Q: Dropping pending K1 visa and getting married in the US instead, then filing for AOS
I am a German citizen currently visiting my US citizen fiancé here in the US on a ESTA tourist visa. We have a pending K1 fiancé visa case that is sitting at the NVC and not being processed due to a closed embassy. We want to drop the pending K1 and get married here in the US while I’m staying here. We have proof that I did not intend to stay beforehand (return flight ticket, enrollment in current semester at a German university, work contract from my current workplace) and planned on leaving after two weeks but now decided to get married. We are unsure if we’ll run into problems because of the pending K1 that we would cancel and want to know if we are allowed to get married under these circumstances and then file for an adjustment of status and how long we should wait to get married.
A: you should work with an attorney to navigate any red flags that come up in your case. Counsel in any state can represent you.
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