I got married in America but I have a pending K1

[Heidi9292 10]

I haven't been here for a while.  I entered the US in February with b2 to escape coronavirus (I feel a bit stupid to say that now) and be with my fiance (now husband) in this unstable time. We received my K1 approval in April (NOA2) . With things got worse, we decided to get married directly. We had to wait because the whole city was in quarantine, finally we got married in August online (talking about being modern, yay!).

 

I didn't think about the K1 for a long time since I no longer need it. It just hit me today that I never received anything from USCIS after the NOA2. No package, no phone call, nothing. I still have my Chinese phone number active just in case they get in touch with me. But I have nothing.  I already filed my adjustment of status as an American citizen's spouse. I am just not sure should I ask about my k1 or cancel the application somewhere?

 

thanks in advance

[JFH 12,191]

The petitioner nerds to contact USCIS to get the petition withdrawn as the benefit is no longer being sought. 

[JFH 12,191]

*~*~*moved from “K-1 fiancé visa process and procedures” to “AOS from work/study/tourist visas”*~*~*

[gregcrs2 1,778]

1 hour ago, Heidi9292 said:

I haven't been here for a while.  I entered the US in February with b2 to escape coronavirus (I feel a bit stupid to say that now) and be with my fiance (now husband) in this unstable time. We received my K1 approval in April (NOA2) . With things got worse, we decided to get married directly. We had to wait because the whole city was in quarantine, finally we got married in August online (talking about being modern, yay!).

 

I didn't think about the K1 for a long time since I no longer need it. It just hit me today that I never received anything from USCIS after the NOA2. No package, no phone call, nothing. I still have my Chinese phone number active just in case they get in touch with me. But I have nothing.  I already filed my adjustment of status as an American citizen's spouse. I am just not sure should I ask about my k1 or cancel the application somewhere?

 

thanks in advance

What do you mean you "GOT MARRIED ONLINE"?

[HRQX 4,145]

58 minutes ago, gregcrs2 said:

What do you mean you "GOT MARRIED ONLINE"?

Sounds like WebWed or similar apps that local jurisdictions have allowed because of the Covid-19 pandemic. Since OP and spouse live together it can be reasonably assumed that they were "physically present in the presence of each other" and/or the marriage was consummated. Thus, the marriage is valid for USCIS purposes; see INA 101(a)(35): "The term "spouse", "wife", or "husband" do not include a spouse, wife, or husband by reason of any marriage ceremony where the contracting parties thereto are not physically present in the presence of each other, unless the marriage shall have been consummated."

[SteveInBostonI130 3,488]

Hi @Heidi9292

 

Your husband needs to withdraw the K1 petition.  USCIS may refuse your I-130 because there is a current petition in progress.

 

Also, just as an fyi, there is no additional notice stateside after NOA2 for K1.  The next notice will be when the embassy is ready for the interview, at which point the embassy will send an email to the beneficiary with instructions to apply for DS-160, schedule a medical, pay MRV fee, have certain documents ready to bring to the interview, etc.  NVC does not contact anyone for a K1 case.

[payxibka 10,047]

9 minutes ago, SteveInBostonI130 said:

 

  NVC does not contact anyone for a K1 case.

Actually not true.  NVC notifies the petitioner when the case ships to the consulate. 

[SteveInBostonI130 3,488]

2 minutes ago, payxibka said:

Actually not true.  NVC notifies the petitioner when the case ships to the consulate. 

 

You are correct sir.  I can't believe I forgot that - I got our notice in Jan 2019 - less than 2 years ago.  And I already had my coffee when I posted....

[Verrou 1,962]

20 hours ago, gregcrs2 said:

What do you mean you "GOT MARRIED ONLINE"?

in NYC u can marry online with the cupid project host by NYC city hall

they used zoom if i remember, have to have officiant also witnesses.....all online and dont have to be on the same place ( except the couple has to be on the same room )

city hall still closed in NYC . 

Edited October 21, 2020 by Misscloud

[igoyougoduke 1,676]

4 minutes ago, Misscloud said:

in NYC u can marry online with the cupid project host by NYC city hall

they used zoom if i remember, have to have officiant also witnesses.....all online and dont have to be on the same place ( except the couple has to be on the same room )

city hall still closed in NYC . 

so its really not online where the bride is in Australia and Groom is in Idaho 

[Verrou 1,962]

31 minutes ago, James120383 said:

so its really not online where the bride is in Australia and Groom is in Idaho 

I under assumption that the OP got married in USA with her partner...she said she entered USA on February 

[Heidi9292 10]

22 hours ago, Misscloud said:

I under assumption that the OP got married in USA with her partner...she said she entered USA on February 

correct. We live in New York where the marriage office was closed since March. But the governor has this special order for us to get married via zoom, but the couple still need to be in the same room.

[Heidi9292 10]

On 10/20/2020 at 3:35 PM, JFH said:

The petitioner nerds to contact USCIS to get the petition withdrawn as the benefit is no longer being sought. 

got it, thank you, will let him do this

[Heidi9292 10]

On 10/20/2020 at 4:37 PM, gregcrs2 said:

What do you mean you "GOT MARRIED ONLINE"?

the previously explanation by misscloud was correct. We live in New York City where the marriage office was closed since March But, governor Cuomo had a special order for couples in New York to get married online. We met up with a city clerk via zoom and got our digital marriage license. Then, we scheduled a private video call (and the call need to be recorded) with our officiant and witnesses to get married. We e-signed the license and other possible documents, and then upload it with the recorded video to a website. We received our marriage certificate via mail in about 2 weeks. To do this, we need to be in the same room during the video call, but officiant and witnesses don't have to.

[Heidi9292 10]

23 hours ago, James120383 said:

so its really not online where the bride is in Australia and Groom is in Idaho 

yes, the whole process was online, but the couple have to be in the same room in NYC(since this is a NYC project). We got married in my husband's home office, while our officiant was in vermont, one witness was in florida, and one witness was in their own home in nyc. It was quite an experience to get married while wearing flip flops.