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Canadian fiancee's visa interview cancelled; wedding already planned

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Hi all,

 

Part-time lurker, first-time poster here. I'm a US citizen who successfully petitioned for my Canadian fiancee through the K1 visa process. We started the process last August. We were just at the final step with a consulate interview in Canada already scheduled (for today!), when they emailed her last week and cancelled it, as is now happening with a lot of US consulates abroad.

 

Based on researching wait times for the K1 process, including checking the official travel.state.gov website throughout the process, we planned our wedding for mid May of this year. It seemed we picked well but couldn't predict a global pandemic, obviously. 

 

My question is, do we have any recourse aside from rescheduling the wedding for later this year? We have done all the right things, and we are wary of setting off any bells if we end up getting married anyway before her new interview date. Is CR-1 a good option if we marry and she goes back to Canada? Or would you say just wait it out a bit for now? We have discussed potentially getting married in September, and we're hoping this pandemic is well over by then. On a personal note, both my sister and I work in healthcare (pretty front-line). We are all praying that this passes soon for all of us affected in any way.

 

Much love!

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Filed: AOS (apr) Country: Philippines
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What recourse do you want?  

 

Should have been more than a part time lurker as it is the overwhelming opinion on this site to not make plans of any kind until Visa is in hand.

 

Is she currently in the USA?  

 

CR1 is always a post marriage option 

YMMV

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Thank you for your reply. No she's not in the US now unfortunately.

 

We had our reasons to plan our wedding when we did, including stringent church requirements, so no judgments please. Three months after approval is not any time to plan any wedding, and we put the religious ceremony above the civil one in terms of gravity and importance in our life. Every case is personal.

Edited by dpx
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11 hours ago, dpx said:

Hi all,

 

Part-time lurker, first-time poster here. I'm a US citizen who successfully petitioned for my Canadian fiancee through the K1 visa process. We started the process last August. We were just at the final step with a consulate interview in Canada already scheduled (for today!), when they emailed her last week and cancelled it, as is now happening with a lot of US consulates abroad.

 

Based on researching wait times for the K1 process, including checking the official travel.state.gov website throughout the process, we planned our wedding for mid May of this year. It seemed we picked well but couldn't predict a global pandemic, obviously. 

 

My question is, do we have any recourse aside from rescheduling the wedding for later this year? We have done all the right things, and we are wary of setting off any bells if we end up getting married anyway before her new interview date. Is CR-1 a good option if we marry and she goes back to Canada? Or would you say just wait it out a bit for now? We have discussed potentially getting married in September, and we're hoping this pandemic is well over by then. On a personal note, both my sister and I work in healthcare (pretty front-line). We are all praying that this passes soon for all of us affected in any way.

 

Much love!

Even without the current pandemic, the K-1 really doesn't lend itself to wedding plans.  The timelines are just too uncertain.  

 

If she is admitted to the US on a visitor visa for the wedding, she will then have to return to Canada and wait out an even longer process from the start of a CR-1 petition.  

 

Waiting is just part of the deal, no way around that.  Montreal is notorious for interview backups also.

Edited by Jorgedig
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11 hours ago, dpx said:

We had our reasons to plan our wedding when we did, including stringent church requirements, so no judgments please. Three months after approval is not any time to plan any wedding, and we put the religious ceremony above the civil one in terms of gravity and importance in our life. Every case is personal.

No judgement - but it seems you chose the wrong visa for the type of wedding you want.  Yes, every case is personal, but when US immigration is involved, one is less free to plan.

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Filed: F-2A Visa Country: Nepal
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Your fiancé would be lucky if she gets interviewed by May in the current environment, so yes holding off on wedding plans is the best course.

Edited by arken

Spouse:

2015-06-16: I-130 Sent

2015-08-17: I-130 approved

2015-09-23: NVC received file

2015-10-05: NVC assigned Case number, Invoice ID & Beneficiary ID

2016-06-30: DS-261 completed, AOS Fee Paid, WL received

2016-07-05: Received IV invoice, IV Fee Paid

2016-07-06: DS-260 Submitted

2016-07-07: AOS and IV Package mailed

2016-07-08: NVC Scan

2016-08-08: Case Complete

2017-06-30: Interview, approved

2017-07-04: Visa in hand

2017-08-01: Entry to US

.

.

