Getting Married in US with Pending K1 Application

[rebelgods 0]

I am a US citizen and my fiancee is has been here on a visit now for a few months. We had not seen each other in well over a year prior to that due to my moving back to the US and covid travel barriers.

 

Our K1 visa NOA 1/ acknowledgement of receipt was in early April 2020. We have become tired of waiting for the approval and decided we want to get married while she is here, cancel the K1 application, and instead apply for an adjustment of status then green card. Is this reasonable given the circumstances?

[Boiler 45,486]

Well it is a personal choice, nothing anybody else can really comment on.

[Coco8 1,042]

She is in the US already and you have just decided to get married now + AOS (so it was not the intention prior to travel). So you can.

[Letspaintcookies 2,310]

Many have done that during the last two years. She'll have to go through AOS anyways so timewise y'all can only win. If she has her affairs in order back home ( or somebody to take care of everything and send her what she needs ) and can stay for about 8 months without going back that's just fine.

[rebelgods 0]

Will our having submitted the K1 visa present any risks in terms of pre-existing intent to marry? My main concern is that nothing is considered visa fraud, etc.

[IWander 589]

1 minute ago, rebelgods said:

Will our having submitted the K1 visa present any risks in terms of pre-existing intent to marry? My main concern is that nothing is considered visa fraud, etc.

No

[SalishSea 17,827]

1 hour ago, rebelgods said:

Will our having submitted the K1 visa present any risks in terms of pre-existing intent to marry? My main concern is that nothing is considered visa fraud, etc.

Not everyone who travels for a visit on a B visa can realistically wait upwards of a year to return to their home country, or to work.  The AP/EAD timelines are long.

 

Just something to consider.

[SteveInBostonI130 3,434]

12 hours ago, rebelgods said:

I am a US citizen and my fiancee is has been here on a visit now for a few months. We had not seen each other in well over a year prior to that due to my moving back to the US and covid travel barriers.

 

Our K1 visa NOA 1/ acknowledgement of receipt was in early April 2020. We have become tired of waiting for the approval and decided we want to get married while she is here, cancel the K1 application, and instead apply for an adjustment of status then green card. Is this reasonable given the circumstances?

 

It should not be an issue.  Write a letter to USCIS to withdraw the K1.

 

Just out of curiosity, have you contacted USCIS for your I-129F status?  You are definitely outside normal processing time for CSC (any petitions with a NOA1 date on or before Feb 16, 2021).

[rebelgods 0]

11 minutes ago, SteveInBostonI130 said:

 

It should not be an issue.  Write a letter to USCIS to withdraw the K1.

 

Just out of curiosity, have you contacted USCIS for your I-129F status?  You are definitely outside normal processing time for CSC (any petitions with a NOA1 date on or before Feb 16, 2021).

 

Thank you and good point, there's a typo there. My NOA 1 was early April 2021, not 2020.

 

Thanks,

Edited February 3, 2022 by rebelgods

[powerpuff 6,697]

~ Topic moved from K1 forum to AOS work/student/tourist visas as OP is looking to AOS from a tourist visa while fiancé is currently in the US ~

[nastra30 2,284]

16 hours ago, rebelgods said:

I am a US citizen and my fiancee is has been here on a visit now for a few months. We had not seen each other in well over a year prior to that due to my moving back to the US and covid travel barriers.

 

Our K1 visa NOA 1/ acknowledgement of receipt was in early April 2020. We have become tired of waiting for the approval and decided we want to get married while she is here, cancel the K1 application, and instead apply for an adjustment of status then green card. Is this reasonable given the circumstances?

Sure; you can marry and do AOS. Your future wife will not be able to work or travel for some time while waiting for the appropriate documents which will currently takes 6+ months to get. So weigh the pros and cons well.