Anybody given up on getting a K1 Visa and just got married?

[VisaDonnie 54]

So I am curious if anybody has given up on the K-1 process. I realize we are in the same boat as 100's of others but now it's getting down to crunch time. We were supposed to interview/physical/Biometrics in Bogota this week, but my fiancé is stuck here in the USA, our paperwork is held up by the NVC and she can't even fly to Bogota from the USA. On top of that her B2 Visa runs out in 4 weeks and she applied and paid for an extension ($455.00) but have heard nothing from the NVC. So in 4 weeks we have to make a decision to just go get married here in the USA and forget about the K-1 if we do not get her B2 Visa extended. Anybody else do this? what are the Pro's & Cons of doing this?

[Sparkle Sparkle 914]

 

12 minutes ago, VisaDonnie said:

my fiancé is stuck here in the USA, our paperwork is held up by the NVC

If you in line for K1 visa interview at Bogota this week......its not possible that NVC has anything to do with it anymore......I hope you guys make a good decision. My thoughts? The lucky few.

[Crazy Cat 41,822]

Sounds like a viable plan to me.  No one knows when the current situation will bet better.  Several posters have done this due to a change in circumstances.  The issues, it seems to me, would be her ability to tie up loose ends in her home country. You will have to file an I-130 since she will be adjusting status from a tourist visa.  As with any Adjustment of Status, she will have to endure travel and work restrictions while awaiting her EAD and Advance Parole documents....good luck in your decision and immigration journey.

Edited July 15, 2020 by Lucky Cat

[Lucky2Lucky 2,526]

Pro- she stays; doesn't have to go back to Colombia, no more separation for you both

Con- you spent a lot of money on two petitions, she can't "tie" things up back at home as she wouldn't be able to travel 

 

Also in regards to being stuck in the US she could have retuned on humanitarian flights back to Colombia. You can search VJ and see there have been multiple members post that they did this- adjusted status in the US.

[VisaDonnie 54]

20 minutes ago, Luckycuds said:

Pro- she stays; doesn't have to go back to Colombia, no more separation for you both

Con- you spent a lot of money on two petitions, she can't "tie" things up back at home as she wouldn't be able to travel 

 

Also in regards to being stuck in the US she could have retuned on humanitarian flights back to Colombia. You can search VJ and see there have been multiple members post that they did this- adjusted status in the US.

I guess I should have clarified something, even tho the interview is in Bogota, she is from Venezuela, and there were no Humanitarian flights from the USA back to Caracas that we know of. Thanks for the reply.

[VisaDonnie 54]

28 minutes ago, Lucky Cat said:

Sounds like a viable plan to me.  No one knows when the current situation will bet better.  Several posters have done this due to a change in circumstances.  The issues, it seems to me, would be her ability to tie up loose ends in her home country. You will have to file an I-130 since she will be adjusting status from a tourist visa.  As with any Adjustment of Status, she will have to endure travel and work restrictions while awaiting her EAD and Advance Parole documents....good luck in your decision and immigration journey.

No loose ends to tie up at this point. I have actually just written to my Congressman for some guidance. She is okay with travel and work restrictions its no different than it is now. Thanks for the reply.

[VisaDonnie 54]

31 minutes ago, Sparkle Sparkle said:

 

If you in line for K1 visa interview at Bogota this week......its not possible that NVC has anything to do with it anymore......I hope you guys make a good decision. My thoughts? The lucky few.

Not in line but the date we were given that you had to interview by is running out this week. The NVC has our paperwork and has not given it to the embassy in Bogota, I just talked to them today. Thanks for the reply.

[Sparkle Sparkle 914]

55 minutes ago, VisaDonnie said:

Not in line but the date we were given that you had to interview by is running out this week. The NVC has our paperwork and has not given it to the embassy in Bogota, I just talked to them today. Thanks for the reply.

Understood... Well she should be able to adjust status with no problem 

[Crazy Cat 41,822]

1 hour ago, VisaDonnie said:

I have actually just written to my Congressman for some guidance

Exactly what do you expect from your Congressman?  This is a personal decision.  From what you posted, I, personally,  see no benefit in her returning to her country to complete the K-1 at this point.   I would marry and file Adjustment of Status.

Edited July 15, 2020 by Lucky Cat

[DaveAndAnastasia 2,092]

In basically any case where

• Your fiance(e) is currently in the US legally
• Your fiance(e) did not intend to marry and adjust status when he or she entered in the US
• Your fiance(e) is fine with not being able to leave the US* or work legally until EAD or green card (note: in many states you won't have the documents you need for a US driver's license for a while, and in most of the US it's difficult to get around without driving)

... then it's definitely okay marry and file for AOS if that's what you want to do.

 

* Technically, not being able to return to the US without a new visa if they leave (and getting a tourist visa while married to a US citizen can be difficult at best).

Edited July 15, 2020 by DaveAndAnastasia

[JFH 12,190]

I think the B-2 extension was a waste of money but that’s already done now. In your shoes I would marry asap and file for adjustment of status. It’ll cost slightly more than the original plan as you will have to file and pay for an I-130 in addition to the AOS fees. That said, you will save on a plane ticket. She won’t be able to return home for many months but I can’t imagine she has that much to go back to if she’s been here the best part of 6 months already. 
 

Get married and send the AOS paperwork before her I-94 expires so that she is not out of status. The wedding can be as quick and as simple as the law provides. You don’t have to book out the Ritz-Carlton - a simple courthouse affair does the job. Does she have easy access to her civil documents here? Birth certificate? Previous divorce decrees if applicable? 

[retheem 564]

10 hours ago, VisaDonnie said:

So I am curious if anybody has given up on the K-1 process. I realize we are in the same boat as 100's of others but now it's getting down to crunch time. We were supposed to interview/physical/Biometrics in Bogota this week, but my fiancé is stuck here in the USA, our paperwork is held up by the NVC and she can't even fly to Bogota from the USA. On top of that her B2 Visa runs out in 4 weeks and she applied and paid for an extension ($455.00) but have heard nothing from the NVC. So in 4 weeks we have to make a decision to just go get married here in the USA and forget about the K-1 if we do not get her B2 Visa extended. Anybody else do this? what are the Pro's & Cons of doing this?

Go ahead and do the I-130/I-485 AOS. No point going back to Venezuela just to come back here again since she is already here. Remember to apply for EAD and AP.

[Pickle_slushy 4]

We are just making plans and researching. We will be abandoning our k1 and getting married instead. 

[Sinead91 249]

I voided my k1 and filed for AOS. Sent the packet away at the start of the month. Frustrating to not have all my stuff with me but it was either that or go home and await our embassy to open (my case had been in transit for 3 months and the embassy hasn’t opened to this date)

 

very happy to have done it in the end. The $ spent on the k1 is wasted but alas....we are not separated right now  

[NovaDC 270]

49 minutes ago, Sinead91 said:

I voided my k1 and filed for AOS. Sent the packet away at the start of the month. Frustrating to not have all my stuff with me but it was either that or go home and await our embassy to open (my case had been in transit for 3 months and the embassy hasn’t opened to this date)

 

very happy to have done it in the end. The $ spent on the k1 is wasted but alas....we are not separated right now  

I’m glad it worked out with you. 

Getting married here and abandoning the K1 visa will be your best route to take OP.