Filing AOS while on Tourist Visa with active K1

[spikes746 41]

Hi everyone,

 

I saw the existing thread on a similar situation from the woman from Dominican Republic, however mine has the added caveat of having an active K1.

 

 

My wife and I have had an active K1 for a while, i had 3 interviews cancelled between April and July due to covid situation in the UK. When the uk opened back up in July, i flew to the US to visit my fiance as we hadnt seen each other for so long. I entered on a B2 with the sole intent to visit and return when the embassy allowed interviews again (as we didnt think it would be that long due to the uk reopening) or a couple days before my i-94 expired... whichever came first.

 

A few weeks ago when the UK and EU nations locked down again we got scared that we would have extreme trouble seeing each other due to covid restrictions and the london embassy ignoring k1s so we got married over zoom so that if travel restrictions were an issue, then because we are married it might not be so much of a problem. We were then going to cancel k1 and start a CR1/IR1. However, someone told me that as im in the US ans my i94 doesnt expire till Mid February, we can just file AOS now that we are married. Will this be likely to be denied, especially as we had an active k1?

 

Thank you

Edited November 20, 2020 by spikes746

[Mike E 11,742]

You have a greater than 50 percent chance of being approved.  
 

You have a plausible explanation for no immigration intent at point and time of entry.  

[Crazy Cat 42,320]

41 minutes ago, spikes746 said:

Hi everyone,

 

I saw the existing thread on a similar situation from the woman from Dominican Republic, however mine has the added caveat of having an active K1.

 

 

My wife and I have had an active K1 for a while, i had 3 interviews cancelled between April and July due to covid situation in the UK. When the uk opened back up in July, i flew to the US to visit my fiance as we hadnt seen each other for so long. I entered on a B2 with the sole intent to visit and return when the embassy allowed interviews again (as we didnt think it would be that long due to the uk reopening) or a couple days before my i-94 expired... whichever came first.

 

A few weeks ago when the UK and EU nations locked down again we got scared that we would have extreme trouble seeing each other due to covid restrictions and the london embassy ignoring k1s so we got married over zoom so that if travel restrictions were an issue, then because we are married it might not be so much of a problem. We were then going to cancel k1 and start a CR1/IR1. However, someone told me that as im in the US ans my i94 doesnt expire till Mid February, we can just file AOS now that we are married. Will this be likely to be denied, especially as we had an active k1?

 

Thank you

You can legally Adjust Status now if you wish.  Just be aware of the travel and work restrictions (same as a K-1 entry).  There is no danger.

 

[Boiler 46,121]

There is a reason why VJ has a section just to cover adjustments including as it says Tourist Visas.

[JFH 12,191]

Married by Zoom? Why would you do that if you were physically present? Is the marriage legal?

[Loren Y 2,756]

4 minutes ago, JFH said:

Married by Zoom? Why would you do that if you were physically present? Is the marriage legal?

My thoughts exactly, make sure you have a legal wedding completed before you try to AOS. Also make sure that you send notification to USCIS that you are canceling / revoking your K1 application after you file AOS. Or you could actually do it now, as since you married the K1 is now invalid.

Edited November 20, 2020 by Loren Y

[JFH 12,191]

I’m wondering if the OP means that the guests were on a Zoom call because they couldn’t attend but the bride and groom were actually present in the same room as the officiant. I hope that’s what is meant. 

[Crazy Cat 42,320]

8 minutes ago, JFH said:

I’m wondering if the OP means that the guests were on a Zoom call because they couldn’t attend but the bride and groom were actually present in the same room as the officiant. I hope that’s what is meant. 

Agree.  Op stated he/she is in the US.

[spikes746 41]

22 minutes ago, JFH said:

I’m wondering if the OP means that the guests were on a Zoom call because they couldn’t attend but the bride and groom were actually present in the same room as the officiant. I hope that’s what is meant. 

Yes. This exactly. Her state is offering zoom marriages where the county clerk is remote due to covid risk.

 

Thanks for your help everyone.

[Crazy Cat 42,320]

1 minute ago, spikes746 said:

Yes. This exactly. Her state is offering zoom marriages where the county clerk is remote due to covid risk.

 

Thanks for your help everyone.

Then, go for it!  You can legally adjust status since your plans have changed since arriving.

[spikes746 41]

8 minutes ago, Lucky Cat said:

Then, go for it!  You can legally adjust status since your plans have changed since arriving.

Do i need to withdraw my k1 via london embassy first?

[Crazy Cat 42,320]

9 minutes ago, spikes746 said:

Do i need to withdraw my k1 via london embassy first?

Now or after filing the adjustment of status package.  Filing a timely Adjustment of Status package is more important, imo.  Your K-1 is effectively void now that you are married, anyway.  Just notify USCIS and/or the consulate to create a neat paper trail....

Edited November 20, 2020 by Lucky Cat

[JFH 12,191]

5 minutes ago, spikes746 said:

Do i need to withdraw my k1 via london embassy first?

Have you completed the DS160 and got as far as waiting for the interview? If you haven’t done the DS160 then the case will just expire as the I-129F has a finite shelf life and if the applicant doesn’t proceed with the next steps it expires. 

[spikes746 41]

2 hours ago, JFH said:

Have you completed the DS160 and got as far as waiting for the interview? If you haven’t done the DS160 then the case will just expire as the I-129F has a finite shelf life and if the applicant doesn’t proceed with the next steps it expires. 

Yes, I have done DS160, had my medical in the beginning of July and had several interview appointments scheduled, then cancelled due to COVID.

[Zaraliaya 124]

2 hours ago, spikes746 said:

Do i need to withdraw my k1 via london embassy first?

I also adjusted from a tourist visa, with a K1 pending at my embassy. I contacted them, and they told me they needed it in writing that I wanted it withdrawn/cancelled. It may be different for yours, so I would just ask them just in case.