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shaolincrane

Fiance visiting while waiting for K1 Interview Japan, now what?

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Filed: K-1 Visa Country: Japan
Timeline

My fiance lost her job due at her hotel due to covid 19 and since her apartment was tied to her contract, lost that too. Her interview was canceled (10 days away anyhow) and we decided she could visit me and wait here for an interview date to go back

 

Now Japan has cutoff all visitors from the US and have mandatory 14 day self funded quarantine, no use of public transportation, etc. We have no idea if the embassy there will even reopen this year, not to mention the risk to herself not just from catching Covid-19, but to the potential for local backlash in Japan from her returning home "unnecessarily" as there has been a string of violent response to others in similar situations. Nor would I even be able to accompany her to marry in Japan (along with my passport being stolen on Monday)

 

So all in all I believe our best and safest course of action would be for her to stay, marry and file AOS, and start a new petition. 

 

Am I right to think this is a viable course of action given the current climate? And what steps should I take from here? Formally withdraw our K1 application and then file a new one after?

 

Thanks in advance.

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Filed: Citizen (apr) Country: Australia
Timeline
4 minutes ago, shaolincrane said:

My fiance lost her job due at her hotel due to covid 19 and since her apartment was tied to her contract, lost that too. Her interview was canceled (10 days away anyhow) and we decided she could visit me and wait here for an interview date to go back

 

Now Japan has cutoff all visitors from the US and have mandatory 14 day self funded quarantine, no use of public transportation, etc. We have no idea if the embassy there will even reopen this year, not to mention the risk to herself not just from catching Covid-19, but to the potential for local backlash in Japan from her returning home "unnecessarily" as there has been a string of violent response to others in similar situations. Nor would I even be able to accompany her to marry in Japan (along with my passport being stolen on Monday)

 

So all in all I believe our best and safest course of action would be for her to stay, marry and file AOS, and start a new petition. 

 

Am I right to think this is a viable course of action given the current climate? And what steps should I take from here? Formally withdraw our K1 application and then file a new one after?

 

Thanks in advance.

Yes. You can legally do the marry /AOS route. Don’t wait .  You can write to withdraw the K1 but it’s nit necessary to get any chance confirmation  etc before you do AOS   Be aware of the travel and employment impact of AOS. Apply for the EAD and AP at the same time as the AOS 

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Filed: AOS (pnd) Country: Japan
Timeline

I think there's a certain timeframe you should get married if on a tourist visa.

Because they could think that her purpose of going to the US was to get married. 

You would have to prove it's not a fraud to avoid getting her deported. 

 

I don't know much about this, that's just what I read before starting my k1.

Edited by CamilaM

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You can marry here now.   Intent was determined when she entered the US.


March 2, 2018  Married In Hong Kong

April 30, 2018  Mary moves from the Philippines to Mexico, Husband has MX Permanent Residency

June 13, 2018 Mary receives Mexican Residency Card

June 15, 2018  I-130 DCF Appointment in Juarez  -  June 18, 2018  Approval E-Mail

August 2, 2018 Case Complete At Consulate

September 25, 2018 Interview in CDJ and Approved!

October 7, 2018 In the USA

October 27, 2018 Green Card received 

October 29, 2018 Applied for Social Security Card - November 5, 2018 Social Security Card received

November 6th, 2018 State ID Card Received, Applied for Global Entry - Feb 8,2019 Approved.

July 14, 2020 Removal of Conditions submitted by mail  July 12, 2021 Biometrics Completed

August 6, 2021 N-400 submitted by mail

September 7, 2021 I-751 Interview, Sept 8 Approved and Card Being Produced

October 21, 2021 N-400 Biometrics Completed  

November 30,2021  Interview, Approval and Oath

December 10, 2021 US Passport Issued

August 12, 2022 PHL Dual Nationality Re-established & Passport Approved 

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Filed: Citizen (apr) Country: Russia
Timeline

Check out the guides, it might be helpful to you:

 

:guides:

 

 

She will be eligible for AOS because intent was determined at the border, as @Paul & Mary mentioned. First step is to get married, of course.


