Anybody given up on getting a K1 Visa and just got married?

[Lemonslice 4,834]

43 minutes ago, VisaDonnie said:

True. You only need to apply for an I-485 which costs $1140 + $85.00 Biometric fee + $1000.00 filing fee, the I-130 is a petition for a foreign relative. Not sure what EAD is.

Please read the guides:

https://www.visajourney.com/guides/

 

Under "Both spouses are currently in the US".

[VisaDonnie 54]

16 minutes ago, Lucky Cat said:

That is incorrect........You must file an I-130 if she files while here on a tourist visa.  She can concurrently file the I-130, I-485, I-131, I765, and I-944.  You might want to study this  (plus I-944)

 

 

Your right I stand corrected, add another $535 bucks...lol

[Crazy Cat 41,831]

Just now, VisaDonnie said:

Your right I stand corrected, add another $535 bucks...lol

But you save the cost of a trip back to he home country........Based on what you have posted, I see no reason to continue the K-1........but only you and your spouse can make that decision.....Good luck.

[VisaDonnie 54]

13 minutes ago, Lucky Cat said:

You need to do a lot of study.  What $1000 filing fee are you talking about?   You DO need to file an I-130.

I don’t need a lot of studying, the fees are directly from the USCIS website and I called them. But you are correct about the I-130, I stand corrected.

[TT & R 6]

23 minutes ago, JFH said:

It’s possible but only if the person arrived with no intention to stay. Intent is determined at POE.  In this case, the person arrived with every intention of just visiting but circumstances changed. That happens sometimes and that’s why the option is there. What is fraud is when the person travels here on a B-2 with the intention of staying and adjusting status. 

Interesting.  

I'm inquiring to learn of my potential options.

 

Seems a bit of gray area. Arriving as tourist, but with K1 (intent to marry....at some point)

 

The circumstances that change or are ok are a bit unclear to me.  No flight out of country is easy one. But what others are considered ok. 

 

Due to covid-19, abandoning K1 & getting married has crossed my mind but I didn't think it was viable option for her to remain in U.S if we did this option. I was under impression she'd have to return then we'd be 12+ months waiting on process.   

 

 

 

 

 

[Lemonslice 4,834]

6 minutes ago, T and E said:

Interesting.  

I'm inquiring to learn of my potential options.

 

Seems a bit of gray area. Arriving as tourist, but with K1 (intent to marry....at some point)

 

The circumstances that change or are ok are a bit unclear to me.  No flight out of country is easy one. But what others are considered ok. 

 

Due to covid-19, abandoning K1 & getting married has crossed my mind but I didn't think it was viable option for her to remain in U.S if we did this option. I was under impression she'd have to return then we'd be 12+ months waiting on process.   

 

 

 

 

 

It's not a grey area at all. Adjustment of status is a valid and legal option in these cases.

[Crazy Cat 41,831]

14 minutes ago, T and E said:

Seems a bit of gray area. Arriving as tourist, but with K1 (intent to marry....at some point)

Intent is evaluated for EACH entry.........CBP determined her intent was to return to her country after the CURRENT entry ......then circumstances changed.  

Edited July 16, 2020 by Lucky Cat

[Crazy Cat 41,831]

12 minutes ago, VisaDonnie said:

I don’t need a lot of studying

All we can do is point you in the right direction.....

[VisaDonnie 54]

23 minutes ago, Lucky Cat said:

But you save the cost of a trip back to he home country........Based on what you have posted, I see no reason to continue the K-1........but only you and your spouse can make that decision.....Good luck.

Agree, we are sort of in a catch-22, so we will wait another 3 or 4 weeks if no response from the B2 extension filed then we pretty much have no choice but to get married here now, abandon our K-1 process and file for the AOS. I’ll keep everybody posted on how it progress’s and post it so others who are in the same boat can make an educated decision.

[Crazy Cat 41,831]

6 minutes ago, VisaDonnie said:

Agree, we are sort of in a catch-22, so we will wait another 3 or 4 weeks if no response from the B2 extension filed then we pretty much have no choice but to get married here now, abandon our K-1 process and file for the AOS. I’ll keep everybody posted on how it progress’s and post it so others who are in the same boat can make an educated decision.

