Abandon K1, marry & AOS

[Nbc16 3]

Hi everybody,

my fiance and I applied for k1 2 years and a half ago were approved and interviewed. Everything went well but was put on administrative processing for months with no apparent reason (Canada). We have been ready to get married for over a year now not knowing that this was gonna take forever… i am currently on a visit in the US to see him and we just found out we are pregnant. We both want to marry asap not knowing how long this administrative black hole is gonna take, can we marry spontaneously right now, abandon the k1 and adjust status instead? I had no intent of marrying on this visit i’m simply here to watch his sports season just like every fall, as he’s a professional athlete. I’m aware it will take months but atleast we will be together during these times. Please share your experience or knowledge on the subject!

Thank you!

[HandmadeTurnip 150]

Yes, you can go ahead and file for adjustment of status if you want to.

 

Presumably you're also aware that you won't be able to work or leave the US for several months?

[Nbc16 3]

Just now, HandmadeTurnip said:

Yes, you can go ahead and file for adjustment of status if you want to.

 

Presumably you're also aware that you won't be able to work or leave the US for several months?

Hi! 
Yes aware of the being stuck and not being able to work. I am just worried that they would think it’s fraud because of the k1 process when i really only planned to visit him for a few months and go back home.

[Dana.L 12]

52 minutes ago, Nbc16 said:

Hi everybody,

my fiance and I applied for k1 2 years and a half ago were approved and interviewed. Everything went well but was put on administrative processing for months with no apparent reason (Canada). We have been ready to get married for over a year now not knowing that this was gonna take forever… i am currently on a visit in the US to see him and we just found out we are pregnant. We both want to marry asap not knowing how long this administrative black hole is gonna take, can we marry spontaneously right now, abandon the k1 and adjust status instead? I had no intent of marrying on this visit i’m simply here to watch his sports season just like every fall, as he’s a professional athlete. I’m aware it will take months but atleast we will be together during these times. Please share your experience or knowledge on the subject!

Thank you!

Have you been emailing the consulate asking for updates? If yes, what have they been saying?
Before abandoning your K1, maybe reach out and give them the information of your pregancy and ask for an expedite. The worst outcome here is they say no, and then you can go ahead and just get married. Montreal is currently taking about 10 days to reply to emails. 

 

I would also consult with a lawyer to go over the potential consequence of abandoning and applying for AOS. 

 

I feel your pain, also in AP for a K1 visa. My fiance interviewed in August and we havent heard much since. 

[HandmadeTurnip 150]

1 minute ago, Nbc16 said:

Hi! 
Yes aware of the being stuck and not being able to work. I am just worried that they would think it’s fraud because of the k1 process when i really only planned to visit him for a few months and go back home.

 

That won't be an issue, your intent was established at the border and you had no plan to stay and adjust status at that time.

[Dana.L 12]

3 minutes ago, Nbc16 said:

Hi! 
Yes aware of the being stuck and not being able to work. I am just worried that they would think it’s fraud because of the k1 process when i really only planned to visit him for a few months and go back home.

Intent is established when you cross the boarded. If your plans changed after you arrived, this wont matter.

[Nbc16 3]

16 minutes ago, Dana.L said:

Have you been emailing the consulate asking for updates? If yes, what have they been saying?
Before abandoning your K1, maybe reach out and give them the information of your pregancy and ask for an expedite. The worst outcome here is they say no, and then you can go ahead and just get married. Montreal is currently taking about 10 days to reply to emails. 

 

I would also consult with a lawyer to go over the potential consequence of abandoning and applying for AOS. 

 

I feel your pain, also in AP for a K1 visa. My fiance interviewed in August and we havent heard much since. 

Hi! I have been emailing and everything! Also filed WOM in september and waiting to hear this week about it but noticing how they have been dismissing them so i’m bracing for the worse.. We have been in AP since may. We also have a consultation booked to talk about the aos route.

14 minutes ago, HandmadeTurnip said:

 

That won't be an issue, your intent was established at the border and you had no plan to stay and adjust status at that time.

 

13 minutes ago, Dana.L said:

Intent is established when you cross the boarded. If your plans changed after you arrived, this wont matter.

Thank you for the info ! It’s hard to prove a state of mind lol

Edited October 31, 2023 by Nbc16

[Dana.L 12]

6 minutes ago, Nbc16 said:

Hi! I have been emailing and everything! Also filed WOM in september and waiting to hear this week about it but noticing how they have been dismissing them so i’m bracing for the worse.. We have been in AP since may. We also have a consultation booked to talk about the aos route.

 

Thank you for the info ! It’s hard to prove a state of mind lol

Okay good! Please let me know how your WOM goes, I will keep my fingers crossed for you . 

I know this is a stressful time but you and baby come first! Do what feels right ❤️ 
Congradulations on the pregnancy, what an exciting time for you both! I hope that you get to spend it together. 

[Nbc16 3]

Just now, Dana.L said:

Okay good! Please let me know how your WOM goes, I will keep my fingers crossed for you . 

I know this is a stressful time but you and baby come first! Do what feels right ❤️ 
Congradulations on the pregnancy, what an exciting time for you both! I hope that you get to spend it together. 

Thank you so much Dana, you’re very kind! Wishing you hear back soon 🙏🏽❤️ Will definitely update about the WOM, this is the last week they have to respond. 

[mam521 2,062]

1 hour ago, Nbc16 said:

Also filed WOM in september and waiting to hear this week about it but noticing how they have been dismissing them so i’m bracing for the worse..

If your interview was ages ago, your WOM may not get dismissed the same way recent ones have.  Many people have been filing them right at 90 days and I don't think the Consulate is loving that...

 

Were you put in AP or were you given a DS-5535? What was missing if it was AP?

[Nbc16 3]

Just now, mam521 said:

If your interview was ages ago, your WOM may not get dismissed the same way recent ones have.  Many people have been filing them right at 90 days and I don't think the Consulate is loving that...

 

Were you put in AP or were you given a DS-5535? What was missing if it was AP?

It was a DS-5535 early may! We filed around 135 days later.. hoping they won’t dismiss but we’ll see this week!

[mam521 2,062]

2 minutes ago, Nbc16 said:

It was a DS-5535 early may! We filed around 135 days later.. hoping they won’t dismiss but we’ll see this week!

Fingers crossed for you!  Regardless, you'll have a way forward.  If it's a new medical and a visa or if it's AOS, you have a plan!

 

[Nbc16 3]

1 minute ago, mam521 said:

Fingers crossed for you!  Regardless, you'll have a way forward.  If it's a new medical and a visa or if it's AOS, you have a plan!

 

Thank you so much wishing the same to everyone in the same situation 🙏🏽

[mam521 2,062]

Just now, Nbc16 said:

Thank you so much wishing the same to everyone in the same situation 🙏🏽

Once you figure it out, fill out your timeline  https://www.visajourney.com/timeline/profile.php?id=450222 

 

It'll help the people here better answer your questions.  

[Nbc16 3]

1 minute ago, mam521 said:

Once you figure it out, fill out your timeline  https://www.visajourney.com/timeline/profile.php?id=450222 

 

It'll help the people here better answer your questions.  

Absolutely !!