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Canadian fiancee's visa interview cancelled; wedding already planned

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35 minutes ago, BandQ said:

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.

Why would they ask about it?

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Filed: K-1 Visa Country: Vietnam
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5 minutes ago, Lemonslice said:

Why would they ask about it?

Its usually raises some eyebrows depending on the uscis officer. The mentality is "If you really loved eachother then why did you wait so long to enter the country?" Most explanations like the coronavirus, issues with wedding plans, or a life event get a pass. Outside of those it could be a red flag if it takes a while to come to the US after the visa is issued.

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21 minutes ago, BandQ said:

Its usually raises some eyebrows depending on the uscis officer. The mentality is "If you really loved eachother then why did you wait so long to enter the country?" Most explanations like the coronavirus, issues with wedding plans, or a life event get a pass. Outside of those it could be a red flag if it takes a while to come to the US after the visa is issued.

Never ever heard of this. Do you have sources or something?  

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Filed: K-1 Visa Country: Germany
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5 hours ago, dpx said:

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.

 

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.

Hi there, 

 

I got my visa in February and planned to move on the 1st of May. I am currently not expecting for that to happen. I did not make any wedding plans, however I did quit my job and cancelled my lease. The pandemic screwed with my plans, and I do not know, if I can travel before my visa expires.

I didn’t quit my job before I had my visa in hand, and I didn’t tell my landlord either. However, I found myself in a miserable situation, when the travel ban and pandemic struck 2 weeks ago. 
i had to ask my boss, to take me back (keeping in mind LOADS of people are losing their jobs right now in Germany), and I had to have multiple discussions with my landlord to extend my lease for a month. What I want to tell you is, if I were you, I would push back the wedding you planned. I don’t think it is going to happen, but no one on here will be able to tell you, no one can expect what’s going to happen at this point.
i understand where you’re coming from and why you made your plans the way you did. No one should judge you, because no one could have predicted that the whole world would shut down. 
I am going to wait things out, hoping and praying for everything to be over soon, so we all will be able to go one with our lives.

for now, I would suggest for you to wait and not make any rush decisions that you might regret in the future. You’re really close to getting your visa, have some patience for now! If you do the cr1 you’ll have to start from zero.
I hope you and your family will be fine, and I have a lot of respect for everyone who is fighting the virus! So good luck and much health and happiness to you!!! 

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Filed: Citizen (apr) Country: Australia
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50 minutes ago, Leah88 said:

Hi there, 

 

I got my visa in February and planned to move on the 1st of May. I am currently not expecting for that to happen. I did not make any wedding plans, however I did quit my job and cancelled my lease. The pandemic screwed with my plans, and I do not know, if I can travel before my visa expires.

I didn’t quit my job before I had my visa in hand, and I didn’t tell my landlord either. However, I found myself in a miserable situation, when the travel ban and pandemic struck 2 weeks ago. 
i had to ask my boss, to take me back (keeping in mind LOADS of people are losing their jobs right now in Germany), and I had to have multiple discussions with my landlord to extend my lease for a month. What I want to tell you is, if I were you, I would push back the wedding you planned. I don’t think it is going to happen, but no one on here will be able to tell you, no one can expect what’s going to happen at this point.
i understand where you’re coming from and why you made your plans the way you did. No one should judge you, because no one could have predicted that the whole world would shut down. 
I am going to wait things out, hoping and praying for everything to be over soon, so we all will be able to go one with our lives.

for now, I would suggest for you to wait and not make any rush decisions that you might regret in the future. You’re really close to getting your visa, have some patience for now! If you do the cr1 you’ll have to start from zero.
I hope you and your family will be fine, and I have a lot of respect for everyone who is fighting the virus! So good luck and much health and happiness to you!!! 

😢. Sorry to hear .. you did everything well and have  encountered the uncontrollable parts of life. Hoping you find the way forward through these challenging days 

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2 hours ago, BandQ said:

I think it's 6 months from the visa being issued that they have to enter the US

It's 6 months from the medical, not issuance. 

2 hours ago, BandQ said:

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.

Not true.

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2 hours ago, payxibka said:

Nonsense.  

If the visa is valid they could care less when you enter...

Finally done...

