Son's petition is stuck in Montreal

[Holdanna 8]

Life!

 

SO my son's petition is caught up in the ban-all approved at the Montreal consulate waiting on interview F2A. He is extremely disappointed as he was planning on being here at the end of the year and have his GF from Sacramento move here with us.. We don't believe POUTUS will lift the ban soon as unemployment remains high. He is thinking about marrying his girlfriend. What do we need to know? I know it cancels out our petition. Are K1s part of the ban? They've been together about a year. They've been travelling back and forth from Houston/Sacramento before travel restrictions to be together. They will both be 19 in August but are adamant about getting married at some point. They are each other's first love. She's a USC.

 

What are the best options?

[Unlockable 7,314]

Yes, them getting married will change everything. Basically nulling your petition for him.

 

If they are that adamant about getting married, his gf can file for a spousal visa after they are married.  However, he will not be in the US this year if that happens. 

or

He can wait out your petition and possibly come when all of this is over. The problem with that is it is indefinite of when that will happen.

 

Remember, when it comes to immigration, huge sacrifices have to be made. The decision they make will be a reflection of this.

[Holdanna 8]

What if he does the K1 route? Are K1 being processed or are they part of the ban? I'm thinking that if they can go the K1 route and get approved and he moves here-my petition only becomes nul once he is already here and gets married.

 

Thoughts? Thanks

[SusieQQQ 11,586]

I personally think you (1) risk it being much longer before he gets here if he gets married first as I don’t believe the ban will go on as long as you think, and it will probably be over a year to wait from filing with no back up option if he gets married (2) while a K1 gives you a back up option if they change their mind about their relationship it doesn’t help timelines either (3) even indirectly pressuring 19 year olds who’ve known each other a year into marriage for what is ultimately a short term benefit, if it is a benefit at all, just seems like a bad idea to me.

Edited May 21, 2020 by SusieQQQ

[NikLR 13,227]

Well Montreal has had a huge backlog of interviews.  Before COVID-19 it was 5-6m for immediate relatives like under 21 children, parents, and spouses.  For anything else it was 6-10 months.  So its possible that a k1 would go through by the time he would get an interview, but also possible that it wont.  They could try a K1 and two petitions for the same person is allowed. 

I wouldnt do the marriage route though if time is an issue.  Also thr parental visa gives him a green card right away without the extra expense of the AOS and doesnt push marriage between these two faster than they may want. 

[Holdanna 8]

Suzie QQQ- I'm not pushing anyone into marriage. Also, I highly doubt POTUS will lift the ban anytime soon.

 

NikLr-That was my thinking precisely- was to have 2 petitions going at the same time. My question is.... Is K1 part of the April 23rd Ban?

[NikLR 13,227]

7 hours ago, Holdanna said:

Suzie QQQ- I'm not pushing anyone into marriage. Also, I highly doubt POTUS will lift the ban anytime soon.

 

NikLr-That was my thinking precisely- was to have 2 petitions going at the same time. My question is.... Is K1 part of the April 23rd Ban?

 No it's not part of the EO according to the thread on VJ. 

[Holdanna 8]

Thanks

[Lucky2Lucky 2,526]

Another thing to think about is can his girlfriend afford to sponsor him? He would be here so much quicker with the current pending visa then starting a new one. 18 is really young to get married-as you said it’s his first love- there’s so much more to experience- and have someone make the commitment to sponsor him is a huge deal as well. 

[JacobP 185]

We haven't even been able to feel what the actual results of the immigration restriction executive order are, since no consulate anywhere has really interviewed or issued ANY visas beyond emergency cases and other special cases. I think a few emergency K1 visas have been interviewed for and issued since the EO was made, and the consensus here has been that it's likely not affected since the K1 is non-immigrant. But applying for a K1 sounds like a rash decision now, given all the additional work, money, and waiting that's going to go into it, especially when there's a possibility your F2A will be processed before the K1 application even reaches Montreal.

 

Believe me, I know what's like to be separated. I've been in a long distance relationship with my fiance in Canada for close to 10 years now, we've been lucky if we got to see each other more than twice a year. My fiance had her K1 interview get postponed over this mess, and we've been having the worse separation-related stress in recent memory. We're just trying to hold it together with our usual routine of voice chatting with each other daily. If I were you, I'd at least wait for visa processing to start happening again and see where F2As end up in the long run.

[Holdanna 8]

Lucky Cuds- No she does not meet the income requirements. I would be their co sponsor. I have enough income and assets.  I am already documentarily qualified with just income, as my petition has been approved at NVC  and is sitting in Montreal. My boy was supposed to be here in December, as he's in the process of finishing CEGEP. My idea would be if this ban continues, for him to apply for K1 in January and he'll be 20 when they marry. He really didn't want to move to the US until he met her and started a relationship. Now he can't get here fast enough. I had applied way back in Feb 2018, just in case he DID want to move here.  My strategy is to have the K1 going which doesn't cancel my petition and see which petition comes in first. If POTUS wins and republicans take house/senate in November they will no doubt pass immigration laws to stop "chain migration" and other categories.

 

JocobP- I understand your stress. My son lives between my elderly sick parents and his father. Neither are able to "take care" of him properly. I know he's almost an adult but it's hard knowing he lives in turmoil. It's a miracle he's been doing so well in school. I am sorry you for your stress and pray this gets resolved soon.

 

Please share thoughts if you see faults in my strategy or thinking. Thanks.

[SusieQQQ 11,586]

Great idea to wait till January so you can see if your speculation is correct and they are not totally just teenagers rushing into a marriage for the wrong reasons. 

[Holdanna 8]

Thanks