currently visiting in the US (split)

[JonathanDowning 3]

Hey there! 
 

It’s my first post on this brilliant website. 
 

I am in a very similar situation as Sinead except I entered on Oct 8 2019 on a B-2 visa with the intention of staying with my fiancé until April 6 2020 when I’m due to fly home. 
 

We began the application process for the K-1 in November 2019 and received the NOA-2 on March 13 2020.

 

Our original plan was for me to fly back in April when my B-2 stay expired and wait the final few months of the visa process in London until I’m able to fly back to the US on the K-1.

 

My concerns about COVID-19 are 2 fold: 

 

1) It will probably delay the consular processing if, for instance, in person interviews are suspended to promote social distancing.

 

2) I may not be able to fly back to the US in a timely manner if this UK flight ban is still in effect.

 

I’ve emailed my attorney and are awaiting a reply but I’d love anyone’s thoughts on whether this would be strong grounds for a change of status if we decided to cancel my April return trip and married now instead.

 

Thank you in advance, these are exciting but uncertain times!

Edited March 15, 2020 by JonathanDowning

[Crazy Cat 41,193]

5 minutes ago, JonathanDowning said:

I’ve emailed my attorney and are awaiting a reply but I’d love anyone’s thoughts on whether this would be strong grounds for a change of status if we decided to cancel my April return trip and married now instead.

It is Adjustment of Status......not change of status.......yes, marrying and adjusting status in this situation is legal.......just prepare to remain in the US until you have an approved advance parole document.

 

There is no "90 day Rule"........just in case, the attorney refers to such.

Edited March 15, 2020 by Lucky Cat

[Boiler 44,861]

You do not need a Lawyer unless there is something weird about your case, most people on here DIY.

 

Nor do you need a reason to adjust, apart form of course wanting to stay!

[payxibka 10,045]

8 minutes ago, JonathanDowning said:

 

I’ve emailed my attorney and are awaiting a reply but I’d love anyone’s thoughts on whether this would be strong grounds for a change of status if we decided to cancel my April return trip and married now instead.

No such thing as "strong grounds" to adjust status.  What is required is eligibility.

[Ontarkie 14,133]

~~Hijack post split off to it's own thread along with related replies. Thread also moved to AOS from Tourist Visas~~