Coronavirus K1 question - approved at interview - waiting for passport

[Charlie00 2]

Hello all,

As I posted in another thread, I'm (not so) patiently waiting for my Australian passport to be returned from the US Consulate in Sydney. 😬 It'll be 3 weeks since my interview in 2 days - so really it should be any day now.

 

I'm interested in opinions on what would be the implications on me travelling to the US on another passport (I'm a dual-citizen) before I receive my AU passport back with visa from the Consulate. Obviously I wouldn't be entering the US on my K1 visa? I currently have a valid ESTA and I have Global Entry through my other passport/citizenship. 

 

I'm just getting concered about President Trump announcing further travel restrictions - namely from Australia. Our wedding is scheduled for the end of this month. 

 

Thanks

C

Edited March 15, 2020 by Charlie00

[callieallie87 7]

2 hours ago, Charlie00 said:

Hello all,

As I posted in another thread, I'm (not so) patiently waiting for my Australian passport to be returned from the US Consulate in Sydney. 😬 It'll be 3 weeks since my interview in 2 days - so really it should be any day now.

 

I'm interested in opinions on what would be the implications on me travelling to the US on another passport (I'm a dual-citizen) before I receive my AU passport back with visa from the Consulate. Obviously I wouldn't be entering the US on my K1 visa? I currently have a valid ESTA and I have Global Entry through my other passport/citizenship. 

 

I'm just getting concered about President Trump announcing further travel restrictions - namely from Australia. Our wedding is scheduled for the end of this month. 

 

Thanks

C

I'm surprised you haven't got it back yet... My fiancé's interview was on March 2nd and he got his back a few days later.

I'm dealing with the same concerns about restrictions because my fiancé can't travel until towards the end of April and our wedding it planned for June. 
I think the implications could be bad when you go to adjust your status... especially since you'd be entering with the intent of getting married.  Technically, if you get married in the US and aren't on a K-1, I believe you're supposed to leave and then file an I-130.
The K-1 AOS instructions require the I-94 as part of the evidence which would show that you didn't use your K-1 to enter: https://www.uscis.gov/sites/default/files/files/form/i-485instr-pc.pdf

[SalishSea 17,693]

2 hours ago, Charlie00 said:

Hello all,

As I posted in another thread, I'm (not so) patiently waiting for my Australian passport to be returned from the US Consulate in Sydney. 😬 It'll be 3 weeks since my interview in 2 days - so really it should be any day now.

 

I'm interested in opinions on what would be the implications on me travelling to the US on another passport (I'm a dual-citizen) before I receive my AU passport back with visa from the Consulate. Obviously I wouldn't be entering the US on my K1 visa? I currently have a valid ESTA and I have Global Entry through my other passport/citizenship. 

 

I'm just getting concered about President Trump announcing further travel restrictions - namely from Australia. Our wedding is scheduled for the end of this month. 

 

Thanks

C

Are you in administrative processing?  What does your CEAC status say?

 

You can certainly try to come to the US on a different passport, but it would obviously not have anything to do with a US K-1 visa.

Just now, Jorgedig said:

Our wedding is scheduled for the end of this month. 

Yeah, scheduled weddings and K-1 don't always work out due to the uncertainty of the timing.

[Charlie00 2]

5 minutes ago, Jorgedig said:

Are you in administrative processing?  What does your CEAC status say?

CEAC status still says Ready (for interview). The last updated date is Friday 13th March, so at least someone has looked at something. If we are in administrative processing then no one has told us. At the interview I was told we were being recommended for approval.

[Charlie00 2]

15 minutes ago, callieallie87 said:

I'm surprised you haven't got it back yet... My fiancé's interview was on March 2nd and he got his back a few days later.

That's good news - I remember looking at similar timelines to mine and noticed your timeline update  

Fingers crossed it's all OK when he's ready to travel to the US

[JFH 12,189]

8 hours ago, Charlie00 said:

CEAC status still says Ready (for interview). The last updated date is Friday 13th March, so at least someone has looked at something. If we are in administrative processing then no one has told us. At the interview I was told we were being recommended for approval.

Every case goes through AP after the interview. For the vast majority of people it’s just a day or two whilst final checks are done and all the Ts are crossed and Is are dotted. Extended AP that lasts weeks, months, years, is rare but does happen. 

[JFH 12,189]

10 hours ago, Charlie00 said:

 

Our wedding is scheduled for the end of this month. 

If you are going to get married whilst visiting on another passport you would then need to apply for a CR-1 to immigrate. You cannot use your K-1 to come back after the visit. 

