K1 CR1? Covid delays Current B1/B2

[WJO 0]

Greetings, 
Thank you everyone here in advance for the piles of advice I have read in other threads....Which has actually led to these questions. 
Situation
I am US Citizen, have been dating boyfriend for 4.5 years.  He is Venezulan, but has permanent residency in Panama until 2023, and has lived there 2013.  He already has a B1/B2 Visa for the us.  He is here visiting now, has been here for 2 months, planned to go back in 3 weeks.   I proposed last week.  
We just started looking at visa options and were thinking  K1 due  faster timeline....until Covid hit.  Looks like they aren't processing K1's.  
So my questions are.
1.  We plan on getting married, so should we just do that and apply for CR1 instead. 
2.  If we do get married can we do it now in the US before he leaves?
3.  How successful are people at getting change of status (ie coming on tourist visa and getting married)---from what I have read that is often considered Fraud.  We didn't pre-plan any of this and don't want any issues. 
4.  If we get married now, and apply for CR1 and he goes back to Panama,  is he still allowed to come to the US to visit on his B1/B2 in the meantime for visits
5.  Any other ideas Im missing?

Thank you.
 

Edited October 14, 2020 by WJO
typo

[Boiler 45,525]

Sounds like marrying and adjusting in country would be your best option.

[HRQX 4,145]

1 hour ago, WJO said:

He is here visiting now, has been here for 2 months

Then do Adjustment of Status (AOS) after marrying here. In general, send the following four packets in the same envelope to the Chicago Lockbox:

• I-130 with I-130A and copy of marriage certificate, filing fees, etc.;
• I-485 with I-864 and supporting documents, I-944 and supporting documents, electronic I-94 copy, filing fees, etc.;
• I-765 with electronic I-94 copy, etc.; and
• I-131 with electronic I-94 copy, etc.

You'll separate each packet with rubber bands or fasteners: https://www.uscis.gov/forms/forms-information/form-filing-tips

On the I-130 packet, I-130 payment method (check, money order, or Form G-1450) must be the very first item of this packet.

On the I-485 packet, I-485 payment method (check, money order, or Form G-1450) must be the very first item of this packet.

1 hour ago, WJO said:

---from what I have read that is often considered Fraud.  We didn't pre-plan any of this and don't want any issues.

It's not an issue; see Matter of Battista and Matter of Cavazos. For Immediate Relatives of US Citizen intent is determined at entry, not at the AOS interview.

Edited October 14, 2020 by HRQX

[igoyougoduke 1,656]

2 hours ago, WJO said:

Greetings, 
Thank you everyone here in advance for the piles of advice I have read in other threads....Which has actually led to these questions. 
Situation
I am US Citizen, have been dating boyfriend for 4.5 years.  He is Venezulan, but has permanent residency in Panama until 2023, and has lived there 2013.  He already has a B1/B2 Visa for the us.  He is here visiting now, has been here for 2 months, planned to go back in 3 weeks.   I proposed last week.  
We just started looking at visa options and were thinking  K1 due  faster timeline....until Covid hit.  Looks like they aren't processing K1's.  
So my questions are.
1.  We plan on getting married, so should we just do that and apply for CR1 instead. 
2.  If we do get married can we do it now in the US before he leaves?
3.  How successful are people at getting change of status (ie coming on tourist visa and getting married)---from what I have read that is often considered Fraud.  We didn't pre-plan any of this and don't want any issues. 
4.  If we get married now, and apply for CR1 and he goes back to Panama,  is he still allowed to come to the US to visit on his B1/B2 in the meantime for visits
5.  Any other ideas Im missing?

Thank you.
 

1)  yes you can do CR1 

2_)yes you can get married in US or abroad

3_) you submit your application and supporting documents and each application is judged on its merit. each applicant is unique

4) yes he can visit on B1 mean time while its being processed. 

 

[Ryan H 3,812]

Moved from K1 Process & Procedures to What Visa Do I Need - Family Based Immigration forum.

[Just Paul 4,595]

Marry and AOS.  Just be aware that work and travel would be restricted until AP/EAD or Green Card is received.