Abandon K-1 to marry and apply for AOS? Very confused and need some insight

[LogicBomb 0]

Hello everyone, I'm a US citizen and my fiancée is Canadian. We filed for a K-1 last year and were approved in March 2020 right before the COVID-19 shut-downs. My fiancée was laid off in the following months and we decided the best course of action was for her to come to the US and stay with me for awhile. We recently found out she has narcolepsy which leaves her incapable of doing a lot of things on her own. Back in Canada she doesn't have any family or friends for support and I'm worried about how she will get her medical done and fly to the consulate in Montreal on her own.

 

I've already applied to the IRCC for permission to travel to Canada to be with extended family but I haven't been approved yet. I'm also not able to leave my job for 2+ weeks to do the mandatory quarantine in Canada. Her 6 months in the US is almost up and we're confused as to what we should do next. Is it possible for us to marry in the US while she is still here and for her to apply for AOS to stay with me? We did not intend to do things this way, we wanted to go the K-1 route but it's incredibly difficult given the circumstances.

 

Sorry for the lengthy post and thanks in advance for any help.

[HRQX 4,145]

23 minutes ago, LogicBomb said:

Is it possible for us to marry in the US while she is still here and for her to apply for AOS to stay with me?

Yes. You'll send the following items after marriage; I-130 and I-864 are filled-out by the US citizen, and the rest by the immigrant. In general, send the following four packets (*note that I-765 and I-131 packets are optional, but highly recommended) in the same envelope to the Chicago Lockbox:

• I-130 with I-130A and copy of marriage certificate, filing fees, etc.;
• I-485 with I-864 and supporting documents, I-944 and supporting documents, electronic I-94 copy, filing fees, etc.;
• I-765 with electronic I-94 copy, etc.; and
• I-131 with electronic I-94 copy, etc.

You'll separate each packet with rubber bands or fasteners: https://www.uscis.gov/forms/forms-information/form-filing-tips

On the I-130 packet, I-130 payment method (check, money order, or Form G-1450) must be the very first item of this packet.

On the I-485 packet, I-485 payment method (check, money order, or Form G-1450) must be the very first item of this packet.

Edited December 3, 2020 by HRQX

[LogicBomb 0]

22 hours ago, HRQX said:

Yes. You'll send the following items after marriage; I-130 and I-864 are filled-out by the US citizen, and the rest by the immigrant. In general, send the following four packets (*note that I-765 and I-131 packets are optional, but highly recommended) in the same envelope to the Chicago Lockbox:

• I-130 with I-130A and copy of marriage certificate, filing fees, etc.;
• I-485 with I-864 and supporting documents, I-944 and supporting documents, electronic I-94 copy, filing fees, etc.;
• I-765 with electronic I-94 copy, etc.; and
• I-131 with electronic I-94 copy, etc.

You'll separate each packet with rubber bands or fasteners: https://www.uscis.gov/forms/forms-information/form-filing-tips

On the I-130 packet, I-130 payment method (check, money order, or Form G-1450) must be the very first item of this packet.

On the I-485 packet, I-485 payment method (check, money order, or Form G-1450) must be the very first item of this packet.

Thank you for the information, it was very helpful. I have one last question that you might be able to answer. If we marry here and file for AOS, will we be able to go to Canada to collect her things and fly back into the US without issue? Or do we need to finish the AOS before she can leave and re-enter the US without trouble?

[milimelo 4,561]

7 minutes ago, LogicBomb said:

Thank you for the information, it was very helpful. I have one last question that you might be able to answer. If we marry here and file for AOS, will we be able to go to Canada to collect her things and fly back into the US without issue? Or do we need to finish the AOS before she can leave and re-enter the US without trouble?

If she leaves without an approved and in-hand advance parole she will have abandoned AOS and won’t be able to return until she gets an immigrant visa. 

[Chancy 6,243]

3 minutes ago, LogicBomb said:

If we marry here and file for AOS, will we be able to go to Canada to collect her things and fly back into the US without issue? Or do we need to finish the AOS before she can leave and re-enter the US without trouble?

 

She will not be able to return to the US if she leaves without advance parole (travel permit) or a green card.  AP took around 6 to 8 months pre-COVID, but many now have been waiting for close to a year.