K1 Visa Applied but Concerns Over COVID19

[K & R 2020 4]

Hey All,

 

So a little background on us:

 

-Engaged December 2019

-Entered America January 27th (Expected to depart on April 27th)

-Currently on ETSA

-Applied for K1 Visa on Feb 16th

-Received notification that it is being processed (no update as of March 26th)

 

We are now concerned that if i leave and go back to U.K. that i will not be able to come back for some time because of the current status of world with COVID19. We are floating the idea of attempting to just find an open courthouse and getting married and then apply for a Change of Status since there is so much uncertainty to what might happen in the coming 6 months.

 

We are trying to figure out the legality of doing this since we have already applied for the K1 Visa but due to circumstances,  we don't want to risk me going back to the U.K. and waiting for another 8 months until I am allowed back into the U.S. I have heard a couple of people on here that had the same concerns so they went ahead and got married and wanted to see if any of you had any legal advice given to you. Obviously we do not want to break the law but these are very uncertain times so we feel as if the government wouldn't penalise us for going this route. Furthermore, we live in San Francisco which is currently on full lockdown and i don't even feel comfortable going back to the U.K. until this all over since i do not want to potentially spread the virus.

 

We feel as if we wouldn't be breaking the law because her original intent when coming over was not to get married but rather apply for the K1 Visa and go the legal route but now due to this outbreak and complete uncertainty, we want to just get married so we can stay together. Anyone have any insight at all?

[Crazy Cat 41,888]

Perfectly legal......Just follow the guide and be aware of the restrictions which accompany adjustment of status such as work and travel restrictions....Good Luck..

 

 

[Boiler 45,525]

You were inspected, you showed non immigrant intent, they would not have let you in otherwise.

[Wuozopo 4,293]

3 hours ago, K & R 2020 said:

We are floating the idea of attempting to just find an open courthouse and getting married and then apply for a Change of Status since there is so much uncertainty to what might happen in the coming 6 months.

Do it. Hope you can find a courthouse open to get a marriage license and then record your marriage. 

[K & R 2020 4]

Thank you for all your advice, its really helpful. We are hoping to find somewhere this week and go get married. Does it matter that I will over stay my ESTA even though we have filed for the AOS before? Im assuming its a process and as long as I don't work or travel it will be OK? 

[Boiler 45,525]

Well theoretically once the VWP runs out you need the NoA from filing to adjust to show legal presence, now I have seen someone have an issue once, so not impossible but most unlikely.

 

Work well you need EAD, travel abroad you need AP to get back in.