[Zoeeeeeee 797]

The officer at passport control will also be able to see that you've applied for  K1 (which is fine, I visited several times on by B1 visa whilst awaiting my K1)...however, if they can also see what stage your visa is at, which presumably they can, surely that would raise some suspicions that you're not just waiting for it...if I was the officer I'd definitely be asking why you're travelling now, when it's dangerous to do so and your immigrant visa is due to be sent any day...and what would you say to that? I just think it sounds fairly obvious what your plans would be and I'd expect a denial...

[Zoeeeeeee 797]

Also, my understanding is that most venues are being accommodating re rearranging wedding/event dates etc, due to the virus (in fact, many are recommending/insisting on it) - so why not move the wedding back if needed?

[Mike E 11,739]

14 hours ago, Charlie00 said:

I'm interested in opinions on what would be the implications on me travelling to the US on another passport (I'm a dual-citizen) before I receive my AU passport back with visa from the Consulate. Obviously I wouldn't be entering the US on my K1 visa?

Correct since your K-1 visa won’t be in your passport you will not be entering on your K-1 visa.  
 

Quote

 

I currently have a valid ESTA and I have Global Entry through my other passport/citizenship. 

If your plan is to enter the USA on your other passport, get married, and stay, then I see lots of problems:

 

* The US-CBP Officer you meet in passport control will likely know you are the same Charlie00 who has an Australian passport sitting in a USA consulate in Australia.  So the officer will suspect you intend to immigrate.  Worst case outcome for you: denial of entry, cancellation of your K-1 visa, and a ban from the USA. 
 

* You manage to get through passport control, get married, and attempt to adjust status.  Worse case outcome for you: denial on the basis of intending to immigrate, deportation, and a ban from the USA.  
 

Meanwhile your Australian passport is sitting in the USA consulate.  Meaning you will have difficulty getting back to Australia.  You might get a replacement Australian passport. And that might be the last one Australia ever gives you since it appears your intent was to abandon it at the USA consulate.  Which by the way might eventually punch hole the word “void” through the entire thing.  
 

Instead you might be deported to your other country.  Extended time in an ICE facility where contracting COVID-19 might be more likely and treatment less likely is another possibility.  

 

Now a bunch of other non attorneys will quibble on a few of my points here and there and they might be right.  The overall essence of what I wrote is likely valid.
 

Your plan seems rather desperate and unnecessary to me. Australia is a highly advanced country, even more so than the USA as measured by the Human Development Index and your best bet is to wait this out.
 

 By the time you get your visa you might not even want to come here.  The store shelves are starting to be thinned out and not just toilet paper, sanitizer, and cough medicines.  Now we are seeing food, skin care, and weapons selling out.  
 

As for your planned wedding date ...  you should not have booked a venue when applying for a K-1.  You book a venue only after you’ve landed in the USA.  If you are contemplating this because you will lose a venue deposit that is a poor reason.  Besides which by the time your planned date arrives the local county or city government will have ordered the venue to cancel your event.   

Edited March 15, 2020 by Mike E

[Jazii 30]

On 3/15/2020 at 12:16 PM, Charlie00 said:

Hello all,

As I posted in another thread, I'm (not so) patiently waiting for my Australian passport to be returned from the US Consulate in Sydney. 😬 It'll be 3 weeks since my interview in 2 days - so really it should be any day now.

 

I'm interested in opinions on what would be the implications on me travelling to the US on another passport (I'm a dual-citizen) before I receive my AU passport back with visa from the Consulate. Obviously I wouldn't be entering the US on my K1 visa? I currently have a valid ESTA and I have Global Entry through my other passport/citizenship. 

 

I'm just getting concered about President Trump announcing further travel restrictions - namely from Australia. Our wedding is scheduled for the end of this month. 

 

Thanks

C

I have read the following message on the website of US consulate sydney...they have not clearly mentioned like other consulates around tge world if they have only stopped processing future immigrants interviews or they have stopped processing all the immigrant cases(like cases already done with the interviews nd waiting 4 passport to get back) . The message is following-: 

 

The U.S. Mission to Australia will limit its operations as of March 17, 2020, in response to the global COVID-19 pandemic. Emergency services for U.S. citizens and emergency visa processing will continue to be available, and mail-in cases will still be processed.

On 3/15/2020 at 2:47 PM, Charlie00 said:

CEAC status still says Ready (for interview). The last updated date is Friday 13th March, so at least someone has looked at something. If we are in administrative processing then no one has told us. At the interview I was told we were being recommended for approval.

I have read the following message on the website of US consulate sydney...they have not clearly mentioned like other consulates around tge world if they have only stopped processing future immigrants interviews or they have stopped processing all the immigrant cases(like cases already done with the interviews nd waiting 4 passport to get back) . The message is following-: 

 

The U.S. Mission to Australia will limit its operations as of March 17, 2020, in response to the global COVID-19 pandemic. Emergency services for U.S. citizens and emergency visa processing will continue to be available, and mail-in cases will still be processed.

Edited March 17, 2020 by Jazii