Changing from K1 Visa to I-130/I-485

[rjt903 1]

Sorry if this is the wrong forum!

So my fiancé and I started the K1 visa process about a year and a half ago now and obviously we have been on hold during COVID-19. I am just waiting for the interview at the London embassy to get the visa, everything else is done.

We have been looking recently at any other options we might have to get me over to the states and I was wondering if anyone had looked into cancelling the K1 visa and just getting married over there and filing for adjustment of status from inside the US?

 

First time posting so sorry if I've missed any info out! 

 

Thank you! 

[Just Paul 4,595]

10 minutes ago, rjt903 said:

Sorry if this is the wrong forum!

So my fiancé and I started the K1 visa process about a year and a half ago now and obviously we have been on hold during COVID-19. I am just waiting for the interview at the London embassy to get the visa, everything else is done.

We have been looking recently at any other options we might have to get me over to the states and I was wondering if anyone had looked into cancelling the K1 visa and just getting married over there and filing for adjustment of status from inside the US?

 

First time posting so sorry if I've missed any info out! 

 

Thank you! 

Entering the US with the intention to adjust is VISA fraud.

 

Feel free to come to the US marry and do consular processing in the UK (Cancel the K1 and file a spousal)

Edited October 20, 2020 by Paul & Mary

[rjt903 1]

Good job I asked! Thank you, continued waiting it is! 

[J&A1234 181]

This is visa fraud and can have very serious implications. I think waiting is going to be your best bet.

[Greenbaum 12,259]

2 hours ago, rjt903 said:

Sorry if this is the wrong forum!

So my fiancé and I started the K1 visa process about a year and a half ago now and obviously we have been on hold during COVID-19. I am just waiting for the interview at the London embassy to get the visa, everything else is done.

We have been looking recently at any other options we might have to get me over to the states and I was wondering if anyone had looked into cancelling the K1 visa and just getting married over there and filing for adjustment of status from inside the US?

 

First time posting so sorry if I've missed any info out! 

 

Thank you! 

As I see it what you are advocating is Visa Fraud. Now if you visit, get married, and return to the UK to finish processing then you are all right. Second is the additional expense. If not an issue not a concern for you. Third, you have to deal with the travel restrictions whether you have a K-1 or a CR-1/IR-1. Good luck and stay engaged.  

[rjt903 1]

Things would be so much easier if the embassy had any kind of timeframe for processing visas. It would be just our luck to start the process for a spouse visa and they would start doing the interviews again for K1's! Something to think about though!

 

Thank you for the responses!

 

 

29 minutes ago, Greenbaum said:

As I see it what you are advocating is Visa Fraud. Now if you visit, get married, and return to the UK to finish processing then you are all right. Second is the additional expense. If not an issue not a concern for you. Third, you have to deal with the travel restrictions whether you have a K-1 or a CR-1/IR-1. Good luck and stay engaged.  

 

[Sm4598 37]

I would stick it out honestly. Starting from scratch with a CR-1 would almost certainly take you longer and cost way more than waiting potentially a few more weeks or months for the embassy to start scheduling fiancé visa interviews.

 

And obviously, as others have said, entering the US on a visitor visa with the intent to marry is a huge black mark against any future immigration attempts. Not to mention illegal. 

[Chancy 6,243]

19 minutes ago, Sm4598 said:

entering the US on a visitor visa with the intent to marry is a huge black mark against any future immigration attempts.

 

Entering on a visitor visa with intent to marry and adjust status is fraud.  Entering with intent to marry and leave is fine, although not something I would recommend to the OP at this stage of the K1 process.

 

[tahm 19]

I read somewhere that the UK travel ban to the US is being lifted for the holiday season. Just wait a bit more, the UK is super close to have the embassies reopened I think.

 

Good Luck

[Loren Y 2,756]

I would wait also. You are maybe 6 months from entering the US from where you are now. You start over your looking at 16-18 months minimum from when you get married, so probably almost 2 years from today if you jump ship on the K1 visa now.

[HRQX 4,145]

7 hours ago, Greenbaum said:

or a CR-1/IR-1.

IR-1/CR-1 visa holders in those restricted countries can travel directly to the US because they are exempt to those proclamations.

6 hours ago, rjt903 said:

It would be just our luck to start the process for a spouse visa and they would start doing the interviews again for K1's! Something to think about though!

You could wait and see what the federal judge decides this Thursday:

If the judge doesn't order the resumption of K-1 issuance, then the status quo will remain indefinitely until changed by the President: "This proclamation shall remain in effect until terminated by the President." https://www.federalregister.gov/documents/2020/03/18/2020-05797/suspension-of-entry-as-immigrants-and-nonimmigrants-of-certain-additional-persons-who-pose-a-risk-of

24 minutes ago, tahm said:

I read somewhere that the UK travel ban to the US is being lifted for the holiday season.

Source? It's still unknown what the federal judge will decide this Thursday. If the decision turns out to be less than the Plaintiffs' expectations, then K-1 visa issuance in London could remain on hold indefinitely for the cases subject to UK and Ireland proclamation.

Edited October 20, 2020 by HRQX

[igoyougoduke 1,675]

1 hour ago, tahm said:

I read somewhere that the UK travel ban to the US is being lifted for the holiday season. Just wait a bit more, the UK is super close to have the embassies reopened I think.

 

Good Luck

wasnt london closing down everything again. recently  did they take out travel ban for UK ?

[rjt903 1]

1 hour ago, HRQX said:

 

If the judge doesn't order the resumption of K-1 issuance, then the status quo will remain indefinitely until changed by the President: "This proclamation shall remain in effect until terminated by the President." https://www.federalregister.gov/documents/2020/03/18/2020-05797/suspension-of-entry-as-immigrants-and-nonimmigrants-of-certain-additional-persons-who-pose-a-risk-of

Source? It's still unknown what the federal judge will decide this Thursday. If the decision turns out to be less than the Plaintiffs' expectations, then K-1 visa issuance in London could remain on hold indefinitely for the cases subject to UK and Ireland proclamation.

 This is very interesting! I hadn't heard of this case before. I'll keep everything crossed! 

 

I had read earlier today as well that apparently the US and UK have been in talks to allow more travel between the two with testing done at the airports but who knows what they'll figure out.

 

[rjt903 1]

"United Airlines testing global app on UK-US flight"

 

https://www.reuters.com/article/amp/idUSKBN2760HI?

 

I volunteer as tribute!