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lecht008

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

By lecht008 in Adjustment of Status from Work, Student, & Tourist Visas

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Maria1989 Community Regular

Maria1989   403

Posted
Filed: K-1 Visa Country: Senegal
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Posted
16 hours ago, HRQX said:

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).

Did I miss something. I did say you “can’t”. Was that not clear enough 

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Spenceraike4190
Spenceraike4190

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

Maki&Kiki
Maki&Kiki

It's not against law and a lot of people have done it. She might have to prove to the USCIS that she did not misrepresent her intentions when she entered the country, as coming on a visitor visa to ge

payxibka
payxibka

Get married and adjust her status.   She remains here.

TODD AND ELVIA Newbie

TODD AND ELVIA   4

Posted
Filed: K-1 Visa Country: Bolivia
 Timeline
Posted

Please forgive me if I am wrong, but I believe if you got married here under a tourist visa while a pending K1 is in the process she would have to return to Peru and your entire process will have to start over as a CR-1. I do not believe you can do an adjustment of status on a tourist visa while she is visiting. Keep in mind the CR-1 waiting periods are longer as well and if they aren't processing K1's then they won't be processing CR-1's either. I feel your pain Elvia and I have had our approved application at the NVC since June. We all can provide you guidance but if you want the legitimate answer send NVC an email and ask them that question.  

iy2020 Explorer

iy2020   118

Posted
Filed: AOS (pnd) Country: Peru
 Timeline
Posted
6 minutes ago, TODD AND ELVIA said:

Please forgive me if I am wrong, but I believe if you got married here under a tourist visa while a pending K1 is in the process she would have to return to Peru and your entire process will have to start over as a CR-1. I do not believe you can do an adjustment of status on a tourist visa while she is visiting. Keep in mind the CR-1 waiting periods are longer as well and if they aren't processing K1's then they won't be processing CR-1's either. I feel your pain Elvia and I have had our approved application at the NVC since June. We all can provide you guidance but if you want the legitimate answer send NVC an email and ask them that question.  

She can definitely AOS from a tourist visa. No need to go through consular processing since she’s already in the US (and if they are okay with her not being able to travel and/or work for several months). 

09/25/20: AOS package (I-130/I-485/I-765/I-944) mailed out via USPS.

09/27/20: Package received by USPS.

10/24/20: Received NOA1 in the mail. PD is 09/28/20.

01/05/21: Biometrics appointment completed (Brooklyn ASC). Case updated to show fingerprints were taken (I-486 & I-765).

01/05/21: I-131 mailed via UPS.

01/17/21: Received IOE receipt number for I-131 via text.

01/25/21: Received a biometrics reuse notice for I-131.

02/02/21: I-485 Case is ready to be scheduled for an interview.

02/04/21: Received I-693 deficiency notice in the mail (dated 01/29/21).

02/09/21: Advance Parole document was produced.

02/16/21: AP in hand.
02/26/21: New Card Is Being Produced (EAD).

03/04/21: EAD in hand.

09/01/21: EAD renewal paperwork received by USCIS. IOE receipt number.

09/07/21: Receipt / 180-day automatic extension received in the mail.

09/09/21: Received a biometrics reuse notice for I-765 renewal.

10/25/21: AP renewal NOA and biometrics reuse received in the mail.

11/04/21: Interview was scheduled for 12/02.

 

 

Adventine Proficient

Adventine   3,213

Posted
Filed: Citizen (apr) Country: Philippines
 Timeline
Posted
18 minutes ago, iy2020 said:

She can definitely AOS from a tourist visa. No need to go through consular processing since she’s already in the US (and if they are okay with her not being able to travel and/or work for several months). 

It is illegal to travel to the US on a tourist visa with pre-conceived intent to stay and adjust status. It is also against this site's TOS to suggest this action to others.