Необычные линейки на рабочий стол 

🇷🇺 CR-1 via DCF (Dec 2016-Jun 2017) & I-751 ROC (Apr 2019-Oct 2019)🌹

Spoiler

Info about my DCF Moscow* experience here and here

26-Jul-2016: Married abroad in Russia 👩‍❤️‍👨
21-Dec-2016: I-130 filed at Moscow USCIS field office*
29-Dec-2016: I-130 approved! Yay! 🎊 

17-Jan-2017: Case number received

21-Mar-2017: Medical Exam completed

24-Mar-2017: Interview at Embassy - approved! 🎉

29-Mar-2017: CR-1 Visa received (via mail)

02-Apr-2017: USCIS Immigrant (GC) Fee paid

28-Jun-2017: Port of Entry @ PDX 🛩️

21-Jul-2017: No SSN after three weeks; applied in person at the SSA

22-Jul-2017: GC arrived in the mail 📬

31-Jul-2017: SSN arrived via mail, hurrah!

 

*NOTE: The USCIS Field Office in Moscow is now CLOSED as of February 28th, 2019.

 

Removal of Conditions - MSC Service Center

 28-Jun-2019: Conditional GC expires

30-Mar-2019: Eligible to apply for ROC

01-Apr-2019: ROC in the mail to Phoenix AZ lockbox! 📫

03-Apr-2019: ROC packet delivered to lockbox

09-Apr-2019: USCIS cashed check

09-Apr-2019: Case number received via text - MSC 📲

12-Apr-2019: Extension letter arrives via mail

19-Apr-2019: Biometrics letter arrives via mail

30-Apr-2019: Biometrics appointment at local office

26-Jun-2019: Case ready to be scheduled for interview 

04-Sep-2019: Interview was scheduled - letter to arrive in mail

09-Sep-2019: Interview letter arrived in the mail! ✉️

17-Oct-2019: Interview scheduled @ local USCIS  

18-Oct-2019: Interview cancelled & notice ordered*

18-Oct-2019: Case was approved! 🎉

22-Oct-2019: Card was mailed to me 📨

23-Oct-2019: Card was picked by USPS 

25-Oct-2019: 10 year GC Card received in mail 📬

 

*I don't understand this status because we DID have an interview!

 

🇺🇸 N-400 Application for Naturalization (Apr 2020-Jun 2021) 🛂

Spoiler

Filed during Covid-19 & moved states 1 month after filing

30-Mar-2020: N-400 early filing window opens!

01-Apr-2020: Filed N-400 online 💻 

02-Apr-2020: NOA 1 - Receipt No. received online 📃

07-Apr-2020: NOA 1 - Receipt No. received via mail

05-May-2020: Moved to another state, filed AR-11 online

05-May-2020: Application transferred to another USCIS field office for review ➡️

15-May-2020: AR-11 request to change address completed

16-Jul-2020: Filed non-receipt inquiry due to never getting confirmation that case was transferred to new field office

15-Oct-2020: Received generic response to non-receipt inquiry, see full response here

10-Feb-2021: Contacted senator's office for help with USCIS

12-Feb-2021: Received canned response from senator's office that case is within processing time 😡

16-Feb-2021: Contacted other senator's office for help with USCIS - still no biometrics

19-Feb-2021: Biometrics reuse notice - canned response from other senator's office 🌐

23-Feb-2021: Interview scheduled - notice to come in the mail

25-Feb-2021: Biometrics reuse notice arrives via mail

01-Mar-2021: Interview notice letter arrives via mail  ✉️ 

29-Mar-2021: Passed interview at local office! Oath Ceremony to be scheduled

13-Apr-2021: Oath Ceremony notice was mailed

04-May-2021: Oath Ceremony scheduled 🎆 Unable to attend due to illness

04-May-2021: Mailed request to reschedule Oath to local office

05-May-2021: "You did not attend your Oath Ceremony" - notice to come in the mail

06-May-2021: Oath Ceremony will be scheduled, date TBA

12-May-2021: Oath Ceremony re-scheduled for June 3rd, then de-scheduled same day 😡 

25-May-2021: New Oath Ceremony notice was mailed

16-Jun-2021: Oath Ceremony scheduled 🎆 - DONE!!

17-Jun-2021: Certificate of Naturalization issued

 

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