Thank you, J.
On this website, I do not always get to give good news, and I am afraid that this is one of these times.
When someone enters on a visitor visa, they should not have "dual intent." Dual intent means that one intends to stay in the US as an immigrant. A student visa does not allow dual intent. This is an important doctrine.
If it is thought that you had dual intent at the time that they are applying for a VWP (ESTA),adjustment request based on marriage filed from within the USA may be denied (in other words, USIS does not want you to enter on VWP/ESTA just to avoid having to wait for a fiance visa).
There is a presumption that one has dual intent already, under INA 214(b), 8 U.S.C. 1184(b).
The applicant would have to show otherwise. While often this is overlooked especially if it has been 60+ days before you get married and file from the USA, in your case
, this is hard to do is a fiance visa has ALREADY been filed.
In other words, when it comes down to it, if you get married and file from within the USA, it may be denied, I am afraid. At this point, your best options would be to:
1) Get married, but then go back and have your fiance scrap the K1 visa and file for you as a spouse using the I-130 (6 months wait); or
2) Not get married, and simply return on the K1 visa when it is ready and follow though this way with a I-130/I-485
package to adjust your status once married.
I hope this clarifies. Please note: I aim to give you genuine
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