Applying for K1 While I-129 Petition for TN Visa Extension is Pending

[steph7311 0]

Hello!

 

I'm a Canadian Citizen in the US on a TN Visa, however, I've been furloughed due to COVID-19.  My employer has filed the i-129 petition before my i-94 has expired, however, as of now, my i-94 has expired, and my status is pending.  

My boyfriend and I've been together for 4 years, and we had hoped to get married at the end of the year, if not early 2021, but with COVID-19, it is very likely for me to get laid off, which will force me to leave the US, so we're looking at applying for K-1 visa for us to be back together in the US.

Now, if I'm planning to move forward with K-1 as soon as I'm back in Canada, will my pending TN Visa Extension petition be an issue in the eyes of USCIS, or would it not matter since leaving the US while the petition is pending will mean I'm out of status any way?  With that being said, will it negatively affect my K-1 application whether I choose to resign or not before departing the US?

 

Thank you so much!

[powerpuff 6,747]

Why did you opt for K-1 in your situation? I would have just gotten married and filed I-130 instead. Then you won’t have to leave the US. With the K-1 you most definitely won’t be married by the end of the year or early 2021, especially with current consulate closures. 

Edited August 5, 2020 by powerpuff

[steph7311 0]

@powerpuff That was our first preference, and what we had intended to do initially, but we unfortunately had to decide to move forward with the K-1 option due to family matters 🤕🤕🤕  

[FlashLG 152]

16 minutes ago, steph7311 said:

@powerpuff That was our first preference, and what we had intended to do initially, but we unfortunately had to decide to move forward with the K-1 option due to family matters 🤕🤕🤕  

Without knowing the details of the 'family matters', could you not simply do a small legal wedding now (with no guests) and apply for AOS and then do a 'proper' wedding with all your friends and family at a later date?