Multiple lawyers suggested AOS for my fiancé while she's visiting under ESTA

[Jabberwocky]

I've consulted with two lawyers on my current situation with my current fiancée, and I have some apprehensions with the advice they've both given me. They both suggested marrying in the US while she's here on an ESTA and filing for adjustment of status, even with the new 90 day rule that was put in place late last year. We were considering going the K1 route, but one lawyer said he's been seeing K1 acceptance rates drop under the current administration, which scares us. The thought of her possibly being barred entry from the US for life scares me more though.

One lawyer is willing to help us file for AOS because she didn't enter the US with the intent of marrying. It wasn't until about a month or two into her stay that I proposed to her and we started making long term plans.

I'm afraid of being able to provide enough evidence that would refute that it wasn't fraud though. She doesn't have any physical evidence of ties back to her home country, like a lease or a letter from her employer saying she was expected back home. She was simply visiting the US for a short time before planning her life back home. She does have strong family ties back home and she comes from a very low fraud country. She arguably would be downgrading by migrating to this country.

Should I believe these lawyers when they say this is a very simple case for them that will more than likely pass through?

[4EVER]

I've consulted with two lawyers on my current situation with my current fiancée, and I have some apprehensions with the advice they've both given me. They both suggested marrying in the US while she's here on an ESTA and filing for adjustment of status, even with the new 90 day rule that was put in place late last year. We were considering going the K1 route, but one lawyer said he's been seeing K1 acceptance rates drop under the current administration, which scares us. The thought of her possibly being barred entry from the US for life scares me more though.

One lawyer is willing to help us file for AOS because she didn't enter the US with the intent of marrying, she entered with the intent to visit some friends she made in the US while playing video games online. It wasn't until about a month or two into her stay that I proposed to her and we started making long term plans.

I'm afraid of being able to provide enough evidence that would refute that it wasn't fraud though. She didn't have a job back home or a lease. She was still living with her Mom and planned on applying for school once she got back, but hadn't yet so she didn't have an acceptance letter. She doesn't have any physical evidence of ties back to her home country. The only saving grace, which the lawyer touched on, is that she has strong family ties back home, which she would receive letters from, and she comes from a very low fraud country. She arguably comes from a better country than the US. She would be downgrading by coming here, but she's coming over because I have a degree I need to finish over the next couple of years. We would start saving up enough money for me to immigrate to her country after that finished.

Should I believe these lawyers when they say this is a very simple case for them that will more than likely pass through?

Personally, I'd go for AOS. Since she's already in the US, get married and file AOS. USCIS will only care about one thing: Is it a REAL, didn't-marry-for-green-card marriage? If your answer is YES, then all you need to do is prove it.

I came with a tourist visa last year, sole purpose was to care for my dying father, who passed away the same year. After a few months, my USC boyfriend proposed to me and we got married. Since I'm already in the US, we filed for AOS. Come AOS interview time, my husband and I can and will prove that our marriage is real.

[inadmissible]

Alien entered without inspection? Apparently yes
Alien gained admission as a non-immigrant without having immigrant intent? Apparently yes
Alien planning to marry a US citizen? Apparently yes
Alien has no criminal record or history of violating US immigration laws? Presumably so

This is a very simple & straightforward adjustment of status case

[UScitizenFilingforspouse]

I've consulted with two lawyers on my current situation with my current fiancée, and I have some apprehensions with the advice they've both given me. They both suggested marrying in the US while she's here on an ESTA and filing for adjustment of status, even with the new 90 day rule that was put in place late last year. We were considering going the K1 route, but one lawyer said he's been seeing K1 acceptance rates drop under the current administration, which scares us. The thought of her possibly being barred entry from the US for life scares me more though.

One lawyer is willing to help us file for AOS because she didn't enter the US with the intent of marrying. It wasn't until about a month or two into her stay that I proposed to her and we started making long term plans.

I'm afraid of being able to provide enough evidence that would refute that it wasn't fraud though. She doesn't have any physical evidence of ties back to her home country, like a lease or a letter from her employer saying she was expected back home. She was simply visiting the US for a short time before planning her life back home. She does have strong family ties back home and she comes from a very low fraud country. She arguably would be downgrading by migrating to this country.

Should I believe these lawyers when they say this is a very simple case for them that will more than likely pass through?

Every case is different. You have to take comments about k-1 acceptance rates dropping under current administration with a grain of salt. It sounds to me like either way, this would be straightforward case. I think it comes down to what you two want to do. I'd say crunch some numbers and see what's viable. Then, if both options are viable, you have to consider whether you are willing to be apart for however long the process takes.
I've read of k-1 visa applicant's forms being misplaced or at least, not readily accounted for at the NCV. While that's not the norm, should that happen when filing for AOS, your fiance/wife would be here. If the case is delayed, your wife would still be going to bed with you that night.
We considered k-1 vs. k-3 vs. Adjustment of status. At the end of the day, we just wanted our life to start. I wouldn't worry about having to refute that your case is fraud. Why would it even get to that point? (Maybe I am not understanding all the background you provided here). In my humble opinion, if she is already here and you two already know you want to get married, AOS is just more practical. Going the k-1 route just adds layers of additional hoops to get to end goal of marriage, when you could just walk down to city hall and get married. Legally, you can do more for her as your wife than as your fiancée. You can add her to your health and life insurance, etc. You can afford her little protection or benefits as your fiancee. Her right to be in the US is also greater as your wife than as your fiancée.
Those are my humble two cents. That's why we went the AOS route.

Best of luck!

