Alex

Is it possible to AOS from tourist visa if a k1 has already been
filed? My fiancee has entered the country (they didn't ask any
questions at border) and now we're thinking of marrying and filing for
AOS because the k1 is taking so long (receipt in mid July, still
waiting for 2nd NOA).

Advice would be greatingly appreciated.

Thanks,
Alex

Christina

Hi Alex,

My husband and I did just as you are thinking. He filed the K-1 in
May, 2001. I entered as a tourist from Canada and planned on going
back for my visa interview. We received an RFE in July, which further
delayed us.....and then 9-11 happened and after being in the country
for over 60 days, we decided to get married on Sept. 22/01.
Ironically, after we got married, we received our K-1 approval dated
for the day before our marriage. He immediately sent a letter to the
service center requesting that his K-1 application be withdrawn. I
filed for AOS 3 days after marrying and received my AOS interview in
March, 2002. I received my Alien Card in July, 2002. I adjusted as a
tourist with no problems or complications other than the stress of
filing paperwork etc. If your fiance entered the country cleanly, has
no criminal record or health problems, it can be done. Check out the
Doc Steen site on Tourist Adjustment. Good luck!
Chris