Not getting married, Covid means can't return (split)

[humptydumpty12345 5]

My fiancee is in the USA and we have not married due to courthouses being closed and also we are deciding and talking things out. Colombia has banned international entrances / (normal) flights until August. 90 days runs much sooner than that, what would happen if she cannot physically return but have decided not to marry?

[Crazy Cat 41,885]

14 minutes ago, humptydumpty12345 said:

My fiancee is in the USA and we have not married due to courthouses being closed and also we are deciding and talking things out. Colombia has banned international entrances / (normal) flights until August. 90 days runs much sooner than that, what would happen if she cannot physically return but have decided not to marry?

Once her I-94 expires, she will be out of status and subject to deportation....married or not....If you and she marry after 90 days of her entry into the US via a K-1, you will have to file an I-130 along with the I-485 package.   Once a proper I-485 is filed, she will granted authorized stay until a decision has been made on the I-485.

[Penguin_ie 5,993]

**** split from existing thread by other member and moved to Covid-19 forum.   Please ask questions about your own case in your own thread. *****

[payxibka 10,045]

Plenty of places to marry if you decide that course of action 

[humptydumpty12345 5]

If it goes past 90 days, would i need to file the I-130A as well?

[payxibka 10,045]

3 minutes ago, humptydumpty12345 said:

If it goes past 90 days, would i need to file the I-130A as well?

The i130a is an attachment to the i130, not in itself a separate filing

[Mollie09 1,543]

22 hours ago, humptydumpty12345 said:

My fiancee is in the USA and we have not married due to courthouses being closed and also we are deciding and talking things out. Colombia has banned international entrances / (normal) flights until August. 90 days runs much sooner than that, what would happen if she cannot physically return but have decided not to marry?

If you have decided not to marry, she would accrue overstay starting when her I-94 expires until she leaves the country. No ban if that's under 180 days, but makes it unlikely she'll get a tourist visa to the US any time soon.

[SalishSea 17,834]

23 hours ago, humptydumpty12345 said:

My fiancee is in the USA and we have not married due to courthouses being closed and also we are deciding and talking things out. Colombia has banned international entrances / (normal) flights until August. 90 days runs much sooner than that, what would happen if she cannot physically return but have decided not to marry?

Most countries have plans/flights to repatriate citizens who are overseas but want to return home.  I'm sure Columbia has something set up for this.

[payxibka 10,045]

4 minutes ago, Jorgedig said:

Most countries have plans/flights to repatriate citizens who are overseas but want to return home.  I'm sure Columbia has something set up for this.

47 flights in fact.

 

https://thecitypaperbogota.com/news/humanitarian-flights-have-repatriated-5000-colombians-stranded-with-coronavirus/25084

[Boiler 45,525]

Friends of mine were married on the 1st May, can be done.

[humptydumpty12345 5]

If she overstays and then returns without marriage, how will she be impacted at applying for other visas in the future? Would she be banned, or can she explain it was delays related to the pandemic?

[payxibka 10,045]

6 minutes ago, humptydumpty12345 said:

If she overstays and then returns without marriage, how will she be impacted at applying for other visas in the future? Would she be banned, or can she explain it was delays related to the pandemic?

She can apply,  she can explain.   In the end, it is the consulate decision.   Expect the facts to be loaded against approval.

[humptydumpty12345 5]

On 5/22/2020 at 1:16 PM, Mollie09 said:

If you have decided not to marry, she would accrue overstay starting when her I-94 expires until she leaves the country. No ban if that's under 180 days, but makes it unlikely she'll get a tourist visa to the US any time soon.

Interesting, thank you and everyone for the responses. I just searched 180 days rule (of out of status, after the K1 visa expires) which means a three ban. I wonder what would happen if she leaves but we later marry overseas, she would be the wife of US Citizen and still eligible the other visa process I presume? Not that it is likely. And does even a sort of "rushed" AOS petition filed by the deadline stay it? (If rushed and possibly missing something but otherwise signed, even if it requires follow ups from the agency.). 

[payxibka 10,045]

2 minutes ago, humptydumpty12345 said:

Interesting, thank you and everyone for the responses. I just searched 180 days rule (of out of status, after the K1 visa expires) which means a three ban. I wonder what would happen if she leaves but we later marry overseas, she would be the wife of US Citizen and still eligible the other visa process I presume? Not that it is likely. And does even a sort of "rushed" AOS petition filed by the deadline stay it? (If rushed and possibly missing something but otherwise signed, even if it requires follow ups from the agency.). 

The requirement is to marry within 90 days.  Cross that bridge first before worrying about the i485