Coronavirus, cancelled flights, K-1 vs marry and AOS?

[Ontarkie 14,218]

~~Post removed for derailing others for quoting. Stick to answering the OP's questions.~~

[jaysaldi 213]

On 3/17/2020 at 11:31 PM, Newhawaiki said:

I'm not sure if this is only because the circumstances it's become a major blessing for the OP and/or why more people don't do this especially with how long spouses spend apart doing the CR1 process (is this a major loophole?).

The majority of K-1 visas are issued to people from developing countries who can't visit the USA under the visa waiver program and who would have a difficult time getting a visa to visit the USA.

[DylanandLaura 46]

With Colombia banning entry of all foreigners and Citizens for 30 days, I would say marry here and adjust status. The change of circumstances was extreme and shouldn't be looked down upon in the eyes of an immigration officer. 

[Just Paul 4,595]

Marry and adjust in the US.  Of course she will be stuck here while awaiting AP/EAD

[Fireyoshi007 0]

Hi everyone,

 

My fiancée and I are in a similar situation to the OP. She entered the US on February 7 with the intent to return in late April to complete the K-1 (we just got our NOA2 a couple of weeks ago). Obviously, with the pandemic evolving over the past couple of weeks it is desirable to not have her travel for health, safety, emotional, and travel reasons. 

 

My question, which might be very dumb and obvious but given the circumstances we want to be super cautious, does all the advice about AOS in this topic apply to ETSA visa waivers (which my fiancée is currently visiting the US on) as well as the typical 6-month tourist visas?

[payxibka 10,045]

45 minutes ago, Fireyoshi007 said:

Hi everyone,

 

My fiancée and I are in a similar situation to the OP. She entered the US on February 7 with the intent to return in late April to complete the K-1 (we just got our NOA2 a couple of weeks ago). Obviously, with the pandemic evolving over the past couple of weeks it is desirable to not have her travel for health, safety, emotional, and travel reasons. 

 

My question, which might be very dumb and obvious but given the circumstances we want to be super cautious, does all the advice about AOS in this topic apply to ETSA visa waivers (which my fiancée is currently visiting the US on) as well as the typical 6-month tourist visas?

A tourist entry is a tourist entry, they don't give a ratzass if it was was with a  visa or visa free

Edited March 25, 2020 by payxibka

[geowrian 22,337]

More precisely, VWP is more restrictive than visa travelers. There are several limits on VWP travelers, such as the ability to change or extend status, or AOS except as the IR of a USC. They also waive their right to contest removal (so make sure you put together a good AOS packet!).

[Fireyoshi007 0]

19 hours ago, geowrian said:

More precisely, VWP is more restrictive than visa travelers. There are several limits on VWP travelers, such as the ability to change or extend status, or AOS except as the IR of a USC. They also waive their right to contest removal (so make sure you put together a good AOS packet!).

For completeness, assuming we are meeting the following thresholds, we SHOULD be fine with AOS even though she is a VWP traveler. I realize nothing is 100% guaranteed with US immigration and I am not looking for a guarantee, but I do want to give us the best chance at success without putting our life together in unnecessary amounts of jeopardy:

• Have a legitimate marriage and can prove it is legitimate (we plan to get married next week and our relationship is legitimate so I am not worried about that, we will provide plenty of evidence in the AOS packet)
• Planned for her to return to the UK in April and pursue a K-1 visa upon her arrival in the US in February (as evidenced by return flight, travel insurance, K-1 NOA2, history of trips to US of similar length with her leaving at the end, etc.)
• Had a significant change in circumstances over the past week or two in light of the COVID pandemic as well as subsequent actions by governments throughout the world in recent weeks that causes concerns of health, safety, and emotional distress for us and others if she were to return to the UK
• Put together an AOS packet with all the required documentation by being careful and detail-oriented, careful to follow all the guidelines and rules of each form and include everything we are required to include

 

Thanks for all the help guys!

[Sinead91 249]

On 3/26/2020 at 9:42 AM, Fireyoshi007 said:

For completeness, assuming we are meeting the following thresholds, we SHOULD be fine with AOS even though she is a VWP traveler. I realize nothing is 100% guaranteed with US immigration and I am not looking for a guarantee, but I do want to give us the best chance at success without putting our life together in unnecessary amounts of jeopardy:

• Have a legitimate marriage and can prove it is legitimate (we plan to get married next week and our relationship is legitimate so I am not worried about that, we will provide plenty of evidence in the AOS packet)
• Planned for her to return to the UK in April and pursue a K-1 visa upon her arrival in the US in February (as evidenced by return flight, travel insurance, K-1 NOA2, history of trips to US of similar length with her leaving at the end, etc.)
• Had a significant change in circumstances over the past week or two in light of the COVID pandemic as well as subsequent actions by governments throughout the world in recent weeks that causes concerns of health, safety, and emotional distress for us and others if she were to return to the UK
• Put together an AOS packet with all the required documentation by being careful and detail-oriented, careful to follow all the guidelines and rules of each form and include everything we are required to include

 

Thanks for all the help guys!

Keep us posted

 

I am in the same boat also...waiting for clerks to open office again so we can get married

[geowrian 22,337]

On 3/26/2020 at 12:42 PM, Fireyoshi007 said:

• Planned for her to return to the UK in April and pursue a K-1 visa upon her arrival in the US in February (as evidenced by return flight, travel insurance, K-1 NOA2, history of trips to US of similar length with her leaving at the end, etc.)

This is not a factor in if they approve or deny the I-485.

 

Quote

• Had a significant change in circumstances over the past week or two in light of the COVID pandemic as well as subsequent actions by governments throughout the world in recent weeks that causes concerns of health, safety, and emotional distress for us and others if she were to return to the UK

Same as above. Preconceived intent is not a bar for AOS purposes in your circumstances.

The only potential issue would be if you made a material misrepresentation at POE. Like if somebody was asked "How long will you stay?" and you respond "1 week", but there's evidence that you already had a wedding ceremony planned 2 weeks from the date of POE, then that might be an issue.

 

You're in the US now. Intent won't be an issue.