Should we just go for it?

[dreamsicle 0]

Good evening VJers, I've used this site tons but never decided to actually make an account and post until now. 

 

Anyway, I am looking for some insight since any information outside of this site is questionable.

 

Fiancee and I sent in our K1 December 2021. We are a few months shy of getting our NOA2, I'm aware. I am the petitioner. Little backstory: We met in the early summer of last year while out dancing, he was here visiting his family and at a point throughout the night he approached me, we hit it off, exchanged information and since then we have talked every. single. day. We've also visited tons over the months, over 4 times and right now he is here for a month due to some concerts we decided we wanted to go see together as well as traveling to bordering cities and get to know new places together, like we've always wanted. On that note, we're tired of the goodbyes, they're much too painful and I know the majority of you understand that.. and the time for him to go back is coming up. My question here is, would it be somehow illegal or, for lack of a better term, stupid to just go for it and marry and do his AOS while the K1 is active? Do I have to fill some form to cancel it if we do that and get started on everything need to adjust? We're aware of the long months ahead without work or travel if we choose this route and it's not an issue.

 

I guess my only other concern is that back in 2017 I did a CR1 visa for my then husband, as a way of us finally being able to be together. It was approved and all but once we were actually together the marriage fell through leading to divorce (which was finalized in 2020). Whereas my current fiancee and I have spent a good amount of time with one another, our families even speak to each other and get along. My family is just as much in love with him as his is with me.. not that it matters much, but just thought I'd throw that in there. Everything with ex-husband was resolved easily, nothing was messy and we split recognizing we weren't meant to be. Would the fact that I did that be means for an issue going down this route? 

Edited July 19, 2022 by dreamsicle
forgot some words

[Daphne . 1,827]

You can file for the AOS, and you’ll probably have to answer some questions about you previous marriage but that in itself shouldn’t negatively impact the decision. 

[EatBulaga 311]

If you marry, then you have to cancel the K1 application, and start a new CR1/IR1 spouse visa application.

https://www.visajourney.com/forums/topic/764182-how-to-cancel-k1-visa-application/

https://www.visajourney.com/forums/topic/627588-how-to-cancel-k1-visa-application/

https://www.visajourney.com/guides/ir1-spouse-visa/

 

The I-129F is for K1 fiance/fiancee visa (not married).

 

In both cases, you will have to prove that you are divorced with the paperwork since USCIS has a record of your previous CR1. Good luck!

Edited July 19, 2022 by EatBulaga

[powerpuff 6,485]

~~ Topic moved from K1 forum to AOS work/tourist/student visas - this is AOS from a tourist visa ~~

[dreamsicle 0]

8 hours ago, EatBulaga said:

If you marry, then you have to cancel the K1 application, and start a new CR1/IR1 spouse visa application.

https://www.visajourney.com/forums/topic/764182-how-to-cancel-k1-visa-application/

https://www.visajourney.com/forums/topic/627588-how-to-cancel-k1-visa-application/

https://www.visajourney.com/guides/ir1-spouse-visa/

 

The I-129F is for K1 fiance/fiancee visa (not married).

 

In both cases, you will have to prove that you are divorced with the paperwork since USCIS has a record of your previous CR1. Good luck!

thank you and that’s no problem! i submitted my official divorce decree along with the K1 and can easily get more copies from my cities courthouse for a small fee. so, if we do marry, file the cr1 while he’s still here? or do i go for aos directly?

 

and forgive me if this is a dumb question but.. how does one cancel the current active petition? 

[dreamsicle 0]

10 hours ago, Daphne K said:

You can file for the AOS, and you’ll probably have to answer some questions about you previous marriage but that in itself shouldn’t negatively impact the decision. 

i wouldn’t think so either, especially since it was entered in good faith. it just didn’t work out. thank you for your response. 

[EatBulaga 311]

3 hours ago, dreamsicle said:

thank you and that’s no problem! i submitted my official divorce decree along with the K1 and can easily get more copies from my cities courthouse for a small fee. so, if we do marry, file the cr1 while he’s still here? or do i go for aos directly?

 

and forgive me if this is a dumb question but.. how does one cancel the current active petition? 

How to cancel I-129F:

https://www.visatutor.com/i-129f-fiance-visa-case-proper-steps-to-cancel-or-withdraw-petition/

 

How to AOS or other visa application depends on the visa that your partner entered the US? I would find a lawyer or someone else more knowledgeable about how the USCIS will question such a marriage under that visa.

Edited July 19, 2022 by EatBulaga

[SalishSea 17,559]

21 hours ago, dreamsicle said:

Good evening VJers, I've used this site tons but never decided to actually make an account and post until now. 

 

Anyway, I am looking for some insight since any information outside of this site is questionable.

 

Fiancee and I sent in our K1 December 2021. We are a few months shy of getting our NOA2, I'm aware. I am the petitioner. Little backstory: We met in the early summer of last year while out dancing, he was here visiting his family and at a point throughout the night he approached me, we hit it off, exchanged information and since then we have talked every. single. day. We've also visited tons over the months, over 4 times and right now he is here for a month due to some concerts we decided we wanted to go see together as well as traveling to bordering cities and get to know new places together, like we've always wanted. On that note, we're tired of the goodbyes, they're much too painful and I know the majority of you understand that.. and the time for him to go back is coming up. My question here is, would it be somehow illegal or, for lack of a better term, stupid to just go for it and marry and do his AOS while the K1 is active? Do I have to fill some form to cancel it if we do that and get started on everything need to adjust? We're aware of the long months ahead without work or travel if we choose this route and it's not an issue.

 

I guess my only other concern is that back in 2017 I did a CR1 visa for my then husband, as a way of us finally being able to be together. It was approved and all but once we were actually together the marriage fell through leading to divorce (which was finalized in 2020). Whereas my current fiancee and I have spent a good amount of time with one another, our families even speak to each other and get along. My family is just as much in love with him as his is with me.. not that it matters much, but just thought I'd throw that in there. Everything with ex-husband was resolved easily, nothing was messy and we split recognizing we weren't meant to be. Would the fact that I did that be means for an issue going down this route? 

Keep in mind that your partner will be stuck in the US without being able to work (or return, if he leaves), possibly for 8 months or so.  Green cards are currently taking up to two years in some locations.