Withdrawing k1 and getting married on ESTA then AOS

[JFH 12,190]

8 hours ago, TheAmelie said:

Just one question, do you think they might ask me during the interview about If I was planing on returning to my country? I do have a return ticket which I guess I’ll cancel. 
another thing that worries me is the fact that I didn’t really have good ties to my country, because of COVID I lost my job as a pre school teacher in a private school, well the school didn’t even make it through and they shutdown. I couldn’t find another job because of the fact that schools were closed for a long time and it’s just hard to get employed. So that’s what worries me 

No. Intent is all dealt with at POE. And even if you had intent, that alone is not enough to deny your case due to your situation (being married to a USC). Provided your marriage is genuine you have nothing at all to worry about. 

[Beth & Achraf 328]

19 hours ago, TheAmelie said:

Hello everyone,

I’ve been watching the forum and topics as a quiet reader, now I need a help so I decided to join and ask. Me and my fiancé sent our k1 petition last December (2019), got approved by USCIS in May, and our case shows ready for an interview at the embassy in Brussels, Belgium. Anyways, as lots of you know, Belgium is travel banned country, they’re not processing visas and we don’t know when that will finally happen. I’m currently visiting my fiancé in the US for the holidays on ESTA and we are thinking of abandoning the k1 and getting married here and adjusting my status. I’ve read some topics and I saw people doing it. My question is, is that possible? 
is there a huge risk? 
I didn’t have an Intent to get married, I have return tickeT 

we still don’t know what we are going to do, we are just looking at this option now 

You need to withdraw your K1 petition first.

 

[Crazy Cat 41,886]

K-1 can be withdrawn before or after marriage by simply sending an email/letter to USCIS and/or the consulate.  Once the couple is married, the K-1 will be null and void.

[TheAmelie 9]

10 hours ago, Sinead91 said:

Sorry for double posting (on my mobile). I also lost my job after I came over on vacation which was a big reason why I decided to stay on. I worked for a private language school.

 

if this forum and posters has taught me anything it’s this: do what USCIS say. They’re instructions are black and white.
 

Keep any evidence you have, it won’t do you any harm if you might need if. I kept copies of my letters from my employer about my vacation day, and anything that proved I was only coming on holidays for two weeks (travel insurance is something I had).
 

it isn’t an easy decision to make; trust me; it took me weeks after posting to finally do it because I had this gut wrenching fear I would be deported and my life would be over.
 

Get married. Withdraw K1. Provide the documentation they need. Panic like me for a few weeks, then have a few bottles of wine and then you’ll have everything under control in no time  

Ahh that’s me! I couldn’t sleep last night because I was overthinking all that, I think we’ll get married ASAP, no one knows when the embassies wil resume k1 visas processing. 
 

I have a fear that I’ll be waiting for the noa1 so long and it will pass my i94 time. How long did it take you to fill all documents? I need to rush rush rush 

[Ontarkie 14,226]

~~Hijack post removed~~

[Sinead91 249]

40 minutes ago, TheAmelie said:

Ahh that’s me! I couldn’t sleep last night because I was overthinking all that, I think we’ll get married ASAP, no one knows when the embassies wil resume k1 visas processing. 
 

I have a fear that I’ll be waiting for the noa1 so long and it will pass my i94 time. How long did it take you to fill all documents? I need to rush rush rush 

It took me about 3 weeks in total as I waited for letters from Ireland in regular mail. Most important thing is to marry before your i94 expires then you’re good. Overstays are forgiven for spouses. That was my mantra. 😂

 

PM me for anything else to not clog this post

[Crazy Cat 41,886]

1 hour ago, Sinead91 said:

It took me about 3 weeks in total as I waited for letters from Ireland in regular mail. Most important thing is to marry before your i94 expires then you’re good. Overstays are forgiven for spouses. That was my mantra. 😂

 

PM me for anything else to not clog this post

This is incorrect.  Actually, the OP should submit the I-485 package before the I-94 expires.  The OP is in the US as a tourist.  Marriage, alone, confers no immigration benefits. Not until the I-485 is submitted, will the OP be granted authorized stay in the US.

Edited December 10, 2020 by Lucky Cat

[Crazy Cat 41,886]

Once an I-94 expires, any tourist or K-1 entrant is subject to being detained and deported (whether married to a US citizen or not).  Once a proper I-485 is submitted, the applicant is granted authorized stay while the I-485 is pending.  Authorized Stay is not a legal status, but it stops/prevents unlawful presence until the I-485 is adjudicated.   Therefore, it is highly recommended to submit the I-485 prior to expiration of the I-94.

