Getting married with a pending K1

[bubblz2022 3]

On 9/9/2021 at 2:50 PM, 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!

 

 

Hi, how long were you in the US before deciding to marry? was your visa expired? I am currently in the same situation and would like some insight.

[Adventine 3,210]

4 minutes ago, bubblz2022 said:

Hi, how long were you in the US before deciding to marry? was your visa expired? I am currently in the same situation and would like some insight.

My visa wasn't expired. At the time, I had been in the US a few weeks when my government announced a new set of restrictions and my flights got cancelled due to bad weather. So we got completely fed up and decided to marry and AOS.

[bubblz2022 3]

13 hours ago, Adventine said:

My visa wasn't expired. At the time, I had been in the US a few weeks when my government announced a new set of restrictions and my flights got cancelled due to bad weather. So we got completely fed up and decided to marry and AOS.

Thank you for sharing! This option seems to be the least stressful 

[Titatitu 0]

On 9/9/2021 at 2:40 AM, 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! 

 

On 9/9/2021 at 4:03 AM, 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.  

 

On 9/9/2021 at 4:50 AM, Adventine said:

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

 

Honest question and this is not to cast any doubt to any of you here, and it's not my intention to commit immigration fraud, but how do officers at POE know if someone is lying about his intent (to get married via B2 visa)?

 

Or a more subtle case, assuming someone visiting his girlfriend and while they don't have clear intention to get married, i.e., it's not his sole purpose when obtaining B2 visa, they do know there's a chance of them getting married and do AOS in the US. The visit is like a "moving together" period and they might get married in the end. Is that considered lying and fraud? 

 

[HRQX 4,145]

3 hours ago, Titatitu said:

how do officers at POE know if someone is lying about his intent (to get married via B2 visa)?

Actually the preconceived intent to marry in the US during a genuine tourist visit is allowed: https://uk.usembassy.gov/visas/immigrant-visa-faqs/

We are traveling to the United States to marry and will return to the United Kingdom after marriage. Do I still need a fiancé(e) visa?

If you will return to your permanent residence you may apply for a tourist B-2 visa, or if eligible, travel visa free under the Visa Waiver Program. At the time you apply for the visa and/or travel to the United States you will be required to show that you have a residence outside the United States that you do not intend to abandon. There is no set form that this evidence takes as it varies with each person’s circumstances.

What isn't allowed at POE is preconceived intent to either AOS or overstay with a B-2 visa.

Edited February 2, 2022 by HRQX