Drop K-1 Application and File for CR-1?

[Theodora 2]

10 hours ago, Dashinka said:

Add me as a third.  If she is in the US now, and you have decided to get married, AOS is indeed a legal option.  Many folks do this successfully all the time as plans change etc.  The BIG positive is that you are together during the process, the negatives are that AOS is relatively expensive, and the immigrating spouse cannot work or re-enter the US (if she were to leave for some reason) for several months while the EAD/AP Applications that you would include in her AOS filing are processed.  Everyone has to make their own decisions, but if she can swing not going back to Peru or not working for 5-8 months and you are planning to marry, I would also support the AOS route.

 

Good Luck!

Hello,

 

Isn't this risky even if it's genuinely a last minute thing? I almost do it last time I saw my boyfriend in the US but we got too scared...

[Dashinka 24,497]

2 hours ago, Theodora said:

Hello,

 

Isn't this risky even if it's genuinely a last minute thing? I almost do it last time I saw my boyfriend in the US but we got too scared...

Immigration itself is risky, but people AOS successfully all the time.  Of course we don’t know all the facts of every case, so we can only lay out the options legally available.  

[Crazy Cat 41,853]

20 hours ago, Kittinpaw said:

Officer may ask when/how/why you two decided to get married, and if she can convince them that her intention was genuine (she truly came on B1 visa just as a visitor, but LATER you two decided to get married), she will AOS successfully.  
 

However I would do some more research on this before making decision. 

Can you find a single case where the IO at the Adjustment of Status interview questioned an applicant about their intent when he/she entered the country?   I haven't seen any.

Edited January 22, 2021 by Lucky Cat

[Crazy Cat 41,853]

6 hours ago, Theodora said:

Hello,

 

Isn't this risky even if it's genuinely a last minute thing? I almost do it last time I saw my boyfriend in the US but we got too scared...

Needless fear.  It is perfectly legal and prudent for the OP to adjust status.  There is no risk.

[RamonGomez 271]

3 hours ago, Lucky Cat said:

Can you find a single case where the IO at the Adjustment of Status interview questioned an applicant about their intent when he/she entered the country?   I haven't seen any.

My wife's friend in the US came on an F1 visa from China, went to school for like 2 months, then married, filed AOS, dropped out and started working the day she got her EAD. On paper the situation looked super shady but she insisted it all happened naturally LOL. 

 

They both got a Stokes grilling at their AOS interview... but her green card was approved 10 (!!!) months later. They were literally making plans to move back to China when the approval notice came in. And the funny thing... because of the super long delay she ended up getting a 10-year card instead of a 2-year card. 

 

There was even a report of a guy that came over with his Chinese wife on a B2 visa, they married and adjusted. He legitimately didn't know this was frowned upon, and he flat-out told the officer that it was their intention to marry. The officer said something like "you're not supposed to technically do this, but since you guys are clearly legit, we'll let it slide". Probably helped that they had a 1-month old baby at the time of their interview.

 

If a cases like these can get approved, I have no idea what it takes to get AOS rejected. 

 

 

 

 

Edited January 22, 2021 by RamonGomez

[ODJD 4]

Oh wow, we are in very similar circumstances except since you initially applied, that has been as long as our case has been transitioned from NVC and has now been waiting at the embassy in Lima. What a year it’s been!

 

I will follow this topic, because to be honest, I remember being told not to do this earlier in the pandemic because it would be a similar waiting game. My fiancé is also here with me now visiting, and he has extended his trip so we can be together just a little bit longer.

 

What makes you believe this processing will be faster than the embassy opening up in Lima? If you file for an adjustment of status in the US, are you certain it will be granted before the tourist visa sets your partner over the time limit? 
 

It is certainly tricky business. Best of luck in your choice. 

[HRQX 4,145]

5 hours ago, ODJD said:

If you file for an adjustment of status in the US, are you certain it will be granted before the tourist visa sets your partner over the time limit?