 

A tourist visa may be used to go to the US, get married, and go back home to wait for the spousal visa approval.

iy2020 Explorer

iy2020   118

Posted
Filed: AOS (pnd) Country: Peru
 Timeline
Posted
3 minutes ago, Adventine said:

It is illegal to travel to the US on a tourist visa with pre-conceived intent to stay and adjust status. It is also against this site's TOS to suggest this action to others.

 

A tourist visa may be used to go to the US, get married, and go back home to wait for the spousal visa approval.

I 100% agree with that. But if you take a look at OP’s initial post, the fiancé was already here, visiting, on a tourist visa without the intention to get married. But situations changed while she was here, so in that case, if they do decide to get married, AOS is totally legal. 

09/25/20: AOS package (I-130/I-485/I-765/I-944) mailed out via USPS.

09/27/20: Package received by USPS.

10/24/20: Received NOA1 in the mail. PD is 09/28/20.

01/05/21: Biometrics appointment completed (Brooklyn ASC). Case updated to show fingerprints were taken (I-486 & I-765).

01/05/21: I-131 mailed via UPS.

01/17/21: Received IOE receipt number for I-131 via text.

01/25/21: Received a biometrics reuse notice for I-131.

02/02/21: I-485 Case is ready to be scheduled for an interview.

02/04/21: Received I-693 deficiency notice in the mail (dated 01/29/21).

02/09/21: Advance Parole document was produced.

02/16/21: AP in hand.
02/26/21: New Card Is Being Produced (EAD).

03/04/21: EAD in hand.

09/01/21: EAD renewal paperwork received by USCIS. IOE receipt number.

09/07/21: Receipt / 180-day automatic extension received in the mail.

09/09/21: Received a biometrics reuse notice for I-765 renewal.

10/25/21: AP renewal NOA and biometrics reuse received in the mail.

11/04/21: Interview was scheduled for 12/02.

 

 

Adventine Proficient

Adventine   3,213

Posted
Filed: Citizen (apr) Country: Philippines
 Timeline
Posted
1 minute ago, iy2020 said:

I 100% agree with that. But if you take a look at OP’s initial post, the fiancé was already here, visiting, on a tourist visa without the intention to get married. But situations changed while she was here, so in that case, if they do decide to get married, AOS is totally legal. 

Thanks for the correction and good point.

 

Guess that's my cue to quit VJ for rhe day and go to bed! 

 

 

Ontarkie Grand Master

Ontarkie   14,497

Posted
Filed: Citizen (apr) Country: Canada
 Timeline
Posted

~~Moved to AOS from Work, Student and Tourist Visas, from K1 P&P - the OP is asking about AOS'ing~~

Spoiler

Met Playing Everquest in 2005
Engaged 9-15-2006
K-1 & 4 K-2'S
Filed 05-09-07
Interview 03-12-08
Visa received 04-21-08
Entry 05-06-08
Married 06-21-08
AOS X5
Filed 07-08-08
Cards Received01-22-09
Roc X5
Filed 10-17-10
Cards Received02-22-11
Citizenship
Filed 10-17-11
Interview 01-12-12
Oath 06-29-12

Citizenship for older 2 boys

Filed 03/08/2014

NOA/fee waiver 03/19/2014

Biometrics 04/15/14

Interview 05/29/14

In line for Oath 06/20/14

Oath 09/19/2014 We are all done! All USC no more USCIS

 

Zaraliaya Enthusiast

Zaraliaya   124

Posted
Filed: K-1 Visa Country: Canada
 Timeline
Posted

I agree with others.

 

She is already here, just get married and then do AOS.

 

She won't be able to work, or travel until she gets her EAD and AP, but at least you can stay together during the AOS process.

(This is what I did from a K-1, so far there is no issue).

 

As for dealing with ties in her home country, can most be done over email/phone? Can someone do things for her? If there's a lot to do, and its best she goes back, then that's where you would have to let her go back and do CR-1, but the process will start you from the beginning.

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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