[krypton9591]

I've consulted with two lawyers on my current situation with my current fiancée, and I have some apprehensions with the advice they've both given me. They both suggested marrying in the US while she's here on an ESTA and filing for adjustment of status, even with the new 90 day rule that was put in place late last year. We were considering going the K1 route, but one lawyer said he's been seeing K1 acceptance rates drop under the current administration, which scares us. The thought of her possibly being barred entry from the US for life scares me more though.

One lawyer is willing to help us file for AOS because she didn't enter the US with the intent of marrying. It wasn't until about a month or two into her stay that I proposed to her and we started making long term plans.

I'm afraid of being able to provide enough evidence that would refute that it wasn't fraud though. She doesn't have any physical evidence of ties back to her home country, like a lease or a letter from her employer saying she was expected back home. She was simply visiting the US for a short time before planning her life back home. She does have strong family ties back home and she comes from a very low fraud country. She arguably would be downgrading by migrating to this country.

Should I believe these lawyers when they say this is a very simple case for them that will more than likely pass through?

First off how long have you known each other? be prepared to answer this because the officer will more than likely(as with any marriage based AOS case) want evidence that the marriage is real and not just so your fiance can get a permanent residency. Also what are you comfortable with? if you are comfortable going down to a court house, and getting married and then filing AOS then go for it. but if you feel like it would be better for your situation to file for a K1 then go for that instead. I had a good friend recently marry her fiance who came over on a K1, and it took them about 6 months for the visa to be approved but once it was approved it was smooth sailing from there. Do whatever you feel is best. but the attorney's are correct in that you can definitely file AOS now after getting married without the visa if you would like. Best Wishes and Good Luck.

[Jabberwocky]

Every case is different. You have to take comments about k-1 acceptance rates dropping under current administration with a grain of salt. It sounds to me like either way, this would be straightforward case. I think it comes down to what you two want to do. I'd say crunch some numbers and see what's viable. Then, if both options are viable, you have to consider whether you are willing to be apart for however long the process takes.
I've read of k-1 visa applicant's forms being misplaced or at least, not readily accounted for at the NCV. While that's not the norm, should that happen when filing for AOS, your fiance/wife would be here. If the case is delayed, your wife would still be going to bed with you that night.
We considered k-1 vs. k-3 vs. Adjustment of status. At the end of the day, we just wanted our life to start. I wouldn't worry about having to refute that your case is fraud. Why would it even get to that point? (Maybe I am not understanding all the background you provided here). In my humble opinion, if she is already here and you two already know you want to get married, AOS is just more practical. Going the k-1 route just adds layers of additional hoops to get to end goal of marriage, when you could just walk down to city hall and get married. Legally, you can do more for her as your wife than as your fiancée. You can add her to your health and life insurance, etc. You can afford her little protection or benefits as your fiancee. Her right to be in the US is also greater as your wife than as your fiancée.
Those are my humble two cents. That's why we went the AOS route.

Best of luck!

The only reason I bring up the fraud possibility is because of the change to the 30/60/90 day rule to the 90 day rule: https://www.soundimmigration.com/new...t-90-day-rule/

In her case, she's here on an ESTA/VWP program, which is valid for 90 days. According to the ruling mentioned in the article, filing at any moment for adjustment of status or marrying within the ESTA/VWP limits can be presumed as fraudulent. We have evidence stating that it was not our intent to marry when she entered the US, but the possibility is still there. The lawyers we talked to seemed very confident that it wouldn't happen based on our specific case and evidence, but having the possibility of being banned from the USA for life is a heavy burden to carry.

I would rather marry her here and have her stay, but I don't want to take that route if it means she would never be able to come to the US again.

[scientist2016]

The only reason I bring up the fraud possibility is because of the change to the 30/60/90 day rule to the 90 day rule: https://www.soundimmigration.com/new...t-90-day-rule/

In her case, she's here on an ESTA/VWP program, which is valid for 90 days. According to the ruling mentioned in the article, filing at any moment for adjustment of status or marrying within the ESTA/VWP limits can be presumed as fraudulent. We have evidence stating that it was not our intent to marry when she entered the US, but the possibility is still there. The lawyers we talked to seemed very confident that it wouldn't happen based on our specific case and evidence, but having the possibility of being banned from the USA for life is a heavy burden to carry.

I would rather marry her here and have her stay, but I don't want to take that route if it means she would never be able to come to the US again.

Two things: There is no such thing as the 90 day rule. That is a guidance to the department of state, while AOS petitions are handles by USCIS, completely different entities. The fact of the matter is: People routinely file for AOS exactly in the way your lawyers suggested. So very straightforward there.
Secondly, as long as you are a US citizen (I am assuming yes here), it does not matter. For the AOS petition of the spouse of a US citizen, the only requirements are: Marriage is legitimate, and the beneficiary entered the US with inspection (which is true here, since the person entered using ESTA). So go ahead and do the AOS. It is a very straight forward case.

[UScitizenFilingforspouse]

The only reason I bring up the fraud possibility is because of the change to the 30/60/90 day rule to the 90 day rule: https://www.soundimmigration.com/new...t-90-day-rule/

In her case, she's here on an ESTA/VWP program, which is valid for 90 days. According to the ruling mentioned in the article, filing at any moment for adjustment of status or marrying within the ESTA/VWP limits can be presumed as fraudulent. We have evidence stating that it was not our intent to marry when she entered the US, but the possibility is still there. The lawyers we talked to seemed very confident that it wouldn't happen based on our specific case and evidence, but having the possibility of being banned from the USA for life is a heavy burden to carry.

I would rather marry her here and have her stay, but I don't want to take that route if it means she would never be able to come to the US again.

I get it. If you take the AOS route, you could just wait until day 91 or 92 to get married; just to be extra safe. Then file for AOS.