AOS or K-1 Visa 2021?

[missmeowmeow 0]

Hi everyone 😊

 

COVID-19 has changed the everything, and I'm in a bit of a dilemma.

 

My boyfriend and I have been together for nearly 2 years now, and in June of 2020, he proposed.

I'm a U.S. Citizen, and he's a U.K. Citizen who often visits me on an ESTA. We had plans last year to file for the K-1 Visa, but with the US Embassy in London suspending the non-emergency visa services and interviews, we decided to wait a bit to see what was going to happen. During that time, I visited his family in the U.K., and since December, he's here visiting with my family in Texas. But still, nearly a year later, there hasn't been much change.

 

It wasn't until just recently that we had the idea, "hey, what if we just go ahead and get married?"

I've seen that it's possible to file for an AOS after getting married, as long as his intent on entering the country wasn't to do so. He came here just to visit, but now, with COVID-19 still in the way, and a possibly huge backup on K-1 visas, would it be a better idea just to go for AOS?

 

I'm honestly afraid of the risks of him getting deported if something happens with the AOS, but he has no criminal history whatsoever, we're both in our 20s, and we truly do love each other and will have plenty of evidence of that. I'd love an opinion from someone, because I feel really stuck, and time is running out.

 

Thank you

 

[mushroomspore 3,044]

10 minutes ago, missmeowmeow said:

Hi everyone 😊

 

COVID-19 has changed the everything, and I'm in a bit of a dilemma.

 

My boyfriend and I have been together for nearly 2 years now, and in June of 2020, he proposed.

I'm a U.S. Citizen, and he's a U.K. Citizen who often visits me on an ESTA. We had plans last year to file for the K-1 Visa, but with the US Embassy in London suspending the non-emergency visa services and interviews, we decided to wait a bit to see what was going to happen. During that time, I visited his family in the U.K., and since December, he's here visiting with my family in Texas. But still, nearly a year later, there hasn't been much change.

 

It wasn't until just recently that we had the idea, "hey, what if we just go ahead and get married?"

I've seen that it's possible to file for an AOS after getting married, as long as his intent on entering the country wasn't to do so. He came here just to visit, but now, with COVID-19 still in the way, and a possibly huge backup on K-1 visas, would it be a better idea just to go for AOS?

 

I'm honestly afraid of the risks of him getting deported if something happens with the AOS, but he has no criminal history whatsoever, we're both in our 20s, and we truly do love each other and will have plenty of evidence of that. I'd love an opinion from someone, because I feel really stuck, and time is running out.

 

Thank you

 

File AOS, preferably before his I-94 expires. You won't have issues and it is not illegal. The only people who frown upon AOS from visitor/tourist status are people who think it's the "less legal" but it is not. The US government says it is perfectly legal so long as the intending immigrant did not originally have preconceived plans or intent to AOS BEFORE entering the US. Intent is determined at the border, so it is a moot point for you guys. I'm Canadian, adjusted from visitor status too. No problems except for the fact we waited 3 hours past our scheduled interview time...

 

Just be aware that your fiance cannot work or travel outside of the US until he receives the employment authorization document and advanced parole combination card (EAD/AP). 

 

Read the AOS guide: 

 

Edited February 22, 2021 by mushroomspore

[Crazy Cat 42,308]

22 minutes ago, missmeowmeow said:

I'm honestly afraid of the risks of him getting deported if something happens with the AOS

What risks?  It is perfectly legal to marry and file for adjustment if he is already here in the US.   See above link by @mushroomspore