes, but for short-term touristic/business visits."

 

Well yes, if after marrying in the US you begin a K-1 visa process, you would certainly have an issue. A K-1 is for unmarried people.

How is a visa application illegal? Well, I guess they mean it's fraudulent if you do the K-1 path and claim to be unmarried after marrying?

A destination wedding is a perfectly valid tourism activity.

 

Several other items on that page alone are just factually incorrect (i.e. needing an SSN to marry, must be in status or stay to marry, that the I-864 commitment is for 10 years, that to marry you need to be 18+, etc.).

[bobjennyhitched 99]

Just now, geowrian said:

"However, if after the ceremony you begin a Green Card or a K1 visa application, it might be considered that you have entered the U.S. for the purpose of marrying. This will make your visa application illegal, as ESTA is not designed for marrying purposes, but for short-term touristic/business visits."

 

Well yes, if after marrying in the US you begin a K-1 visa process, you would certainly have an issue. A K-1 is for unmarried people.

How is a visa application illegal? Well, I guess they mean it's fraudulent if you do the K-1 path and claim to be unmarried after marrying?

A destination wedding is a perfectly valid tourism activity.

 

Several other items on that page alone are just factually incorrect (i.e. needing an SSN to marry, must be in status or stay to marry, that the I-864 commitment is for 10 years, that to marry you need to be 18+, etc.).

Ah, well I didn't write it article . OK, may it might be fine. I just would be worried doing an AOS on the VWP programme in case they view that as fraud, again not saying they will view it as that way, just they might.

 

I think it's about intention when you entered the US, much like the UK, you need the Fiance Visa to get married (my husband and I got married UK side, then I moved US side). 

 

All I can say for OP is be patient now, took my husband and I 2 years to get through the Spousal Visa process so I get it.

[HRQX 4,145]

9 hours ago, jennywhite421 said:

I think it's about intention when you entered the US, much like the UK, you need the Fiance Visa to get married (my husband and I got married UK side, then I moved US side).

In the US it's 100% legal to intend to marry in the US with ESTA or B-1/B-2 and then file I-130 for consular processing: https://uk.usembassy.gov/visas/immigrant-visa-faqs/

Quote

We are traveling to the United States to marry and will return to the United Kingdom after marriage. Do I still need a fiancé(e) visa?

 

If you will return to your permanent residence you may apply for a tourist B-2 visa, or if eligible, travel visa free under the Visa Waiver Program.  At the time you apply for the visa and/or travel to the United States you will be required to show that you have a residence outside the United States that you do not intend to abandon. There is no set form that this evidence takes as it varies with each person’s circumstances.

 

[Ryan H 3,812]

Moved from Process & Procedures to Progress Reports.

[bobjennyhitched 99]

On 7/10/2020 at 7:30 PM, HRQX said:

In the US it's 100% legal to intend to marry in the US with ESTA or B-1/B-2 and then file I-130 for consular processing: https://uk.usembassy.gov/visas/immigrant-visa-faqs/

 

Can you then apply for the AOS on the ESTA? Should they return home to complete the CR1 process as the K1 process wouldn't apply?

 

I understand you can marry on the ESTA, but what about the AOS?

 

Quick research on the subject.

 

https://www.uscis.gov/policy-manual/volume-7-part-b-chapter-7

 

"An alien admitted as a nonimmigrant without a visa under a Visa Waiver Program is barred from adjustment of status. ^[8]Similarly, an alien admitted as a nonimmigrant without a visa to Guam or to the CNMI is barred from adjustment of status. ^[9] These bars do not apply, however, to those seeking to adjust status as an immediate relative of a U.S. citizen or VAWA-based applicants."

 

In addition, Chapter 3 talks about Unlawful Immigration and that immediate relatives are exempt from this. Also, I have an IR1 Permanent Residency Card, so I'd need to know if immigration comes into the application process of the marriage licence like it does in the UK. I married in the UK, and even though my husband and I settled in the USA, he had to have a fiance visa plus 10 weeks notice of marriage with the closest authority, but I don't think the marriage side is as strict in the US.

 

It looks like this might be OK, but as we all know its never a guaranteed way to permanent residence (GC) in the US and it's always down to the officer handling the case and their decision is usually final. It's worth a try, I wouldn't want to be barred from the states and it's about taking the risk.

 

Note: I didn't say fraud. I merely am stating that it's a case by case basis. 

[HRQX 4,145]

3 hours ago, jennywhite421 said:

Can you then apply for the AOS on the ESTA?

No. The preconceived intent to AOS is the illegal part. Intent to marry is allowed. That's why I said file I-130 to start consular processing. There are no US embassies or consulates within the US.

 

The US differs from the UK, because the UK requires UK marriage visa to marry in the UK. In the US, visitors (ESTA, B-2, etc.) can easily marry (e.g Vegas).

Edited July 13, 2020 by HRQX

[geowrian 22,337]

4 hours ago, jennywhite421 said:

Can you then apply for the AOS on the ESTA? Should they return home to complete the CR1 process as the K1 process wouldn't apply?

No, coming to apply for AOS would be fraud.

Yes, they would need to enter with intent to return home. They can do consular processing for a CR-1 visa once married (a K-1 no longer applies).

They can visit, subject to CBP inspection as always, through the process.

 

4 hours ago, jennywhite421 said:

"An alien admitted as a nonimmigrant without a visa under a Visa Waiver Program is barred from adjustment of status. ^[8]Similarly, an alien admitted as a nonimmigrant without a visa to Guam or to the CNMI is barred from adjustment of status. ^[9] These bars do not apply, however, to those seeking to adjust status as an immediate relative of a U.S. citizen or VAWA-based applicants."

This means only IRs of a USC can apply for AOS from VWP entry once inside the US. It does not mean it's okay to enter with intent to AOS is permitted.

 

4 hours ago, jennywhite421 said:

In addition, Chapter 3 talks about Unlawful Immigration and that immediate relatives are exempt from this. Also, I have an IR1 Permanent Residency Card, so I'd need to know if immigration comes into the application process of the marriage licence like it does in the UK. I married in the UK, and even though my husband and I settled in the USA, he had to have a fiance visa plus 10 weeks notice of marriage with the closest authority, but I don't think the marriage side is as strict in the US.

Nope, the US does not require a particular visa or legal status - or any status at all - to marry. The UK has a special visa to marry a resident, but the US does not.