What is the benefit for her to return and continue the K-1?

[VisaDonnie 54]

22 minutes ago, T and E said:

Interesting.  

I'm inquiring to learn of my potential options.

 

Seems a bit of gray area. Arriving as tourist, but with K1 (intent to marry....at some point)

 

The circumstances that change or are ok are a bit unclear to me.  No flight out of country is easy one. But what others are considered ok. 

 

Due to covid-19, abandoning K1 & getting married has crossed my mind but I didn't think it was viable option for her to remain in U.S if we did this option. I was under impression she'd have to return then we'd be 12+ months waiting on process.   

 

 

 

 

 

You always have the option of getting married to a person over here on a B2 Tourist VISA. There is nothing stopping anybody from marrying, but what does matter is intent. My fiancé was only coming for a family party here in the USA and then was going to stay a few weeks and return home, then Covid-19 came and she couldn't fly back home and has been stuck here. we had also already filed for the K-1 process and we were down to the interview at the Embassy, but he Embassy shut down, so none of these things were under our control. What I don’t want is for her to be here illegally which sort of voids the K-1. Now you can be here illegally so to speak if you filed for an extension of the B-2 and during that time your return date has passed, but if the extension comes back denied then your in big trouble. I just posted this to see if anybody else just decided to get married because they were in the same situation as me. I’ll keep everybody posted as to what happens next with us. Thanks to everybody for all the advice.!!

[VisaDonnie 54]

Just now, Lucky Cat said:

What is the benefit for her to return and continue the K-1?

Well if we got the extension on the B2 Visa then we would stick it out with the K-1 Process. I asked for an extension until 31 DEC 2020 hoping by then we could fly to Bogota for the interview. I mean your right, I will still have to pay $$ for the AOS whether we get married now or later under the K-1.

[Crazy Cat 41,831]

1 minute ago, VisaDonnie said:

Well if we got the extension on the B2 Visa then we would stick it out with the K-1 Process. I asked for an extension until 31 DEC 2020 hoping by then we could fly to Bogota for the interview. I mean your right, I will still have to pay $$ for the AOS whether we get married now or later under the K-1.

Be aware that once she files an I-485, she is granted "authorized stay" until a decision has been made.  She will not accrue unlawful presence during that time.

[TT & R 6]

38 minutes ago, VisaDonnie said:

You always have the option of getting married to a person over here on a B2 Tourist VISA. There is nothing stopping anybody from marrying, but what does matter is intent. My fiancé was only coming for a family party here in the USA and then was going to stay a few weeks and return home, then Covid-19 came and she couldn't fly back home and has been stuck here. we had also already filed for the K-1 process and we were down to the interview at the Embassy, but he Embassy shut down, so none of these things were under our control. What I don’t want is for her to be here illegally which sort of voids the K-1. Now you can be here illegally so to speak if you filed for an extension of the B-2 and during that time your return date has passed, but if the extension comes back denied then your in big trouble. I just posted this to see if anybody else just decided to get married because they were in the same situation as me. I’ll keep everybody posted as to what happens next with us. Thanks to everybody for all the advice.!!

Ok so you're situation with no flight out of U.S gives you the option.

 

In thinking in my situation and if its possible, currently border is open to D R, so I dont see how I could marry here on tourist visa and her staying here through the process.  She came with intent to return to work early September.

 

For me to do what you're doing, I would need a "change" in circumstance such as border closing....although ferry flights I'm sure would be available. 

 

Thoughts?

[Crazy Cat 41,831]

5 minutes ago, T and E said:

For me to do what you're doing, I would need a "change" in circumstance such as border closing....although ferry flights I'm sure would be available. 

Every case is unique.  Sometimes, the practicality plays a big part in a decision like that, too.  Most people would find it very difficult, if not impossible, to suddenly decide to leave everything behind in their home country after planning only a visit to the US.