Withdrawing k1 and getting married on ESTA then AOS

[HRQX 4,145]

11 minutes ago, TheAmelie said:

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.

Everything else continues to process normally. The I-130 approval notice says: "The approval of this visa petition does not in itself grant any immigration status and does not guarantee that the alien beneficiary will subsequently be found to be eligible for a visa, for admission to the United States, or for an extension, change, or adjustment of status."

11 minutes ago, TheAmelie said:

Also, can I file the form I-130 online and the rest print and mail it out? 

Yes, but must first receive I-130 receipt notice to file I-485 and the other concurrent packets.

 

Also, most applicants file everything together at Chicago Lockbox by paper.

Edited December 11, 2020 by HRQX

[SneauxsMom 0]

On 12/9/2020 at 8:02 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 

Hey. Can i just ask how you were anle to travel? I live in the UK and have an ESTA but did not know we could fly to the US. How was this possible for you? Please let me know.

Many thanks 

[HRQX 4,145]

7 minutes ago, SneauxsMom said:

Hey. Can i just ask how you were anle to travel? I live in the UK and have an ESTA but did not know we could fly to the US. How was this possible for you?

You can't fly directly. You have to go to unrestricted country (e.g. Mexico, Croatia, Serbia, Turkey, South Korea, etc.) for 14 days before attempting US entry.

[TheAmelie 9]

16 hours ago, SneauxsMom said:

Hey. Can i just ask how you were anle to travel? I live in the UK and have an ESTA but did not know we could fly to the US. How was this possible for you? Please let me know.

Many thanks 

I went to Mexico for 16 days prior to entering the US. Came here without any problems at POE. You just need to find a country that’s not banned to spend 14 days out of the UK. 

[KurtDarryl23 14]

Im in the same boat too! Married after entering on ESTA visiting as a tourist and later changed our plans due to the current pandemic. We had even had a grant of satisfactory departure before we decided to change our plans as I wasn't feel well enough to travel. We also had pending K1's. Completely understand the stress and anxiety .. I know there's at least one friend on here that has felt my panic!!😂

 

I received my NOA's and feel a whole lot better as we filed after i94 expired. You guys and this website has definitely helped me from having a compete mental breakdown!! lol.

[TheAmelie 9]

23 minutes ago, KurtDarryl23 said:

Im in the same boat too! Married after entering on ESTA visiting as a tourist and later changed our plans due to the current pandemic. We had even had a grant of satisfactory departure before we decided to change our plans as I wasn't feel well enough to travel. We also had pending K1's. Completely understand the stress and anxiety .. I know there's at least one friend on here that has felt my panic!!😂

 

I received my NOA's and feel a whole lot better as we filed after i94 expired. You guys and this website has definitely helped me from having a compete mental breakdown!! lol.

Haha I feel you! I’m so happy there is more people in the same situation, I felt so alone. When did you send your AOS application?

 

*never mind lol I just checked your timeline. Wow you got noa1 so fast! I saw there are some delays now and some people are waiting 4 weeks. That stresses me out 

Edited December 15, 2020 by TheAmelie

[KurtDarryl23 14]

9 minutes ago, TheAmelie said:

Haha I feel you! I’m so happy there is more people in the same situation, I felt so alone. When did you send your AOS application?

 

*never mind lol I just checked your timeline. Wow you got noa1 so fast! I saw there are some delays now and some people are waiting 4 weeks. That stresses me out 

Yeah it was pretty quick! Shipped it on the 20th recieved on the 23rd November and NOA was December 3rd I believe. A little over a week, I was pretty surprised too. I think it Varys person to person. I don’t feel like there’s much logic behind how they work ha!

[Ross Watkins 0]

Simply, don't do it on an ESTA.  USIC will see it as 'backdoor' entry and you will not be granted your 1-130 and possibly fined and removed from the US along with a 5 year ban.   We looked deeply at this mid year and was given 2 different stories for junior USCIS officers, we were concerned at the inconsistencies & finally got to a senior USCIS and they were quite firm.   Coming in on an ESTA and getting married, whether or not it was intentional is viewed as going outside the ESTA rules and is seen as trying to short circuit the system.    We finally got an expedited interview due to hardship and was granted the K1 that way.    Hang in there, things will change under Biden.     Good luck its worth the wait. 

[HRQX 4,145]

22 minutes ago, Ross Watkins said:

whether or not it was intentional is viewed as going outside the ESTA rules and is seen as trying to short circuit the system.

Your statement is 100% incorrect per the Board of Immigration Appeals precedent decisions; see Matter of Battista and Matter of Cavazos. For Immediate Relatives (as defined by the INA) intent is determined at entry, not at the AOS interview.

Edited December 16, 2020 by HRQX

[Ross Watkins 0]

My statement is not incorrect!   What I wrote was that 'WE were told by the USCIS...this is a true statement'.   I know, I made the call several times      The question of whether or not they can get married on an ESTA is obviously an immigration mine field. I don't disagree with your case studies, but is it worth the risk of being denied based on so many inconsistencies and confusion around entering the country.      It was a action we felt was not worth the risk!   If one wants to spend a lot of time and money fighting the system, that's their choice.  I was offering my experiences with the USCIS and opinion.    

[HRQX 4,145]

1 minute ago, Ross Watkins said:

My statement is not incorrect!   What I wrote was that 'WE were told by the USCIS...

Nope. USCIS is known to give out misinformation when asked general questions. They cannot overrule the BIA.

2 minutes ago, Ross Watkins said:

The question of whether or not they can get married on an ESTA is obviously an immigration mine field.

Nope. It's explicitly clear: https://uk.usembassy.gov/visas/immigrant-visa-faqs/

We are traveling to the United States to marry and will return to the United Kingdom after marriage. Do I still need a fiancé(e) visa?

If you will return to your permanent residence you may apply for a tourist B-2 visa, or if eligible, travel visa free under the Visa Waiver Program.  At the time you apply for the visa and/or travel to the United States you will be required to show that you have a residence outside the United States that you do not intend to abandon. There is no set form that this evidence takes as it varies with each person’s circumstances.

[HRQX 4,145]

1 hour ago, Ross Watkins said:

and you will not be granted your 1-130

That is another falsehood. Thousands of already inadmissible beneficiaries are listed on approved I-130 petitions. The inadmissibilities generally result in I-485 denials. The I-130 petition part is focused on the relationship between the petitioner and beneficiary.

"The approval of this visa petition does not in itself grant any immigration status and does not guarantee that the alien beneficiary will subsequently be found to be eligible for a visa, for admission to the United States, or for an extension, change, or adjustment of status."

Edited December 16, 2020 by HRQX

[Ross Watkins 0]

Noted... But I would still not want to face the stress and anxiety of being booted out of the country and separated from my loved ones.

 

[HRQX 4,145]

12 minutes ago, Ross Watkins said:

of being booted out of the country

Odds of that are essentially zero, zip, zilch, nada.

 

The BIA cases cited earlier are binding precedent decisions.

 

Also see:

"when he got to the question about if you ever violated terms and conditions of your immigration status he just said “and you overstayed your esta?” I said yes and he moved on..." I.e. it's not an issue.

Edited December 16, 2020 by HRQX

[Ross Watkins 0]

again noted...but as someone who was on the receiving end of the 'advice' from USCIS and a Immigration lawyer, the perceived risk and stress was to high for us.   Each couple has the right to make their own decision...as we did.  Good night!