Coronavirus and currently visiting in the US (K1 Approvdd)

[Sinead91 249]

2 hours ago, JFH said:

The K-1 has already been issued? You mentioned it has been approved. When you arrived did they record your arrival as a K-1 or VWP arrival? What does your I-94 say?

My NOA2 approval was issued only a few days before I arrived here still have the rest of the process to go ahead with 

[SalishSea 17,835]

1 minute ago, Sinead91 said:

My NOA2 approval was issued only a few days before I arrived here still have the rest of the process to go ahead with 

Ah, so what you meant was that your petition was approved, not the K-1 visa.  

[JFH 12,190]

Oh the petition was approved, not the K-1. Well that gets over the issue of whether they admitted you as a K-1 or not. 

[Quarknase 1,072]

1 hour ago, Sinead91 said:

My NOA2 approval was issued only a few days before I arrived here still have the rest of the process to go ahead with 

Would staying, get married and adjust status be an option for you as others suggested?

[Sinead91 249]

Just now, Quarknase said:

Would staying, get married and adjust status be an option for you as others suggested?

Sure it would. Again, we're in a good situation here where he has a good job. But I don't know if I woild run into issues with doing it... I would have to cancel my k1 right? 

 

Does it seem viable or is it riskier and better to go home and extend the NOA2 if it continues longer? 

 

Sorry for not clarifying it was my NOA2 in the title! 

[Quarknase 1,072]

Just now, Sinead91 said:

Sure it would. Again, we're in a good situation here where he has a good job. But I don't know if I woild run into issues with doing it... I would have to cancel my k1 right? 

 

Does it seem viable or is it riskier and better to go home and extend the NOA2 if it continues longer? 

 

Sorry for not clarifying it was my NOA2 in the title! 

The folks that advised on staying and adjust, if you can, are experienced members here and usually have very sound advise.

You can clearly reason and explain that staying to adjust was NOT your intend when you entered the country, and that's the only thing that counts.

I would just get married and file within the 90 day mark of your stay, that you don't have illegal overstay. It would be forgiven to a spouse of a USC, but why risk being deportable if it can be avoided.

 

Just make sure to check which documents you need to get married and to file for adjustment, and see if someone can mail them over to you from home

 

Others might have additional tips, but these are the things I could think of.

 

 

[Mike E 11,739]

1 hour ago, Sinead91 said:

My NOA2 approval was issued only a few days before I arrived here still have the rest of the process to go ahead with 

Your I-129F was approved not your K-1.  
 

I would be inclined, after getting advice from a competent immigration attorney, to get married while you are here, and file to adjust status.  COVID-19 changes everything.  

[Sinead91 249]

Right. So.

 

Even with an approved K1 visa, it would not be illegal to marry now? One could cancel the petition and remain, marry and adjust status? Just so I'm 100% clear. I would hate to marry here and then ruin everything and risk problems ahead. 

 

My flight home is Tuesday so it's not like I have a lot of time to make the decision.. 

[Boiler 45,525]

Not a problem.

[Crazy Cat 41,886]

1 minute ago, Sinead91 said:

Right. So.

 

Even with an approved K1 visa, it would not be illegal to marry now? One could cancel the petition and remain, marry and adjust status? Just so I'm 100% clear. I would hate to marry here and then ruin everything and risk problems ahead. 

 

My flight home is Tuesday so it's not like I have a lot of time to make the decision.. 

If you are inside the US right now, you can marry and adjust status.....

[payxibka 10,045]

4 minutes ago, Sinead91 said:

Right. So.

 

Even with an approved K1 visa, it would not be illegal to marry now?

Somebody with an approved k1 visa in there passport would have entered as a k1

[Sinead91 249]

1 minute ago, payxibka said:

Somebody with an approved k1 visa in there passport would have entered as a k1

Sorry sorry. It's early, I meant to type petition 🙄🙄🙄🙄🙄 I just can't type 

[caitlinrose88 6]

On 3/14/2020 at 8:00 PM, Mike E said:

Your I-129F was approved not your K-1.  
 

I would be inclined, after getting advice from a competent immigration attorney, to get married while you are here, and file to adjust status.  COVID-19 changes everything.  

I feel like I have to clarify. 
 

My fiancé and I are in a similar situation. He is also Irish but he is living in Vancouver on a work permit. Our I-129f has been approved, and we were waiting for an interview at the Montreal embassy. He is currently in the US visiting me and Canada is closing the border on Wednesday to anyone except Americans, Canadians, and permanent residents (of which he is none of those). 
 

Are you guys saying that marrying now and adjusting status would be legal? He did not come into the US with the intent of marrying me of course. He is here on the VWP for up to 90 days. If we were to get married now and adjust, would he be able to stay in the States while waiting for the adjustment? Sorry for all the questions and for hijacking this thread. I’m just so surprised that this could be an option? Thanks in advance for any help. 

Edited March 16, 2020 by caitlinrose88

[Boiler 45,525]

Of course you can marry and adjust, as you are doing the K1 anyway the wait period for EAD and AP are not dissimilar. The NoA shows that he is a pseudo status pending adjustment, not dissimilar to the K1 route.

[geowrian 22,337]

No issue marrying and doing AOS with the change in circumstances since entry.

Once the I-485 is filed, he will have a period of authorized stay while the case is pending.

I'm assuming he has already discussed (or will do soon) the issue with his Canadian employer so they don't expect him back, if he goes that route.