Stuck a NVC, US Consulate in Montréal isn’t taking new K1 cases!

[Gabs & Johnny 0]

I’m not sure where to go at this point but I’m desperate to find some hope. My fiancé and I are in the K1 Visa process (he is from Canada, I’m from the states), and have received our NOA2 in early June. I’ve called the NVC and they said they have a case number for our case but the US Consulate isn’t taking K1 visa cases (So we are just stuck there). The consulate’s website confirms that, infact they are mainly doing just spousal visas. I’m super discouraged that our visa won’t come in time for our wedding this Spring, and we just desire to see each other so badly. We haven’t seen each other since March and it’s painful since he only lives 5 1/2 hours away from me. To me the visa is like the one thing I’m hoping will allow him to move here even with the boarder closer. We cannot visit each other since our relationship is not considered exempt but even if it was we don’t have 14 days in either of our jobs to quarantine in Canada. I’m here to seeking to find people in similar situations and if people have heard from the Montréal US consulate. 

Edited August 31, 2020 by Gabs & Johnny

[Greenbaum 12,259]

9 hours ago, Gabs & Johnny said:

I’m not sure where to go at this point but I’m desperate to find some hope. My fiancé and I are in the K1 Visa process (he is from Canada, I’m from the states), and have received our NOA2 in early June. I’ve called the NVC and they said they have a case number for our case but the US Consulate isn’t taking K1 visa cases (So we are just stuck there). The consulate’s website confirms that, infact they are mainly doing just spousal visas. I’m super discouraged that our visa won’t come in time for our wedding this Spring, and we just desire to see each other so badly. We haven’t seen each other since March and it’s painful since he only lives 5 1/2 hours away from me. To me the visa is like the one thing I’m hoping will allow him to move here even with the boarder closer. We cannot visit each other since our relationship is not considered exempt but even if it was we don’t have 14 days in either of our jobs to quarantine in Canada. I’m here to seeking to find people in similar situations and if people have heard from the Montréal US consulate. 

He's Canadian and can travel to see you when the boarder is open. You have it much better than others. You have more options. He can visit and somehow the idea of getting married popped into your head and you and he marry and file the AOS. Good luck and stay engaged. 

[tanman22 14]

11 hours ago, Greenbaum said:

He's Canadian and can travel to see you when the boarder is open. You have it much better than others. You have more options. He can visit and somehow the idea of getting married popped into your head and you and he marry and file the AOS. Good luck and stay engaged. 

I urge you Gabs not to do this while what Greenbaum said is an option for those that visit and after 90 days just happen to decide to marry. If they were to go into the country with the intent to marry that is immigration fraud and could result in a lifetime ban from the US or a trip to immigration jail. Johnny has already declared he has immigration intent to to move permanently to the US with the k1. Even if you cancelled the k1 it would still be on record with the border guards and it WILL be brought up in your AOS interview. 

[stephcee 28]

I agree with Tanman up there, I wouldn't risk getting married right now and adjusting status (as tempting as it seems). From what I've heard, if you can't prove it wasn't visa fraud you could be banned from the states indefinitely. 

For some good news though, DOS has declared K1 visas as high priority and the Montreal Consulate says they are developing a plan to reschedule K1 interviews. I'm assuming once those are all rescheduled, they will start accepting new cases. Stay strong, you're almost there!! 

[missile 6]

I may be wrong but... he can visit, but please don't get married while he's there. You don't want to risk it.

[Zaraliaya 122]

On 8/30/2020 at 9:38 PM, Gabs & Johnny said:

I’m not sure where to go at this point but I’m desperate to find some hope. My fiancé and I are in the K1 Visa process (he is from Canada, I’m from the states), and have received our NOA2 in early June. I’ve called the NVC and they said they have a case number for our case but the US Consulate isn’t taking K1 visa cases (So we are just stuck there). The consulate’s website confirms that, infact they are mainly doing just spousal visas. I’m super discouraged that our visa won’t come in time for our wedding this Spring, and we just desire to see each other so badly. We haven’t seen each other since March and it’s painful since he only lives 5 1/2 hours away from me. To me the visa is like the one thing I’m hoping will allow him to move here even with the boarder closer. We cannot visit each other since our relationship is not considered exempt but even if it was we don’t have 14 days in either of our jobs to quarantine in Canada. I’m here to seeking to find people in similar situations and if people have heard from the Montréal US consulate. 

You can fly to the US. It's only the land border that is closed. But he would still have to quarantine when he gets back to Canada.

I was stuck at the p3 stage of the consulate since march when they closed. Super close to being able to get an interview. So yes, it sucks, but going to the US with intent on marrying and doing AOS is bad. You CAN get married, but he would have to go back, and start all over with a CR1 visa and that's just going to add a whole lot more time to you waiting.

[mushroomspore 3,044]

18 hours ago, missile said:

I may be wrong but... he can visit, but please don't get married while he's there. You don't want to risk it.

Technically, they can get married while he's visiting, but he would have to return to Canada and they would have to file CR1.

 

22 hours ago, tanman22 said:

I urge you Gabs not to do this while what Greenbaum said is an option for those that visit and after 90 days just happen to decide to marry. If they were to go into the country with the intent to marry that is immigration fraud and could result in a lifetime ban from the US or a trip to immigration jail. Johnny has already declared he has immigration intent to to move permanently to the US with the k1. Even if you cancelled the k1 it would still be on record with the border guards and it WILL be brought up in your AOS interview. 

Entering with intent to marry is not fraud. Entering with intent to marry AND stay to adjust is fraud. Intent is rarely brought up at AoS interviews unless the officers already suspect, which means they have investigated and found some evidence. They need multiple factors that point to fraud, not just one. Misrepresentation of intent by itself is not enough for an AoS denial.