Coronavirus, cancelled flights, K-1 vs marry and AOS?

[rotodash 1]

My Colombian fiancé is currently visiting me in the US (Atlanta) on her tourist visa to plan our wedding. We have been navigating our way through the K-1 visa process and our petition is approved, but we’re waiting on the embassy in Colombia to send her the packet/interview materials. Her flight home is April 1 (day 80 of the 90 days she can be here). 

 

Our wedding is tentatively scheduled late June, but that is increasingly less likely given the fact that the embassy has now cancelled any non-emergency visa interviews until further notice. 

We’re very worried that all flights will be cancelled and she won’t be able to leave the country before the 90 days is up (April 11). 

 

What should we do? Should we get married ASAP and file AOS before the 90 day mark? Is it even possible in this amount of time? In addition to being nervous about the potential visa fraud/permanent issues getting a visa, we don’t even know when the courthouse will be open or if we can get the additional forms filed in time. It was certainly not our intent to get married during this trip, but she did come on a tourist visa. 

I’m waiting to hear back from my immigration attorney, but any advice would be much appreciated. Thank you.

[DELETEME1234 208]

2 minutes ago, rotodash said:

What should we do?

That's a consideration you guys have to make for yourselves. 

 

2 minutes ago, rotodash said:

and file AOS before the 90 day mark?

That's not necessary persé, while her staying past the 90 day mark and not having filed before the 90 days will have her be here un an unauthorised manner (i.e. illegal) and she'll accrue overstay, overstay is forgiven for spouses of USC and the moment the filing is accepted she's in a state of authorised stay (i.e. it'll be forgiven). But generally speaking it is not advised to wait too long, because she'd be removable in the meantime. 

 

4 minutes ago, rotodash said:

 In addition to being nervous about the potential visa fraud/permanent issues getting a visa,

I'm not sure what you're alluding to with this. But if you're saying you're concerned how this would be perceived by the immigration officer adjudicating the AOS packet, then I'd say there's not much to worry about. Immigrant intent is determined at the POE by CBP, meaning that the fact that she was let in means that there was no immigrant intent legally speaking (unless there's strong compelling evidence pointing to the contrary).  

 

Seems that more importantly than to talk to a lawyer (its a relatively straightforward process), is to figure if you guys want to do this and if it's practical in terms of tying up stuff back home and getting the required documents. 

[rotodash 1]

30 minutes ago, Poseidon1212 said:

I'm not sure what you're alluding to with this. But if you're saying you're concerned how this would be perceived by the immigration officer adjudicating the AOS packet, then I'd say there's not much to worry about. Immigrant intent is determined at the POE by CBP, meaning that the fact that she was let in means that there was no immigrant intent legally speaking (unless there's strong compelling evidence pointing to the contrary).  

Yeah this is what I was alluding to. Did not realize that the risk would be so low. Thank you for the reassurance.

 

31 minutes ago, Poseidon1212 said:

Seems that more importantly than to talk to a lawyer (its a relatively straightforward process), is to figure if you guys want to do this and if it's practical in terms of tying up stuff back home and getting the required documents. 

This makes sense. We're both very much ready to be married and it would not be difficult tying up things back home for her (was planning to be here in late April/May on the K-1 anyway) but we'll need to review the required documents to make sure we have time and that the probate court is open.

 

Thank you for the response!

[Khevinox 11]

14 minutes ago, rotodash said:

Yeah this is what I was alluding to. Did not realize that the risk would be so low. Thank you for the reassurance.

 

This makes sense. We're both very much ready to be married and it would not be difficult tying up things back home for her (was planning to be here in late April/May on the K-1 anyway) but we'll need to review the required documents to make sure we have time and that the probate court is open.

 

Thank you for the response!

 

did you guys already had the interview? colombia  embassy is not doing interviews, but their administrative area is fully working. 

if i were you, i would just wait and be patient. follow up with the airlines, have them keep you posted.

 

the way i see it, is easier for her to flight back to colombia get her k1 visa issued and  just come back in. doing what you want to do seems so much complicated, specially not knowing whats going to happen for the upcoming weeks now with this virus.

 

[rotodash 1]

2 minutes ago, Khevinox said:

 

did you guys already had the interview? colombia  embassy is not doing interviews, but their administrative area is fully working. 

if i were you, i would just wait and be patient. follow up with the airlines, have them keep you posted.

