Need advice: Is it possible to withdraw a K1 and go for AOS?

[Crazy Cat 41,594]

40 minutes ago, Rachel n Tyler said:

I personally wouldn't do it.  If your AOS gets denied, you're back to square 1. You'll have to return, I don't know how many issues it can create for future visa's etc, but there's a chance it might. And if it takes long, it might cause the wait for the K3 visa to skyrocket. For all you know it can go to 2-3 years.. It's all 'if' 'if'. But me personally, fellow Dutchie hello, I applied in January, and I'm likely getting my next step in June/July, which will probably result me in moving end of the year. 

If the OP returns to home country before marriage, he/she still has to adjust status upon returning as a K-1 visa holder.  Then, the OP must wait for a Green Card (6 months to a year after entry).

If the OP marries, then returns home, the couple must start the spousal visa process.  That can take 18 months to 2 years or so.

If OP marries, then immediately applies for Adjustment of Status, then he/she will obtain a Green Card in 6-12 months (likely).  This is the fastest route to a Green Card under the current circumstances.  I see no reason to think the adjustment of status will be denied.

 

Personally, I think adjusting status is a good, viable route since OP is already inside the US.

Edited April 26 by Crazy Cat

[Rachel n Tyler 30]

1 minute ago, Crazy Cat said:

If the OP returns to home country before marriage, he/she still has to adjust status upon returning as a K-1 visa holder.  Then, the OP must wait for a Green Card (6 months to a year after entry).

If the OP marries, then returns home, the couple must start the spousal visa process.  That can take 18 months to 2 years or so.

If OP marries, then immediately applies for Adjustment of Status, then he/she will obtain a Green Card in 6-12 months (likely).  This is the fastest route to a Green Card under the current circumstances.  I see no reason to think the adjustment of status will be denied.

 

Personally, I think adjusting status is a viable route since OP is already inside the US.

Without knowing the full status about OPs story, I still wanted to mention the ifs, the possiblities just incase it does happen. There might be things that can cause the AOS to be denied that OP isn't disclosing. I understand wanting to speed things up, but I always want to know the full picture and the worst case scenarios in my case

[Crazy Cat 41,594]

5 minutes ago, Rachel n Tyler said:

There might be things that can cause the AOS to be denied that OP isn't disclosing.

Those same things could cause a K-1 to be denied.  It appears this is a straight forward adjustment of status case.   We can only advise based on what any OP tells us.  With what we know, I see no issues,

Edited April 26 by Crazy Cat

[Rachel n Tyler 30]

2 minutes ago, Crazy Cat said:

Those same things would likely cause a K-1 to be denied. 

Very true!

[Crazy Cat 41,594]

2 hours ago, justin9696 said:

And just overstay on the trip

Once you file a proper I-485, you will be granted authorized stay in the US until the I-485 is processed.  "Authorized Stay" is not a legal status, but it prevents accrual of unlawful presence. You are in a limbo status.  You will be "out of Status", but in "authorized stay".

 

Maintenance of Status - Reddy Neumann Brown PC (rnlawgroup.com)

[justin9696 0]

41 minutes ago, Crazy Cat said:

Once you file a proper I-485, you will be granted authorized stay in the US until the I-485 is processed.  "Authorized Stay" is not a legal status, but it prevents accrual of unlawful presence. You are in a limbo status.  You will be "out of Status", but in "authorized stay".

 

Maintenance of Status - Reddy Neumann Brown PC (rnlawgroup.com)

Crazy Cat I love your feedback and it's really helpful. Thank you so much!

This is comforting to know.

We want to schedule the wedding in September. My esta will expire early June. Does that mean that I'll be illegal in the country for about 3/4 months? Am I correct? And does this have any risks involved? Or is that okay as soon as I end up marrying my fiancée in September and apply for adjustment of status right after?

Thanks so much!! Really appreciate all the help.

[Crazy Cat 41,594]

4 minutes ago, justin9696 said:

Crazy Cat I love your feedback and it's really helpful. Thank you so much!

This is comforting to know.

We want to schedule the wedding in September. My esta will expire early June. Does that mean that I'll be illegal in the country for about 3/4 months? Am I correct? And does this have any risks involved? Or is that okay as soon as I end up marrying my fiancée in September and apply for adjustment of status right after?

Thanks so much!! Really appreciate all the help.

I would NOT wait until September.  I would marry now, and submit the Adjustment of Status package BEFORE the expiration of your current stay.,,,,before the date in early June.  Once your current I-94 expires, you will be removable....until you file the I-485.  There are no benefits in waiting.  Here is the guide you need:

 

 

Edited April 26 by Crazy Cat

[MarJhi 930]

3 hours ago, justin9696 said:

She can visit me only 3 months every 6 months

Consider yourself lucky. Due to the covid nonsense and the travel restrictions involved my fiancé (now wife) and I didn't see each other in person for 3 years. Problems are never as big as they seem, it will all work out in the end.

[SalishSea 17,736]

8 hours ago, justin9696 said:

With the Christian context I mean that traveling back and forth right now could cause danger while we're still dating and not married since we're already dating for 1.5 year.

That makes no sense.

[SalishSea 17,736]

4 hours ago, justin9696 said:

Crazy Cat I love your feedback and it's really helpful. Thank you so much!

This is comforting to know.

We want to schedule the wedding in September. My esta will expire early June. Does that mean that I'll be illegal in the country for about 3/4 months? Am I correct? And does this have any risks involved? Or is that okay as soon as I end up marrying my fiancée in September and apply for adjustment of status right after?

Thanks so much!! Really appreciate all the help.

Why in the world would you willingly choose to be here illegally???

[Rachel n Tyler 30]

12 hours ago, justin9696 said:

Crazy Cat I love your feedback and it's really helpful. Thank you so much!

This is comforting to know.

We want to schedule the wedding in September. My esta will expire early June. Does that mean that I'll be illegal in the country for about 3/4 months? Am I correct? And does this have any risks involved? Or is that okay as soon as I end up marrying my fiancée in September and apply for adjustment of status right after?

Thanks so much!! Really appreciate all the help.

If they catch you over staying you can be banned for I think 5 years. Do not overstay.

[Crazy Cat 41,594]

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