No AOS within 90 days for K1

[EmptySeats 49]

My fiance and I were approved in very early March, and she had her visa in hand by March 10. Then the world caved in due to coronavirus. Since March 16th, there are very almost no flights from Ecuador to the US, and it's even against the law to drive to the airport if you aren't a foreign national. She's working through that dilemma now - how to get there without problems from the police.

 

We eventually booked a have a June 7 flight (Her visa expires August 10 - so long enough before expiration but potentially at a lower point of the outbreak)... but then Trump announced the immigration ban last night (without details), we decided to look on the US Embassy's website, where they show the flights. There happened to be one for late tonight. So we booked it this morning.

 

They are still writing it, but CNN reports that the ban is said to be 120 days, and the administration is likely to issue no green cards during that time period. They are still working out the details, and it is expected to be released in the next few days. So if she does make it to the US by tomorrow morning...and the US turns off green card filing for 120 days, she would spend at LEAST 30 days with no green application and an expired K1. What are the consequences of this?

 

I'm hoping even if the Trump administration stops all issuance of green cards, you can still file for one. I think proof of having filed makes you legal, right?

 

Any insight would be appreciated.

Edited April 21, 2020 by EmptySeats

[Just Paul 4,595]

The clock hasn't started on your AOS.   What could happen is that the K1 will expire.  Consulates can reissue a Visa since she wasn't able to travel.   A new medical and visa interview / fee would be required.

5 minutes ago, EmptySeats said:

but CNN reports that the ban is said to be 120 days, and the administration is likely to issue no green cards during that time period.

You would be best served by waiting to see what is in the actual Executive Order.   Any guesses are just that.

 

[EmptySeats 49]

Appreciated input!

 

13 minutes ago, Paul & Mary said:

The clock hasn't started on your AOS.   What could happen is that the K1 will expire.  Consulates can reissue a Visa since she wasn't able to travel.   A new medical and visa interview / fee would be required.

You would be best served by waiting to see what is in the actual Executive Order.   Any guesses are just that.

 

There is a random flight tonight, and then who knows when the next flight could be. Might be well after the executive order goes into effect.

 

I've seen a lot of people say to get out of the country when you get a chance, and not leave it up to the consulate (which will have huge backlogs) to extend your visa, at their discretion, after the fact. That was the thinking.

 

I guess the question is, what's a bigger problem? Being in the US - married - but with an expired K1 (IF they even suspended filing for a green card) versus being abroad with an expired K1 and a closed embassy that will have a huge backlog once it's back up and running.

Edited April 21, 2020 by EmptySeats

[Just Paul 4,595]

10 minutes ago, EmptySeats said:

I guess the question is, what's a bigger problem? Being in the US - married - but with an expired K1 (IF they even suspended filing for a green card) versus being abroad with an expired K1 and a closed embassy that will have a huge backlog once it's back up and running.

The K1 is over the minute she enters the country.  Then you have 90 days to marry.   AOS does not have to occur in those 90 days.  If you can't get married, in time,  you can file an I-130/I-130A and AOS from the US.   That is still probably a better option then waiting it out in Ecuador.

[kris&me 572]

You do know about the epidemic and how bad it hit Guayaquil /  my father in law (a dr), brother in law and his wife all were sick with this.  they are healing now but FIL still on oxygen.  but the news reports here tell about bodies in the streets covered with plastic and carboard and my husband wants so bad to go and help family there. But we can't /  there is a good reason for this ban and we pray the virus can stop and all of us get on to a more normal life.

Hopefully the embassy will extend your K1 visa but i would suspect they will require a new medical exam (which is normal if the medical expires even in normal days) i would email the embassy and wait for when they can reply and tell you what to do.

[geowrian 22,337]

There are paths in the event AOS is not filed within 90 days, and even if not married within 90 days. That said, don't worry about the what-ifs. Either wait it out abroad or (preferably) come ASAP and take it one step at a time. Cross that bridge if you ever get there.

[Ontarkie 14,221]

~~Moved to Covid 19, from K1 P&P - where similar threads are discussed now.~~

[quantummechanic 2]

22 hours ago, EmptySeats said:

 Since March 16th, there are very almost no flights from Ecuador to the US, and it's even against the law to drive to the airport if you aren't a foreign national. 