 

That's the problem, she hasn't had her interview yet. Only our petition has been received and we are waiting for them to send the instructions to her for scheduling her interview. With scheduled interviews being cancelled we're doubtful new interviews are going to get scheduled any time soon. 

[payxibka 10,044]

What you do is your choice,  if it was me and given the circumstances,  there is but only one choice 

[rotodash 1]

10 hours ago, payxibka said:

What you do is your choice,  if it was me and given the circumstances,  there is but only one choice 

What’s the only choice?

[payxibka 10,044]

32 minutes ago, rotodash said:

What’s the only choice?

Tie the knot now

[Khevinox 11]

44 minutes ago, payxibka said:

Tie the knot now

but, wouldn't it raise red flags for them?

 

 

[payxibka 10,044]

Not in my opinion and particularly not under the current circumstances 

[Orangesapples 1,954]

If this pandemic doesn't qualify for change in circumstances, I don't know what does. Marry and adjust, try to file before her authorized stay is over so that she doesn't accrue illegal presence. Many others have done it, you'll be fine. You'll need things like her birth certificate, make sure you have those. 

[Nat&Amy 623]

14 hours ago, Khevinox said:

the way i see it, is easier for her to flight back to colombia get her k1 visa issued and  just come back in. doing what you want to do seems so much complicated, specially not knowing whats going to happen for the upcoming weeks now with this virus.

I entirely disagree. Marrying here and filing for AoS might be the best choice, not only because of health concerns (who would want to go on a long haul international flight these days? And then fly again when their visa is issued? Not only would they have to count on both countries still allowing flights in and out, as they would also have to risk being in airports, one of the hotspots for the coronavirus worldwide), but because at this point, consular processing has been suspended in many (if not the majority) of American Consulates all around the world. That delay alone could mean an extra financial burden, and if one or both countries imposes a lockdown, more hardship is likely to follow.

 

I am usually all for consular processing but this here is a clear case of change in circumstances that would entirely justify AoS.

 

 

Edited March 17, 2020 by Nat&Amy

[Khevinox 11]

16 minutes ago, Nat&Amy said:

I entirely disagree. Marrying here and filing for AoS might be the best choice, not only because of health concerns (who would want to go on a long haul international flight these days? And then fly again when their visa is issued? Not only would they have to count on both countries still allowing flights in and out, as they would also have to risk being in airports, one of the hotspots for the coronavirus worldwide), but because at this point, consular processing has been suspended in many (if not the majority) of American Consulates all around the world. That delay alone could mean an extra financial burden, and if one or both countries imposes a lockdown, more hardship is likely to follow.

 

I am usually all for consular processing but this here is a clear case of change in circumstances that would entirely justify AoS.

 

 

guys but you all leaving behind his main concern which is What should we do? Should we get married ASAP and file AOS before the 90 day mark? Is it even possible in this amount of time? In addition to being nervous about the potential visa fraud/permanent issues getting a visa, we don’t even know when the courthouse will be open or if we can get the additional forms filed in time.

 

sorry i just find this case interesting due to the circumstance .

Edited March 17, 2020 by Khevinox

[geowrian 22,335]

2 minutes ago, Khevinox said:

guys but you all leaving behind his main concern which is What should we do? Should we get married ASAP and file AOS before the 90 day mark? Is it even possible in this amount of time? In addition to being nervous about the potential visa fraud/permanent issues getting a visa, we don’t even know when the courthouse will be open or if we can get the additional forms filed in time.

You can go to Vegas and marry right now, then file the same day or tomorrow (I think LV gets you the marriage certificate right away...if not, you just need to wait for that).

So it is possible. Local laws apply so it may take a little longer to do it locally, but usually no more than 3-7 days. Just check how long it takes to get the marriage certificate...some areas that can take weeks.

Call ahead to ensure they are open and issuing licenses given the situation.

 

No potential fraud issue regarding intent here.

[Mike E 11,723]

In my unlicensed and non-degreed legal opinion, of you have her birth certificate and can find a County now that:

 

* does not have shelter in place orders

 

* is issuing marriage licenses

 

* can provide a marriage certificate before day 90

 

Then get marry her and do AOS.  
 

If you cannot marry and file AOS before day 90 then I suggest talking to a competent immigration lawyer.