Getting married with a pending K1

[chibichummy 8]

Hello! Someone referred me to this website when I was asking around for our case.

I arrived in the US a month ago to visit my fiancé; we have an approved I-129F form, our case is currently at NVC, and we're waiting for an interview at the US Embassy in Manila. People have suggested that we could marry right now and file for AOS, which was something we didn't know was possible and was surprised to know that it was legal. I'm prepared to go through the AOS (as I will have to, even through the K1) - meaning I'd be unable to come home and/or be employed while it is pending. Our priority is for me to be here for him, as he lives alone and he's working in healthcare - he's exposed to COVID-19 on a daily basis. Now that cases are climbing up again in the US AND the Philippines, we'd rather not be a plane ride away from each other. 

 

If I remember correctly, I'm not allowed to enter the US with a B2 visa to marry inside the states, this is why we initially filed for K1, and why we only meant this for me as a short vacation. With this, I have a few questions:

• If we DO decide to get married, will our previous K1 application be an issue for our AOS application? Wouldn't this mean I had immigration intent, just so happened that it was not on THIS trip?
• We are far along the K1 process - just waiting for an interview, but the state of USEM is not looking too good right now too. We know this is a personal decision, but we'd also like to hear what others have to say. Despite wanting to go through this the quickest way possible, we want to make sure we're not breaking any laws. 

[powerpuff 6,698]

57 minutes ago, chibichummy said:

If we DO decide to get married, will our previous K1 application be an issue for our AOS application? Wouldn't this mean I had immigration intent, just so happened that it was not on THIS trip?

No issue. Immigrant intent is established when you enter at POE. After that they can’t use it against you. Therefore, you’re not breaking any laws or doing something unlawful. Go ahead and get married and file for AOS. Good luck! 

[Crazy Cat 41,857]

2 hours ago, chibichummy said:

Hello! Someone referred me to this website when I was asking around for our case.

I arrived in the US a month ago to visit my fiancé; we have an approved I-129F form, our case is currently at NVC, and we're waiting for an interview at the US Embassy in Manila. People have suggested that we could marry right now and file for AOS, which was something we didn't know was possible and was surprised to know that it was legal. I'm prepared to go through the AOS (as I will have to, even through the K1) - meaning I'd be unable to come home and/or be employed while it is pending. Our priority is for me to be here for him, as he lives alone and he's working in healthcare - he's exposed to COVID-19 on a daily basis. Now that cases are climbing up again in the US AND the Philippines, we'd rather not be a plane ride away from each other. 

 

If I remember correctly, I'm not allowed to enter the US with a B2 visa to marry inside the states, this is why we initially filed for K1, and why we only meant this for me as a short vacation. With this, I have a few questions:

• If we DO decide to get married, will our previous K1 application be an issue for our AOS application? Wouldn't this mean I had immigration intent, just so happened that it was not on THIS trip?
• We are far along the K1 process - just waiting for an interview, but the state of USEM is not looking too good right now too. We know this is a personal decision, but we'd also like to hear what others have to say. Despite wanting to go through this the quickest way possible, we want to make sure we're not breaking any laws. 

Unless you lied when you entered the US about your intent, there is no problem.  There is nothing illegal about entering the US for marriage.  However, it is illegal to enter the US via a B2 with the intent to stay and adjust status.  In your case, you can legally adjust status after marriage.  You should study and understand the process in this guide below. The petitioner can send a letter to withdraw the I-129 with the I-130.  

 

 

Edited September 9, 2021 by Crazy Cat

[Crazy Cat 41,857]

****I moved this topic to the Adjustment of Status from Work, Student, and Tourist Visas area*****

[Adventine 3,196]

I was in the same situation as you (check my timeline). Had a pending K1, visited on a B2, then during my US visit, we got completely fed up with the PH government travel restrictions.

 

Provided that you didn't lie about your intent at the POE, you can marry and adjust status in the US.

 

Be aware that until you will not be able to work legally or travel internationally for many months (6-8 months seems to be the norm, but can be much longer).

 

Good luck!

 

 

[chibichummy 8]

2 hours ago, powerpuff said:

No issue. Immigrant intent is established when you enter at POE. After that they can’t use it against you. Therefore, you’re not breaking any laws or doing something unlawful. Go ahead and get married and file for AOS. Good luck! 

Thank you!

[chibichummy 8]

51 minutes ago, Crazy Cat said:

Unless you lied when you entered the US about your intent, there is no problem.  There is nothing illegal about entering the US for marriage.  However, it is illegal to enter the US via a B2 with the intent to stay and adjust status.  In your case, you can legally adjust status after marriage.  You should study and understand the process in this guide below. The petitioner can send a letter to withdraw the I-129 with the I-130.  

 

 

Thank you! This is helpful to know.

I'll read up on this

[chibichummy 8]

10 minutes ago, Adventine said:

I was in the same situation as you (check my timeline). Had a pending K1, visited on a B2, then during my US visit, we got completely fed up with the PH government travel restrictions.

