Should we just get married?

[MKJ119 43]

I'm clueless about what the best option would be at this point because our plans were just to wait for the whole k-1 process to go through, so I never looked into anything else. My fiance just happened to be out here when the proverbial excrement hit the fan. About a week into his trip they declared this a pandemic, and then Wednesday he was supposed to fly back to Mexico, but we were hit with an earthquake and the airport was shut down and evacuated. So he's staying for now, I guess (honestly I'm so grateful to have him here with us during all of this). I don't even know if it would be an option for him to fly home as of today with everything going on with the US/Mexico border. He is a Venezuelan national with refugee status in Mexico, so who knows how that could fall through the cracks in a situation like this? His work is shutting down in Mexico for a few weeks anyway which buys us some time to figure this out. Technically he has six months on his tourist visa, so it's not like we'd be facing him overstaying for a while, but all of the uncertainty has me thinking why not get married? Is that even possible? Can you apply to adjust status from a tourist visa? I know I've heard that it's illegal to come here on a tourist visa with the intention of getting married, but that definitely wasn't the intention. This situation is scary and I want to marry him NOW. Haha!

 

I don't even know if any of these questions are even worth asking. There are just so many unknown factors going on with all of this. But if anyone has any advice for us, I'd love to hear it.

[designguy 1,179]

You can adjust if you think it’s the best fit for you now. Keep in mind that he won’t be able to work or leave until he has the AP/EAD Card. With the current situation who knows how long that will be. Could be a good year or more potentially so just keep that in mind 

[Just Paul 4,591]

5 minutes ago, MKJ119 said:

I'm clueless about what the best option would be at this point because our plans were just to wait for the whole k-1 process to go through, so I never looked into anything else. My fiance just happened to be out here when the proverbial excrement hit the fan. About a week into his trip they declared this a pandemic, and then Wednesday he was supposed to fly back to Mexico, but we were hit with an earthquake and the airport was shut down and evacuated. So he's staying for now, I guess (honestly I'm so grateful to have him here with us during all of this). I don't even know if it would be an option for him to fly home as of today with everything going on with the US/Mexico border. He is a Venezuelan national with refugee status in Mexico, so who knows how that could fall through the cracks in a situation like this? His work is shutting down in Mexico for a few weeks anyway which buys us some time to figure this out. Technically he has six months on his tourist visa, so it's not like we'd be facing him overstaying for a while, but all of the uncertainty has me thinking why not get married? Is that even possible? Can you apply to adjust status from a tourist visa? I know I've heard that it's illegal to come here on a tourist visa with the intention of getting married, but that definitely wasn't the intention. This situation is scary and I want to marry him NOW. Haha!

 

I don't even know if any of these questions are even worth asking. There are just so many unknown factors going on with all of this. But if anyone has any advice for us, I'd love to hear it.

You can marry and adjust.  Ofcourse he can't travel international without AP but I'm sure he isn't headed back to Venezuela and probably doesn't have mush to return to in Mexico.   You do have a little time to figure it out.

[Mike E 11,723]

He should stay.  
 

You should do your best to get married and file AOS before his authorized stay expires. 
 

 

[little immigrant 800]

Hi I felt the earthquake too. I would stay, get married and adjust. Good luck

[MKJ119 43]

Okay, so I've done some more research on this. It sounds like it could be an issue if there is any doubt that he might have come here with the intention to stay. I was thinking about it, and I think we should be able to present enough evidence to show there's just no way that was his intention: 

• He came with only a backpack, as he always does, for a two week trip. 
• He left everything: money, clothes, very important keepsakes - photos of his father who passed away, etc., his favorite pair of glasses. Literally everything behind in Mexico City. I will have to take a trip back to collect all of his stuff if he can't leave after we apply to adjust status.
• He has plenty of correspondence with his work and his jiu jitsu class about coming back in two weeks. He would have received a severance package (and while the peso was still good) if he had quit his job. 
• After he arrived, we still were taking steps to complete the K-1 process. I called and got the case number and we went through and completed the DS 160 together.

I really think we have enough to show that there's just no way he came here intending to stay. If anyone has any reasons why it would be a bad idea to do this, I want to hear all sides. 

 

@designguy @Paul & Mary @Mike E @little immigrant Thanks for the responses! I just want to make absolutely sure it's the right decision. I already started looking at dresses I could order online! We were already planning to do a quick legal ceremony anyway as soon as the K-1 went through and then a big reception later with family and friends. 

 

Also, I'm so sorry for everyone who is not with their loved one through this madness. I hope this isn't an insensitive topic. I know we are incredibly fortunate about the timing and I really hope things get under control soon or measures are taken to find a way to keep moving the immigration process during this.

[Just Paul 4,591]

2 minutes ago, MKJ119 said:

It sounds like it could be an issue if there is any doubt that he might have come here with the intention to stay.

Intent is determined at the POE.  Entering with just a backpack it a good thing.

 

Plan on you going to get his stuff in Mexico.  He wont be able to leave for 4 to 6 months after filing AOS/AP/EAD.

[VisaDonnie 54]

On 3/21/2020 at 12:42 AM, MKJ119 said:

I'm clueless about what the best option would be at this point because our plans were just to wait for the whole k-1 process to go through, so I never looked into anything else. My fiance just happened to be out here when the proverbial excrement hit the fan. About a week into his trip they declared this a pandemic, and then Wednesday he was supposed to fly back to Mexico, but we were hit with an earthquake and the airport was shut down and evacuated. So he's staying for now, I guess (honestly I'm so grateful to have him here with us during all of this). I don't even know if it would be an option for him to fly home as of today with everything going on with the US/Mexico border. He is a Venezuelan national with refugee status in Mexico, so who knows how that could fall through the cracks in a situation like this? His work is shutting down in Mexico for a few weeks anyway which buys us some time to figure this out. Technically he has six months on his tourist visa, so it's not like we'd be facing him overstaying for a while, but all of the uncertainty has me thinking why not get married? Is that even possible? Can you apply to adjust status from a tourist visa? I know I've heard that it's illegal to come here on a tourist visa with the intention of getting married, but that definitely wasn't the intention. This situation is scary and I want to marry him NOW. Haha!

I am in the same position as you. My fiancé came here from Venezuela for a family anniversary party and was going to be here for 10 days decided to stay little longer and then got stuck here. She is on a B1/B2 Visa as well and is good until mid August but we are thinking the same thing. We already got our NOA2, and waiting for the interview dates but with everything going on we also feel it may not happen for a long time and thinking about just getting married and do an AOS. It's not illegal to get married, but it is frowned upon on a B1/B2 visa, but under the current circumstances I think your going to be okay. Who would have known there was going to be a Pandemic?