B2 to help US citizen after surgery

[Mike E 11,741]

3 minutes ago, Boiler said:

Why would it be denied? 
 

Has to be a reason and if so you have much bigger issues 

And if so, the K-1 path was doomed anyway. By attempting to adjust now, versus later under K-1, the day of reckoning  occurs sooner.  

[Anna Hessler 119]

14 minutes ago, Boiler said:

Why would it be denied? 
 

Has to be a reason and if so you have much bigger issues 

I'm worried it would be denied/thought to be fraud because of the situation. Our premise for marrying and doing AOS from here is the accident and the fact that I need help at home. What if the immigration officer handling AOS thinks that my accident wasn't serious enough to need help? Or what if they ask why someone else couldn't help me, why did he have to stay and do it?

 

I think I'm overthinking this but I'm just so worried something will go wrong. I hope I don't sound argumentative, its not that at all. I'm just afraid haha. Thank you so much for all this help!

[SteveInBostonI130 3,471]

10 minutes ago, Anna Hessler said:

I'm worried it would be denied/thought to be fraud because of the situation. Our premise for marrying and doing AOS from here is the accident and the fact that I need help at home. What if the immigration officer handling AOS thinks that my accident wasn't serious enough to need help? Or what if they ask why someone else couldn't help me, why did he have to stay and do it?

 

I think I'm overthinking this but I'm just so worried something will go wrong. I hope I don't sound argumentative, its not that at all. I'm just afraid haha. Thank you so much for all this help!

 

I think you have a basic misunderstanding of the process.

 

It is acceptable to marry and adjust status now.  The reason can be just about anything - the accident, changed your mind, fell more in love, etc 

 

The main point is that your fiance entered the US without intent.  His purpose for the visit 61 days ago was to spend the holidays with you - Thanksgiving, Christmas, Veteran's Day, etc.

 

Due to unforseen circumstances, you mutually decided to marry and adjust status.  That is as simple as it needs to be.  But your situation is even better - your accident and the need for the support of your soon to be spouse.

 

As @Mike E stated, get married and adjust status now. File the I-130 and I-485, plus the additional forms.

 

Contact USCIS to withdraw the K1.

 

The one downside is that your fiance cannot leave the US for a while, possibly 8 months or more.  Not even for a short trip to take care of things and move his belongings.  He will need to contact friends or family to get that sorted.

[Boiler 45,730]

The only reason you need is that you are married and want to adjust.

[Anna Hessler 119]

Thank you all! I can't express how much I appreciate you!

[Crazy Cat 41,982]

48 minutes ago, Anna Hessler said:

I'm worried it would be denied/thought to be fraud because of the situation.

You are worried for no reason.  There is no fraud .  Marry, adjust status, and go forward with your lives together. 

Edited January 1, 2023 by Crazy Cat

[nastra30 2,295]

Let me add to chorus. Marry and adjust.

[Rocio0010 5,580]

As others have stated, you have a misunderstanding of how the process would work in your case. 
Intent was established at the port of entry. They didn’t think the had the intention to stay and they let them in. 
People adjust status in the US all the time and for different reasons. I was one of them. I entered on an F1 student visa, had no intentions of staying, but alas! Met my now husband, fell in love, and here we are almost seven years later. 
The officer will not think that you committed fraud. In fact, I don’t think they’ll even ask the question of “I see you had a k1 pending,  but then you adjusted status. Why?” And if they did, you’d have all your medical information to back up why you needed your husband here

[Marieke H 2,520]

I agree with everyone else. Get married and file for his Adjustment of Status. Here is the guide to do so: 

 

Of course, he'll need to be ready to stay here instead of flying back. He won't be able to work and travel until he has his EAD/AP, which can take up to 8 months. He was going to go through that after entering on the K-1, but make sure he is okay with it. 

 

The option to file for AOS is there exactly for your situation; circumstances can change. It makes perfect sense for you guys to get married and file for AOS. Don't stress about a wedding; just go to the courthouse and get it done. You can always have a nice ceremony later if you want. 

[Anna Hessler 119]

You guys are amazing and I appreciate you so much! And thats not just the painkillers talking! 🤣

 

We're looking into how to get a marriage license in CT now.

[Anna Hessler 119]

Can I apply for the I-130 online? Or should we do both the 130 and 485 via paper? Thank you!

[JeanneAdil 6,579]

On top or a person can not work (even to care for a loved one ) on a tourist visa

 

marry and adjust

 

and so sorry for your injuries as i know how painful breaking a wrist can be /  fell and broke both mine a few years back

[Anna Hessler 119]

25 minutes ago, JeanneAdil said:

On top or a person can not work (even to care for a loved one ) on a tourist visa

 

marry and adjust

 

and so sorry for your injuries as i know how painful breaking a wrist can be /  fell and broke both mine a few years back

Thank you! This has really sucked but I can't imagine breaking both sides! I'm so sorry you experienced that. I at least have one arm left!

[Mike E 11,741]

37 minutes ago, Anna Hessler said:

Can I apply for the I-130 online? Or should we do both the 130 and 485 via paper? Thank you!

Tine is of the essence given he has fewer than 30 days left on his authorized stay. I suggest you file them all together as per the guide. Focus on right now on getting a marriage certificate as fast as possible.  

[Anna Hessler 119]

1 minute ago, Mike E said:

Tine is of the essence given he has fewer than 30 days left on his authorized stay. I suggest you file them all together as per the guide. Focus on right now on getting a marriage certificate as fast as possible.  

So both via paper? Thank you!