Sorry to hear about your situation. I had a friend who was in a similar situation in another country and they were able to explain the situation to their local authorities and make their way to the airport and board a flight. (Travelling to Belgium from India). Maybe your SO can try that? 

 

Personally I would advice getting on a flight (if safe and feasible) and figuring it out when they reach you here. Also looks like the EO might exempt close relatives. 

Edited April 22, 2020 by quantummechanic

[EmptySeats 49]

3 minutes ago, quantummechanic said:

Sorry to hear about your situation. I had a friend who was in a similar situation in another country and they were able to explain the situation to their local authorities and make their way to the airport and board a flight. (Travelling to Belgium from India). Maybe your SO can try that? 

 

Personally I would advice getting on a flight (if safe and feasible) and figuring it out when they reach you here. Also looks like the EO might exempt close relatives. 

That's exactly what we did. She received police permission to go to the airport and got here before the EO was even signed.

[EmptySeats 49]

Sorry, I put this in the COVID thread and it really took off with tons of people helping. I with respect to finishing this story, I'll post the entire ordeal here, too, a little later so that folks aren't wondering what happened if they come upon this thread.

[quantummechanic 2]

29 minutes ago, EmptySeats said:

That's exactly what we did. She received police permission to go to the airport and got here before the EO was even signed.

Very happy she managed that! Hope all is well. 

I also noticed you are in NJ - hope you are healthy and wishing you well!

Edited April 22, 2020 by quantummechanic

[TBoneTX 45,288]

But she made it in?

[Loren Y 2,755]

Definitely get to the US asap. It's getting nothing but worse the longer you wait.

[EmptySeats 49]

Here's what happened, copied from the main COVID thread so that I can tie up the ends of the story here:

 

To update everyone, we took TBone's advice and she entered this morning in Fort Lauderdale no problem. Well, there was a problem because the Guayaquil Embassy lost our i-129f and she could't show it (but should show her email from them showing that they lost it). They eventually let her in. Thanks for all your advice everyone.

 

While it's great she made it - denial would have been a real disaster - it's still heartbreaking that she had to up and leave in these circumstances, unplanned. The original plan was for her to move in May, and travel the country to see people for the second half of April (or even all of April) after quitting her job. Then in early April we booked a one way for June 7, even if being able to leave her region of Ecuador was still likely impossible before then - it would allow for that chance, maybe, and would give her a date in advance to prepare so such a huge life changing move. But with the EO, our hand got forced here.

 

Her first two weeks here, she'll be totally quarantined and we'll have masks on when around each other. We'll eventually call the city clerk to marry us at his desk. He wears gloves, a mask, and a baseball cap to work. We'll have masks on. Strange times. I'm definitely bringing this local photographer who has been posting COVID pictures on social media.

 

Hoping the best for everyone else. Thanks for your help, all.

[fezthefez 18]

2 hours ago, EmptySeats said:

Here's what happened, copied from the main COVID thread so that I can tie up the ends of the story here:

 

To update everyone, we took TBone's advice and she entered this morning in Fort Lauderdale no problem. Well, there was a problem because the Guayaquil Embassy lost our i-129f and she could't show it (but should show her email from them showing that they lost it). They eventually let her in. Thanks for all your advice everyone.

 

While it's great she made it - denial would have been a real disaster - it's still heartbreaking that she had to up and leave in these circumstances, unplanned. The original plan was for her to move in May, and travel the country to see people for the second half of April (or even all of April) after quitting her job. Then in early April we booked a one way for June 7, even if being able to leave her region of Ecuador was still likely impossible before then - it would allow for that chance, maybe, and would give her a date in advance to prepare so such a huge life changing move. But with the EO, our hand got forced here.

 

Her first two weeks here, she'll be totally quarantined and we'll have masks on when around each other. We'll eventually call the city clerk to marry us at his desk. He wears gloves, a mask, and a baseball cap to work. We'll have masks on. Strange times. I'm definitely bringing this local photographer who has been posting COVID pictures on social media.

 

Hoping the best for everyone else. Thanks for your help, all.

Sounds like a Hollywood thriller!!! Glad to hear everything went well.