Hi everyone,
I'm Justin from The Netherlands, currently in the US on a ESTA (VWP) to visit my girlfriend. We just filed for the K-1 Fiance visa on April 1st and got our confirmation back about a week ago that it has been received by the USCIS. After dating for 1,5 year and going through many challenges with traveling back and forth, we decided we really want to marry asap now while I'm on this trip. We teamed up with Boundless (a lawyer-support program). They advised us to go for the K1 visa since the processing time is only 6 months. After filing for the K1 we suddenly got updates that there's been a run on K1 visas and the processing time has gone back to a minimum of 15-19 months. Since we are Christians, it's starting to become really difficult to wait any longer after already 1.5 years of waiting. Therefore, we got kinda freaked out by the fact that it could take another 1.5 years and then after that we still need to plan a wedding, etc. So we are currently considering changing our whole plan and going for AOS, but it seems difficult to find good information about the possibilities of AOS. Some say you have to overstay, get married and then file AOS. Others say you have to do it in your 90 days of your tourist visa. On this trip, I came in on the intention of just visiting my girlfriend and to get engaged by the end of the trip (I'll ask her next week :)), and just enjoying our time together here in the US. While we're here we decided to take this to the next step, so I don't think it's visa fraud? Can someone please help me and advice how to go forward with this? Is it an option to withdraw a K1 visa, overstay on the ESTA, plan a wedding for in the summer and apply for AOS right after? What are the risks? My dad in Holland is getting older and I do need to be able to travel back once I have my travel permit/green card. I could easily wait for about a year and a half without traveling, that's no problem for me. Me and my girlfriend just want to be together and get married now.
Another good thing to know is that we can't marry and stay in Holland, my country, since you have to be 21 to be able to live in a Holland as a foreign outside of Europe fiance(e). So we are kinda left with no choice. We have to live here. Also good to know is that we're at the end of my 3 month trip. On May 15 I have a return flight to Holland and my esta expires in June. So I have to make final decisions really soon.
Can someone please advice me since I'm so stressed and have terrible anxiety about how to go forward? Is there a risk they won't approve the AOS since I'll overstay for example? And does that mean I will get deported or will never be able to travel back to Europe again?
Thanks so much for your help everyone. Appreciate it!