Edited December 10, 2020 by Lucky Cat

[Sinead91 249]

3 hours ago, Lucky Cat said:

This is incorrect.  Actually, the OP should submit the I-485 package before the I-94 expires.  The OP is in the US as a tourist.  Marriage, alone, confers no immigration benefits. Not until the I-485 is submitted, will the OP be granted authorized stay in the US.

Apologies. I thought it was more important to marry before i94 expires as marrying with an expired i94 is more problematic than filing an i485 after the expired i94.

[Unidentified 2,930]

On 12/9/2020 at 3:02 PM, TheAmelie said:

Hello everyone,

I’ve been watching the forum and topics as a quiet reader, now I need a help so I decided to join and ask. Me and my fiancé sent our k1 petition last December (2019), got approved by USCIS in May, and our case shows ready for an interview at the embassy in Brussels, Belgium. Anyways, as lots of you know, Belgium is travel banned country, they’re not processing visas and we don’t know when that will finally happen. I’m currently visiting my fiancé in the US for the holidays on ESTA and we are thinking of abandoning the k1 and getting married here and adjusting my status. I’ve read some topics and I saw people doing it. My question is, is that possible? 
is there a huge risk? 
I didn’t have an Intent to get married, I have return tickeT 

we still don’t know what we are going to do, we are just looking at this option now 

Don't know if this has already been mentioned but you might just want to stick with your K1. As far as I know people from the EU is still not allowed to travel to the United States unless they're a citizen, LPR or are in other ways exempt from the current Covid-19 travel ban. 

[HRQX 4,145]

19 minutes ago, Sinead91 said:

Apologies. I thought it was more important to marry before i94 expires as marrying with an expired i94 is more problematic than filing an i485 after the expired i94.

Expired I-94 is not a hindrance to getting married.

7 minutes ago, Unidentified said:

As far as I know people from the EU is still not allowed to travel to the United States unless they're a citizen, LPR or are in other ways exempt from the current Covid-19 travel ban. 

There is no entry ban based on nationality. OP, a Belgian national, is currently* visiting the US, so that is more than sufficient proof of my first sentence. You can also read the relevant proclamations to confirm.

 

*Presumably OP went to unrestricted country (e.g. Mexico, Croatia, Serbia, Turkey, South Korea, etc.) for 14 days before attempting US entry.

[Unidentified 2,930]

5 minutes ago, HRQX said:

Expired I-94 is not a hindrance to getting married.

There is no entry ban based on nationality. OP, a Belgian national, is currently* visiting the US, so that is more than sufficient proof of my first sentence. You can also read the relevant proclamations to confirm.

 

*Presumably OP went to unrestricted country (e.g. Mexico, Croatia, Serbia, Turkey, South Korea, etc.) for 14 days before attempting US entry.

As I mentioned: if you are a citizen, LPR or are in any other way exempt from the travel ban (mainly family members) you can be here. I highly doubt anyone travelling on an ESTA from Europe right now is. 

 

https://www.whitehouse.gov/presidential-actions/proclamation-suspension-entry-immigrants-nonimmigrants-certain-additional-persons-pose-risk-transmitting-2019-novel-coronavirus/

[HRQX 4,145]

13 minutes ago, Unidentified said:

As I mentioned: if you are a citizen, LPR or are in any other way exempt from the travel ban (mainly family members) you can be here. I highly doubt anyone travelling on an ESTA from Europe right now is. 

 

https://www.whitehouse.gov/presidential-actions/proclamation-suspension-entry-immigrants-nonimmigrants-certain-additional-persons-pose-risk-transmitting-2019-novel-coronavirus/

As I mentioned, OP is in the US with ESTA because the following crucial part didn't apply: "during the 14-day period preceding their entry or attempted entry into the United States"

 

Also, @laylalex's sister-in-law, @Asterix78's fiancee, @lasseventies, and many others have entered the US with ESTA recently:

 

Edited December 10, 2020 by HRQX

[Chancy 6,241]

3 hours ago, Sinead91 said:

Apologies. I thought it was more important to marry before i94 expires as marrying with an expired i94 is more problematic than filing an i485 after the expired i94.

 

If the fiance(e) entered the US with a K1 visa, they must marry before I-94 expires so the USC spouse won't need to submit an I-130 petition along with the I-485.

 

If they entered using ESTA then decide later to marry and adjust status, their spouse will need to file I-130 along with the I-485 regardless of when they get married.  Even so, it is still recommended to marry and file I-485 before I-94 expires, to minimize the time of unauthorized stay (i.e. reduce the risk of getting in trouble with ICE).

 

[TheAmelie 9]

I just came up with a thought, what if I-130 gets approved way before everything like I-485 etc? Can someone explain me how that works. Also, can I file the form I-130 online and the rest print and mail it out?