Quit K1 and get married while I am in the state?

[Crane424 6]

this is how far we get.... so far

I-129F Sent :	2021-05-17
I-129F NOA1 :	2021-05-27

 

I am currently visiting my bf in the state for 3 months entered with ESTA visa. 

more we read about how slow the process is for K1 more scared we are (also covid situations seem to getting bad again....),

we just dont want to go thru long distance without knowing when is gonna end!! 

 

so here is a hypothetical question...  can we just get married here and start new process and forget about K1? 

or this is not a wise move to do as it might effect each other? 

or should we hire a lawyer? 

 

any ideas or experience to share are all welcome and appreciate! 

[HRQX 4,145]

10 minutes ago, Crane424 said:

can we just get married here and start new process and forget about K1?

Yes. After you get the marriage certificate, fill out and submit the following. I-130 and I-864 are filled-out by the US citizen, and the rest of the forms by the immigrant. In general, send the following four packets (*note that I-765 and I-131 packets are optional, but highly recommended) in the same envelope to the Chicago Lockbox:

• I-130 with I-130A and copy of marriage certificate, filing fees, etc.;
• I-485 with I-864 and supporting documents, electronic I-94 copy, filing fees, etc.;
• I-765 with electronic I-94 copy, etc.; and
• I-131 with electronic I-94 copy, etc.

You'll separate each packet with rubber bands or fasteners: https://www.uscis.gov/forms/forms-information/form-filing-tips

On the I-130 packet, I-130 payment method (check, money order, or Form G-1450) must be the very first item of this packet.

On the I-485 packet, I-485 payment method (check, money order, or Form G-1450) must be the very first item of this packet.

[Crazy Cat 41,982]

40 minutes ago, Crane424 said:

so here is a hypothetical question...  can we just get married here and start new process and forget about K1? 

Once you are married, the K-1 is voided.  You can legally adjust status as stated above, but be aware that you cannot work or leave the US for several months (as long as 8 months, possibly).  Good luck.

[Crane424 6]

46 minutes ago, HRQX said:

Yes. After you get the marriage certificate, fill out and submit the following. I-130 and I-864 are filled-out by the US citizen, and the rest of the forms by the immigrant. In general, send the following four packets (*note that I-765 and I-131 packets are optional, but highly recommended) in the same envelope to the Chicago Lockbox:

• I-130 with I-130A and copy of marriage certificate, filing fees, etc.;
• I-485 with I-864 and supporting documents, electronic I-94 copy, filing fees, etc.;
• I-765 with electronic I-94 copy, etc.; and
• I-131 with electronic I-94 copy, etc.

You'll separate each packet with rubber bands or fasteners: https://www.uscis.gov/forms/forms-information/form-filing-tips

On the I-130 packet, I-130 payment method (check, money order, or Form G-1450) must be the very first item of this packet.

On the I-485 packet, I-485 payment method (check, money order, or Form G-1450) must be the very first item of this packet.

thank you for your detail reply! appreciated!  
we will have a look on it and see whats the best for us  

[Crane424 6]

19 minutes ago, Lucky Cat said:

Once you are married, the K-1 is voided.  You can legally adjust status as stated above, but be aware that you cannot work or leave the US for several months (as long as 8 months, possibly).  Good luck.

謝謝你，前輩! 

so knowing K1 wont be a problem for getting the new marriage visa just open another door for us! 

and yes I am aware of the rules of staying here and cant work until I get the green card.... will talk to my boyfriend about it later tonight. 

I think the safest way is wait for K1 as we already started it, but doing long distance just so difficult! 

[KayDeeCee 4,893]

As others have stated, perfectly okay to change your minds and get married now while you are in the US.  If you are prepared/willing to stay without leaving the US for a bit, then go ahead and get married soon. The only thing you lose is the fee for filing the I-129F petition.

 

There is a guide here on VJ about filing the I-130 and adjustment forms together > https://www.visajourney.com/guides/i130-spouse-inside-usa/

 

[Adventine 3,201]

I was almost in the same situation as you. We had a K1 application in progress and I entered the US on a tourist visa for a short visit to see my fiancé. Then my country temporarily closed its borders to certain types of citizens, including myself. Even though my country quickly amended its announcement, it was the last straw for us. We didn't want to deal with the uncertainty and stress of a long-distance relationship in a time of rapidly changing travel rules. So we got married and filed for AOS.

 

Before we made the decision, we discussed all the pros and cons, including budgeting for an extended period when I wouldn't be able to work or travel. I also had to quit my job because I couldn't work remotely (both US and home country employer's rules). I also had to deal with not being able to properly say goodbye to my family (probably the hardest part of the decision).

 

Do some reading here on VJ, discuss all the pros and cons with your partner, and hopefully you'll make the best decision for your long-term goals.