That's not an issue. The pending I-485 would mean she'll be in a period of stay authorized by the Secretary of Homeland Security. The I-485 receipt notice would be her proof of that.

[ODJD 4]

7 hours ago, HRQX said:

That's not an issue. The pending I-485 would mean she'll be in a period of stay authorized by the Secretary of Homeland Security. The I-485 receipt notice would be her proof of that.

Ah, ok. Thanks for explaining.
 

Maybe I’m a pessimist but it seems like if this route was as effortless as it appears on this thread then more people would go marry and file an AOS rather than going through any other visa process. Perhaps that is the case and I’m mistaken. 
 

Will research more. Thanks again!

[HRQX 4,145]

54 minutes ago, ODJD said:

but it seems like if this route was as effortless as it appears on this thread then more people would go marry and file an AOS rather than going through any other visa process.

The key thing is where the beneficiary is located when someone asks here in VJ if AOS is possible. If the beneficiary is outside of the US and doesn't have a non-immigrant visa that allows dual intent, then we cannot condone a plan for AOS per VJ's TOS. E.g. per the TOS we can only advise to be completely honest when the CBP officer asks "what is the purpose of this visit?"

54 minutes ago, ODJD said:

Will research more. Thanks again!

When Immediate Relatives (IR) Adjust Status, then preconceived intent can't be the sole reason for denial of AOS. See Matter of Battista and Matter of Cavazos. Intent is determined at entry, not at the AOS interview.

On 1/22/2021 at 11:39 AM, RamonGomez said:

If a cases like these can get approved, I have no idea what it takes to get AOS rejected.

The aforementioned precedent cases (Matter of Battista and Matter of Cavazos) only apply to Immediate Relative (as defined by the INA) cases, so other cases can still be denied for preconceived intent.

Edited January 24, 2021 by HRQX

[Maria1989 403]

On 1/21/2021 at 1:19 PM, Spenceraike4190 said:

Our case has in the Nigerian embassy since feb 2019 and still no news...

That was pre-covid. You haven’t even had the first interview 

[Maria1989 403]

On 1/22/2021 at 11:21 AM, Lucky Cat said:

Needless fear.  It is perfectly legal and prudent for the OP to adjust status.  There is no risk.

Technically you cant get a Visitors Visa with the intent to marry and adjust upon entry. If she has a Visa already it will be up to how she answers the question at her POE. 

[Crazy Cat 41,853]

16 minutes ago, Maria1989 said:

Technically you cant get a Visitors Visa with the intent to marry and adjust upon entry. If she has a Visa already it will be up to how she answers the question at her POE. 

The key statement by the OP was "She is currently here on a tourist visa ".  She can legally adjust.  

 

It is illegal to enter the US via a tourist visa with the intent to stay and adjust status. Since she was allowed to enter at POE via the tourist visa, her intent to just visit the US was established adequately. 

 

 

Edited January 25, 2021 by Lucky Cat

[Bret L Smith 15]

On 1/21/2021 at 10:27 AM, lecht008 said:

But since we've already applied for a K-1 visa, won't USCIS be suspicious that she came here just to get married?  

I believe they would be suspicious. Call USCIS for advice to be sure. You don’t want to take any chances. 

[iy2020 118]

39 minutes ago, Bret L Smith said:

I believe they would be suspicious. Call USCIS for advice to be sure. You don’t want to take any chances. 

People’s circumstances change all the time. That’s why AOS is even a thing. Intent was determined at the POE. 

[HRQX 4,145]

3 hours ago, Maria1989 said:

Technically you cant get a Visitors Visa with the intent to marry and adjust upon entry.

Not legally. That would involve 2 instances material misrepresentation; 1 at the visa interview and 1 at POE. Refer to INA 214(b) for both visa interview and POE. For POE, also refer to INA 212(a)(7)(A)(i)(I).