 

Provided that you didn't lie about your intent at the POE, you can marry and adjust status in the US.

 

Be aware that until you will not be able to work legally or travel internationally for many months (6-8 months seems to be the norm, but can be much longer).

 

Good luck!

 

 

Just went over your timeline, wow it really IS the same situation, and congratulations! I'm so happy things went smoothly for you.

If it's okay to ask (and if it's too personal to answer, you don't have to, I understand) - did the K1 come up during the interview? I feel bad for quitting it now that we are nearing the finish line, but if this really is a legal option for us then we'll take it.

[Adventine 3,196]

Yes, the K1 did come up during the AOS interview but we answered with the truth. It worked out well.

[chibichummy 8]

11 minutes ago, Adventine said:

Yes, the K1 did come up during the AOS interview but we answered with the truth. It worked out well.

Really glad to know! Thank you for your help! 

[Celebi 136]

2 hours ago, Adventine said:

I was in the same situation as you (check my timeline). Had a pending K1, visited on a B2, then during my US visit, we got completely fed up with the PH government travel restrictions.

Wow. You have one of the fastest timelines I've seen on this forum  

 

@chibichummy with everything going on in the Philippines, it might be best to do AOS here instead. Haven't seen my family in 2 years but I wouldn't risk it especially now that most hospitals are in full capacity due to Covid and the government seems to be making a joke out of it instead of taking things seriously. Might take another year or so to be able to travel safely back to the Phils. 

[Dashinka 24,498]

6 hours ago, chibichummy said:

Hello! Someone referred me to this website when I was asking around for our case.

I arrived in the US a month ago to visit my fiancé; we have an approved I-129F form, our case is currently at NVC, and we're waiting for an interview at the US Embassy in Manila. People have suggested that we could marry right now and file for AOS, which was something we didn't know was possible and was surprised to know that it was legal. I'm prepared to go through the AOS (as I will have to, even through the K1) - meaning I'd be unable to come home and/or be employed while it is pending. Our priority is for me to be here for him, as he lives alone and he's working in healthcare - he's exposed to COVID-19 on a daily basis. Now that cases are climbing up again in the US AND the Philippines, we'd rather not be a plane ride away from each other. 

 

If I remember correctly, I'm not allowed to enter the US with a B2 visa to marry inside the states, this is why we initially filed for K1, and why we only meant this for me as a short vacation. With this, I have a few questions:

• If we DO decide to get married, will our previous K1 application be an issue for our AOS application? Wouldn't this mean I had immigration intent, just so happened that it was not on THIS trip?
• We are far along the K1 process - just waiting for an interview, but the state of USEM is not looking too good right now too. We know this is a personal decision, but we'd also like to hear what others have to say. Despite wanting to go through this the quickest way possible, we want to make sure we're not breaking any laws. 

Actually, you have several options, you can get married in the US, and leave while your USC spouse cancels the I129F, and files an I130 (there is no restriction in coming to the US on a B2 to get married and leave).  You can get married and stay and AOS keeping in mind you will have several months before you get the employment authorization and advanced parole, so no working or re-entering the US (if you leave).  Or you can just continue your visit, not get married and wait for the K1.  Based on your story, it appears there was no plan ahead of time when you entered the US on your B2, so getting married and doing the AOS should have no issues.

 

Good Luck!

[Adventine 3,196]

@Celebi
thanks, I think it was a combination of an organized packet and a relatively fast field office.

 

Someone else completed AOS in three months, which I think is the VJ record for COVID-era AOS:

 

https://www.visajourney.com/forums/topic/748942-green-card-was-approved-in-3-months-my-aos-story/

[chibichummy 8]

37 minutes ago, Celebi said:

Wow. You have one of the fastest timelines I've seen on this forum  

 

@chibichummy with everything going on in the Philippines, it might be best to do AOS here instead. Haven't seen my family in 2 years but I wouldn't risk it especially now that most hospitals are in full capacity due to Covid and the government seems to be making a joke out of it instead of taking things seriously. Might take another year or so to be able to travel safely back to the Phils. 

Yes I agree, that's why we are considering this now too. Going back to the Philippines would mean thousands of pesos / a few thousand dollars spent on a pre-booked hotel for 10-14 days, and swab tests etc. -- which I was prepared for. Now that we know that this is a legal option, then it's better to spend that money on this process instead.

[chibichummy 8]

1 hour ago, Dashinka said:

Actually, you have several options, you can get married in the US, and leave while your USC spouse cancels the I129F, and files an I130 (there is no restriction in coming to the US on a B2 to get married and leave).  You can get married and stay and AOS keeping in mind you will have several months before you get the employment authorization and advanced parole, so no working or re-entering the US (if you leave).  Or you can just continue your visit, not get married and wait for the K1.  Based on your story, it appears there was no plan ahead of time when you entered the US on your B2, so getting married and doing the AOS should have no issues.

 

Good Luck!

Thank you for your input, and thanks for citing the other options too. You're right! Appreciate this a lot!