Can I file for AOS instead of K1?

[Anon72323 0]

My fiance and I got engaged in Dec 2022. I filed for the K1 shortly after at the end of Dec without looking into things like processing times, etc. After we filed, we started looking into all the details more and it turns out the K1 visa takes about 1.5 - 2 years now which is absolutely ridiculous.

 

I started to read and saw that some people come to the US on a visitor visa, enter the border with no immigration intent, get married, and then file for an adjustment of status and stay within the US until they get their green card.

This seems like a much quicker process of at least being together.

Could someone tell me if it would be possible to have my fiance come to the US on an ESTA, get married, and then file for AOS after 90 days while we have a K1 pending?

 

Thank you for all your help!

Edited May 2, 2023 by Anon72323

[Allaboutwaiting 2,503]

If you are already planning it that IS intent and constitutes immigration fraud. 

 

So, DON'T DO IT.

[powerpuff 6,697]

13 minutes ago, Anon72323 said:

I started to read and saw that some people come to the US on a visitor visa, enter the border with no immigration intent, get married, and then file for an adjustment of status and stay within the US until they get their green card.

 

13 minutes ago, Anon72323 said:

Could someone tell me if it would be possible to have my fiance come to the US on an ESTA, get married, and then file for AOS after 90 days while we have a K1 pending

But you do have an immigrant intent.

 

What you suggest is nothing but immigration fraud.

[Anon72323 0]

I was basing my decision to go this route due to seeing a similar thing here: 

 

[powerpuff 6,697]

There’s a big difference between that case and yours. 

[Anon72323 0]

Here is another one I found on reddit that might be relevant?

 

[Allaboutwaiting 2,503]

Both cases were already in the US.

 

Your fiance is not so again, you are planning on committing IMMIGRATION FRAUD, which btw, also goes against the terms of service of this site. 

[SteveInBostonI130 3,434]

Fraud and a good way to get sent to immigration court and/or barred from entering the US.

 

Not a great way to start a marriage.

[SalishSea 17,824]

3 hours ago, Anon72323 said:

My fiance and I got engaged in Dec 2022. I filed for the K1 shortly after at the end of Dec without looking into things like processing times, etc. After we filed, we started looking into all the details more and it turns out the K1 visa takes about 1.5 - 2 years now which is absolutely ridiculous.

 

I started to read and saw that some people come to the US on a visitor visa, enter the border with no immigration intent, get married, and then file for an adjustment of status and stay within the US until they get their green card.

This seems like a much quicker process of at least being together.

Could someone tell me if it would be possible to have my fiance come to the US on an ESTA, get married, and then file for AOS after 90 days while we have a K1 pending?

 

Thank you for all your help!

Nope.  You are planning immigration fraud.

 

Also might want to note that USCIS is known to read Visa Journey.

[Sammy_2496 116]

This is immigration fraud, don’t do it! Continue with the K1 or withdraw the application, get married and file for CR1.

[TBoneTX 45,273]

2 hours ago, Allaboutwaiting said:

IMMIGRATION FRAUD [...] goes against the terms of service of this site

Thread is locked for the above reason.

Do not restart or revisit this topic.