 

 

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Filed: K-1 Visa Country: Canada
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Hi dpx, 

 

My fiancée and I also took the risk of planning a religious wedding and ceremony under K-1, since our faith is the most important thing in our lives and is the reason we met in the first place. We applied for K-1 in May of last year and planned our wedding for this year in May, to give ourselves as much time as possible. It was very difficult being in long-distance relationship for nearly two years but we managed as best as we could. Now with churches and county offices closed, this throws a lot of uncertainty into the mix.

 

I sense there is a lot of bitterness and frustration around the present situation and it's hard for so, so many people. But just so you know you're not the only one who puts great importance onto faith matters. Pay no attention to the "serves you right" responses you're getting. Two people love each other and want to unite until death and share their lives, and are trying to get this done while respecting all the dizzyingly complex laws of their respective countries and getting through bureaucracy as best as they can. That's all there is to it. It's a very, very hard situation to navigate and you deserve credit.

 

Things will work out somehow! 

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Filed: K-1 Visa Country: Vietnam
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4 hours ago, geowrian said:

If not a pandemic, there are a dozen other reasons that it could have happened. The situation of having to miss a scheduled event due to immigration is very far from unique or rare.

 

Where in the world did you hear this? No, they do not care one bit why you came ASAP or waited until he visa was about to expire. That says absolutely nothing about the validity of the visa or the if one's marriage is bona fide.

It's just a red flag sometimes and having one doesnt disqualify the marrage. Just like how age differences or vastly diffrent cultures doesn't mean the relationship isn't bona fide, they are red flags that officers look out for. Some red flags are more "red" then others. If we wait until last second before the visa expires the officer may (not will) ask about it as its a minor red flag. The burden of proof lies with the couple to prove the marriage is bona fide. It's just a heads up or something to be aware of. It's usually not a big deal but among other red flags, it can be. Better to be safe than sorry.

I will try to find my source for you guys, but once again its usually not a big deal just something minor that officers look out for.

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55 minutes ago, BandQ said:

It's just a red flag sometimes and having one doesnt disqualify the marrage. Just like how age differences or vastly diffrent cultures doesn't mean the relationship isn't bona fide, they are red flags that officers look out for. Some red flags are more "red" then others. If we wait until last second before the visa expires the officer may (not will) ask about it as its a minor red flag. The burden of proof lies with the couple to prove the marriage is bona fide. It's just a heads up or something to be aware of. It's usually not a big deal but among other red flags, it can be. Better to be safe than sorry.

I will try to find my source for you guys, but once again its usually not a big deal just something minor that officers look out for.

I'd argue that if anything, rushing to be in the US ASAP would be more of an indicator of fraud than somebody who is willing to take their time. Somebody who is in fraudulent marriage for immigration benefits doesn't want to wait around longer and potentially have longer exposure of being discovered.

That said, I'd say it's more likely that it has no impact.

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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9 hours ago, BandQ said:

Its usually raises some eyebrows depending on the uscis officer. The mentality is "If you really loved eachother then why did you wait so long to enter the country?" Most explanations like the coronavirus, issues with wedding plans, or a life event get a pass. Outside of those it could be a red flag if it takes a while to come to the US after the visa is issued.

You are new here.  None of this has a shred of truth.  Please don't just make stuff up.

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Filed: K-1 Visa Country: Vietnam
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Just now, Lucky Cat said:

Do you have any case examples?  I have never seen the time between visa issuance and entry into the US questioned.....why would it matter?   Best practice dictates that no actions should be taken until the visa is issued and checked for errors.  Sometimes, it takes a few months to tie up loose ends...........thus entry into the US anytime prior to the expiration is perfectly allowable........I have never seen it questioned.

I thought it was strange when I heard about it too. It would make sense that a couple months of planning and buying plane tickets would be necessary. My guess is that if the petitioner and the beneficiary have the means to travel right away, cost is no issue, have no major plans for a wedding only a couthouse wedding, and have no obligations to fulfill first, why wouldn't they travel right away? Why wait 5 or 6 months to be together when there's no loose ends to tie up? It was a video I watched about an immigration lawyer showing possible red flags for a followup interview after marriage. Ill see if i can find it. Honestly though, it's a little mundane of a fact. So i wouldn't stress about it.

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