 

 

Edited July 2, 2021 by Adventine

[Crane424 6]

On 7/3/2021 at 7:27 AM, KayDeeCee said:

As others have stated, perfectly okay to change your minds and get married now while you are in the US.  If you are prepared/willing to stay without leaving the US for a bit, then go ahead and get married soon. The only thing you lose is the fee for filing the I-129F petition.

 

There is a guide here on VJ about filing the I-130 and adjustment forms together > https://www.visajourney.com/guides/i130-spouse-inside-usa/

 

Thank you! after reading all this we feel such a relief knowing this option is possible!! 

[Crane424 6]

On 7/3/2021 at 7:45 AM, Adventine said:

I was almost in the same situation as you. We had a K1 application in progress and I entered the US on a tourist visa for a short visit to see my fiancé. Then my country temporarily closed its borders to certain types of citizens, including myself. Even though my country quickly amended its announcement, it was the last straw for us. We didn't want to deal with the uncertainty and stress of a long-distance relationship in a time of rapidly changing travel rules. So we got married and filed for AOS.

 

Before we made the decision, we discussed all the pros and cons, including budgeting for an extended period when I wouldn't be able to work or travel. I also had to quit my job because I couldn't work remotely (both US and home country employer's rules). I also had to deal with not being able to properly say goodbye to my family (probably the hardest part of the decision).

 

Do some reading here on VJ, discuss all the pros and cons with your partner, and hopefully you'll make the best decision for your long-term goals.

 

 

hi, thank your for sharing your experience here with us! we've been talking a lot on this but there's still no answer just yet, like you said the expense of few months without rights to work here its quite a big con, and also I have 2 dogs and cat still back home waiting for me to get K1 then bring them with me to the state... so still need to think on it and see how the covid situation goes.

I am sorry you dont get to say sorry to your families, that's painful, hopefully you will get the visa soon so you can go back to see them! 

[SalishSea 17,949]

1 hour ago, Crane424 said:

hi, thank your for sharing your experience here with us! we've been talking a lot on this but there's still no answer just yet, like you said the expense of few months without rights to work here its quite a big con, and also I have 2 dogs and cat still back home waiting for me to get K1 then bring them with me to the state... so still need to think on it and see how the covid situation goes.

I am sorry you dont get to say sorry to your families, that's painful, hopefully you will get the visa soon so you can go back to see them! 

You will still have the issue of not working or traveling for 8-10 months if you arrive on a K-1.  The difference would be getting to make arrangements for your pets and say goodbye and wrap up loose ends.

[gm2020 17]

I'm confused because other posts I've read about this say it's really risky to do something like this because uscis will consider you as having lied to get into the country on a temp visa, and so they may never give green card or residency in US. But everyone in this thread is saying it's a good idea?

[HRQX 4,145]

1 hour ago, gm2020 said:

I'm confused because other posts

Each post has different circumstances. For example, if in a different post the beneficiary is currently outside of the US then we cannot condone B-2 or VWP abuse (i.e. preconceived intent at POE to Adjust status), per this site's TOS.

 

In this thread, OP is currently in the US. For Immediate Relatives (as defined by the INA) intent is determined at entry, not at the AOS interview. See Matter of Battista and Matter of Cavazos.

[Sparkle Sparkle 914]

1 hour ago, gm2020 said:

I'm confused because other posts I've read about this say it's really risky to do something like this because uscis will consider you as having lied to get into the country on a temp visa, and so they may never give green card or residency in US. But everyone in this thread is saying it's a good idea?

When it comes to immigration, nothing is promised...it can only be said that lots of people have changed their minds about K and have successfully adjusted without issues. If you come in with K1 and you have ever lied about anything or had issues with drugs, it could be an issue. If you get the 2 year green card and something happens along the way you can also have problems when you adjusting or lifting conditions. There  is no tailor fit answer to our question.

Edited July 12, 2021 by Sparkle Sparkle

[Crane424 6]

14 minutes ago, HRQX said:

r this site's TOS.

 

On 7/8/2021 at 11:41 AM, Jorgedig said:

You will still have the issue of not working or traveling for 8-10 months if you arrive on a K-1.  The difference would be getting to make arrangements for your pets and say goodbye and wrap up loose ends.

oh wow I just look it up, so its actually about the same with K1, will have to wait for work permit!! I was so naive, I thought come in to the state with K1 I can just work like others!! thanks for letting us know this, if both gonna take time to wait might as well get married now!! thank you again!! 

[Crane424 6]

2 hours ago, gm2020 said:

I'm confused because other posts I've read about this say it's really risky to do something like this because uscis will consider you as having lied to get into the country on a temp visa, and so they may never give green card or residency in US. But everyone in this thread is saying it's a good idea?

I also read this  somewhere as well, most of them said it took longer for them to get the green card but eventually they get it.

also have many others out there go thru this process fine. just so confusing and unsure about all I know, wish there's a fix answer for this!