.

.

Myself:

2016-05-10: N-400 Sent

2016-05-16: N-400 NOA1

2016-05-26: Biometrics

2017-01-30: Interview

2017-03-02: Oath Ceremony

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Filed: K-1 Visa Country: Wales
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I would check the rules allowing visitors from Canada to the US, I thought visiting for basically a destination wedding is not currently allowed?

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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13 hours ago, dpx said:

We had our reasons to plan our wedding when we did, including stringent church requirements, so no judgments please. Three months after approval is not any time to plan any wedding, and we put the religious ceremony above the civil one in terms of gravity and importance in our life. Every case is personal.

Understood. You chose the path you did against the golden rule and accepted the risks of it not going to plan. Unfortunately, your bet did not pay off.

As noted, you actually had close to 9 months to marry: 6 months of visa validity + 90 days of K-1 status. The amrriage only needs to be a legal marriage. A religious ceremony can come later if necessary.

 

You can marry (in either country or a 3rd country) and start over with a CR-1 if you really want. I don't believe it is possible to do in the US or Canada right now due to travel restrictions, and flying to a 3rd country is not advised right now by the DOS. IMO, waiting out the K-1 seems the most logical step forward. Plan the wedding after the visa is in hand.

Edited by geowrian

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

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1 hour ago, geowrian said:

Understood. You chose the path you did against the golden rule and accepted the risks of it not going to plan. Unfortunately, your bet did not pay off.

As noted, you actually had close to 9 months to marry: 6 months of visa validity + 90 days of K-1 status. The amrriage only needs to be a legal marriage. A religious ceremony can come later if necessary.

 

You can marry (in either country or a 3rd country) and start over with a CR-1 if you really want. I don't believe it is possible to do in the US or Canada right now due to travel restrictions, and flying to a 3rd country is not advised right now by the DOS. IMO, waiting out the K-1 seems the most logical step forward. Plan the wedding after the visa is in hand.

You're right, we did take a risk, and even though this was a very rare thing to happen when we pursued this, here we are. We're making the best of it though, and focusing on ourselves more and being there for each other as well. I will take the 9 months total into consideration next time. I thought initial approval was closer to four months but I'm obviously mistaken. We had wanted to move forward soon after the approval any way.

 

12 minutes ago, Orangesapples said:

Did you you know plan a wedding with a lot of guests? Even if she were to get her visa now, I don't think a wedding in May will be possible unfortunately. I'm sorry, and thank you for helping save lives! 

Our wedding is a small wedding, thankfully. We already gave all guests a heads-up a few days ago, with a final decision to come in about a week. They've been understanding.

 

You're welcome and thank you for the kind comment.

Edited by dpx
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Filed: Citizen (apr) Country: Ghana
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Government couldn’t care less about your wedding plans especially in these times.

 

Good luck.

Just another random guy from the internet with an opinion, although usually backed by data!


ᴀ ᴄɪᴛɪᴢᴇɴ ᴏғ ᴛʜᴇ ᴡᴏʀʟᴅ 

 

 

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Filed: K-1 Visa Country: Vietnam
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I feel that everyone is being way too harsh on you in this thread. It seems like everyone is too busy ripping on you about what you should or should not have done to actually answer your question. Whats done is done and the fact that you managed to get everything planed so well in those 90 days to begin with is impressive despite the risks. No one could have predicted a pandemic and no one should blame you for it too.

 

So to answer your question in the most polite way possible, there no recourse given the situation. Immigration only cares that you are getting married within the 90 days of entry. Luckly though, they dont have to enter right away. I think it's 6 months from the visa being issued that they have to enter the US plus another 90 days to to submit for AOS. That is after you already have to wait for a new interview. Considering that most of the wedding was planned to begine with its possible to be able to reschedule everything at a more predictable date after the visa is issued.

 

Be aware though, the longer your fiancee takes to enter the country, the more likely immigration may ask you about it during your followup interview. Personally, I would have a courthouse wedding asap to lock things in since luck doesn't seem to be on our side. That gives you guys more time to plan the wedding ceremony better. If a courthouse wedding doesnt seem to float your boat, you could try to have an elopement style wedding with just the 2 of you and a witness. Me and my fiencee were thinking of doing that on this beautiful mountain side north of us, then having a actual ceremony for our 1 year.

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