Entering on K1, and leaving before getting married

[tangrien 7]

Thank you very much for that post, I had all of those thoughts flowing in my head, but it helps to see them in writing. I'll probably be rereading your post a few times.

-We tried contacting the consulate, but they were closed...we will try again today...(by phone). We emailed them as well. The only other way we'll be able to reach them is after she flies back to Canada, which will render option 2 impossible (marriage+aos..)

-we do have all the documents on hand, she organized all her documents for the interview in a big binder and brought it with her..

-there are quite a few reputable places here in California that issue same-day marriage certificates, so that would be okay

-The only issue is the infopass appointment, there doesn't seem to be any infopass appointments available any time soon..

Also, the risk of have our papers delayed as you mentioned once they reach the Chicago Lockbox is quite possible.

The only reason I'm leaning towards this more than the consulate solution is the fact that obtaining an AP before she leaves is safer than having her leave then find out if the consulate will/will not give her a K1...we will contact them today (if they're open) or tomorrow and hopefully they will give us some good news.

It sounds like you have all the information you need. I hope the consulate gives you good news. Let us know as soon as you hear from them!

Be aware that it says "the consular officer may issue a new K visa". It does not say they must, or they will.

This is absolutely true. Likewise, the local USCIS may give an emergency AP. But the order matters! If you call/e-mail the consulate while you are still in the US, and explain your situation, you can find out with reasonable certainty if they'll grant you a new K visa or not. If they say no, you can always go the AP route.

However the inverse is not true. If you get married, file AOS, go to the local USCIS office and they deny your emergency AP, then you cannot try to get a K1 reissued. You'll have to wait for the 3 months+ it takes for the greencard, leave and abandon your AOS, or call a senator/representative and beg for intervention.

[Ontarkie 13,925]

Just another thought here if you are dealing with Montreal you could be waiting a long time for them to even reply to you (they take an average of 2 weeks by email and don't accept calls). Montreal is notoriously slow and there's a good chance she would run out of time to get it re- issue. Hurry to get married and get the AOS filled. Once you get the your receipt then get an info pass and ask for an emergency AP. You already spent how many days trying to contact them, that's time wasting.

[ChicagoSarah 127]

If you get married, immediately get a certified copy of marriage certificate from court (explain circumstances and ask officiant for certificate and deliver to court yourself or accompany him/her to courthouse with certificate in-hand) and already have I-485 packet ready to go with I-131 (Advance Parole)and I-765 (Work Authorization) with a cover letter requesting reason for expedited AP. Also include form G-1145 for email/text notification of NOA. Make copies!!!

Overnight/Priority Mail that sucker!

You cant get AP until i-485 has been accepted by USCIS.

Set an INFOPASS at local office appointment approximately 7 days from the day you mail I-485 to be safe. You should recieve your NOA on or around day 5.

Take NOA and necessary documents to INFOPASS appt to get AP. Show officer your copy of I-485 packet. They will most likely expedite your current I-131 and you wont have to pay for emergency AP.

With this method, you may recieve Expedited AP in as little as 7 days from wedding.

Expedited AP and Emergency AP are two different animals.

I second this advice. The AOS paperwork is not that complicated. You already proved bonafide marriage during the K1 process, so you just need to send your marriage certificate with all the AOS forms. No additional proof is necessary at this stage.

I'd still hope that the reissuance of the K1 will work for you, but it sounds like Montreal may not be able to accomodate in the time frame you need.

We're all really hoping for the best for you guys!

[SweetSimplicity 1]

so we actually went today to try to get the marriage certificate but apparently they only issue the license the same day, you have to wait about 5 to 6 weeks for the marriage certificate

from what I understand you need the actual marriage certificate to be able to apply for adjustment of status... the marriage license is only a permit allowing you to get married

also we tried contacting the embassy as well as the consulate but were not able to reach anyone...

I think we're out of choices here...does anyone know if a certificate certified by religious authority would be acceptable along with a copy of the marriage license or do you really need the marriage certificate?..

She's says shes leaving in a couple of days... were both really disheartened at the idea of having to restart the hole immigration process that took us 1.5 years to complete...

[Misha'sgirl 44]

https://arcc.sdcounty.ca.gov/Pages/marriage-licenses.aspx Certified copies in one week. I don't know your county though and it might be different news for your county clerk office.