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VisaDonnie

Anybody given up on getting a K1 Visa and just got married?

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Filed: AOS (pnd) Country: Venezuela
Timeline

So I am curious if anybody has given up on the K-1 process. I realize we are in the same boat as 100's of others but now it's getting down to crunch time. We were supposed to interview/physical/Biometrics in Bogota this week, but my fiancé is stuck here in the USA, our paperwork is held up by the NVC and she can't even fly to Bogota from the USA. On top of that her B2 Visa runs out in 4 weeks and she applied and paid for an extension ($455.00) but have heard nothing from the NVC. So in 4 weeks we have to make a decision to just go get married here in the USA and forget about the K-1 if we do not get her B2 Visa extended. Anybody else do this? what are the Pro's & Cons of doing this?

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Filed: K-1 Visa Country: Germany
Timeline

 

12 minutes ago, VisaDonnie said:

my fiancé is stuck here in the USA, our paperwork is held up by the NVC

If you in line for K1 visa interview at Bogota this week......its not possible that NVC has anything to do with it anymore......I hope you guys make a good decision. My thoughts? The lucky few.


Speak the truth even if your voice shakes

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Sounds like a viable plan to me.  No one knows when the current situation will bet better.  Several posters have done this due to a change in circumstances.  The issues, it seems to me, would be her ability to tie up loose ends in her home country. You will have to file an I-130 since she will be adjusting status from a tourist visa.  As with any Adjustment of Status, she will have to endure travel and work restrictions while awaiting her EAD and Advance Parole documents....good luck in your decision and immigration journey.

Edited by Lucky Cat

"The immigration process demands a great deal of knowledge, planning, time, patience, and money.  A deficit in any of these areas can spell heartbreak."

   -GB, "old man of much life experience"

 

Retired 20 year United States Air Force Missileer (Retired E-8)

Retired Registered Nurse with practice in Labor/Delivery, Home Health, Adolescent Psych, Adult Psych

Retired IT Professional, Software Developer, Database Manager

 

 

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Filed: Citizen (pnd) Country: Haiti
Timeline

Pro- she stays; doesn't have to go back to Colombia, no more separation for you both

Con- you spent a lot of money on two petitions, she can't "tie" things up back at home as she wouldn't be able to travel 

 

Also in regards to being stuck in the US she could have retuned on humanitarian flights back to Colombia. You can search VJ and see there have been multiple members post that they did this- adjusted status in the US.


Our K1 Journey    I-129f

Service Center : Texas Service Center   Transferred? California Service Center on 8/11/14

Consulate : Port au Prince, Haiti             I-129F Sent : 4/14/2014

I-129F NOA1 : 4/24/14                            I-129F NOA2 : 9/10/14

NVC Received : 9/24/14                          NVC Left : 9/26/14

Consulate Received : 10/6/14 CEAC status changed to ready

Packet 3 Received : 10/27/14 packet received by petitioner in USA ( beneficiary never received packet 3)

Medical: 10/30/14 Dr. Buteau                  Medical picked up: 11/3/14

Packet 3 Sent : 11/10/13.. Had to schedule interview appointment and attach confirmation receipt to packet

Interview Date : 12/1/14                           Interview Result : Approved !

Visa Received : 12/10/14 picked up at Jacmel location

US Entry : 12/15/14 Fort Lauderdale, Florida

Apply for Social Security Card: 12/30/14 Connecticut

Marriage: 1/26/15

 

Adjustment of Status

CIS Office : Hartford                                  Filed : 3/18/15

NOA : 3/25/15                                            Biometrics : 4/15/15

Approved: 8/31/15                                     Received: 9/8/15

 

EAD

CIS Office : Hartford                                  Filed : 3/18/15

NOA : 3/25/15                                            Approved: 6/12/15

Received: 6/20/15

 

Removal of Conditions I-751

Filed: 8/14/17 at VSC                                 NOA: 8/15/17 Received 8/21 by mail

Biometrics: Dated: 8/25/17   Received 9/2/17   Appointment 9/11/17 

Approved: 10/23/18 -no interview

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Filed: AOS (pnd) Country: Venezuela
Timeline
20 minutes ago, Luckycuds said:

Pro- she stays; doesn't have to go back to Colombia, no more separation for you both

Con- you spent a lot of money on two petitions, she can't "tie" things up back at home as she wouldn't be able to travel 

 

Also in regards to being stuck in the US she could have retuned on humanitarian flights back to Colombia. You can search VJ and see there have been multiple members post that they did this- adjusted status in the US.

I guess I should have clarified something, even tho the interview is in Bogota, she is from Venezuela, and there were no Humanitarian flights from the USA back to Caracas that we know of. Thanks for the reply.

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Filed: AOS (pnd) Country: Venezuela
Timeline
28 minutes ago, Lucky Cat said:

Sounds like a viable plan to me.  No one knows when the current situation will bet better.  Several posters have done this due to a change in circumstances.  The issues, it seems to me, would be her ability to tie up loose ends in her home country. You will have to file an I-130 since she will be adjusting status from a tourist visa.  As with any Adjustment of Status, she will have to endure travel and work restrictions while awaiting her EAD and Advance Parole documents....good luck in your decision and immigration journey.

No loose ends to tie up at this point. I have actually just written to my Congressman for some guidance. She is okay with travel and work restrictions its no different than it is now. Thanks for the reply.

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Filed: AOS (pnd) Country: Venezuela
Timeline
31 minutes ago, Sparkle Sparkle said:

 

If you in line for K1 visa interview at Bogota this week......its not possible that NVC has anything to do with it anymore......I hope you guys make a good decision. My thoughts? The lucky few.

Not in line but the date we were given that you had to interview by is running out this week. The NVC has our paperwork and has not given it to the embassy in Bogota, I just talked to them today. Thanks for the reply.

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Filed: K-1 Visa Country: Germany
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55 minutes ago, VisaDonnie said:

Not in line but the date we were given that you had to interview by is running out this week. The NVC has our paperwork and has not given it to the embassy in Bogota, I just talked to them today. Thanks for the reply.

Understood... Well she should be able to adjust status with no problem 


Speak the truth even if your voice shakes

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Filed: AOS (apr) Country: Russia
Timeline

In basically any case where

  • Your fiance(e) is currently in the US legally
  • Your fiance(e) did not intend to marry and adjust status when he or she entered in the US
  • Your fiance(e) is fine with not being able to leave the US* or work legally until EAD or green card (note: in many states you won't have the documents you need for a US driver's license for a while, and in most of the US it's difficult to get around without driving)

... then it's definitely okay marry and file for AOS if that's what you want to do.

 

* Technically, not being able to return to the US without a new visa if they leave (and getting a tourist visa while married to a US citizen can be difficult at best).

Edited by DaveAndAnastasia

K-1                             AOS
NOA1 Notice Date: 2018-05-31    NOA1 Notice Date: 2019-04-11
NOA2 Date: 2018-11-16           Biometrics Date: 2019-05-10
Arrived at NVC:  2018-12-03     EAD/AP In Hand: 2019-09-16
Arrived in Moscow: 2018-12-28   GC Interview Date: 2019-09-25
Interview date: 2019-02-14      GC In Hand: 2019-10-02
Visa issued: 2019-02-28
POE: 2019-03-11
Wedding: 2019-03-14

 

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Filed: IR-1/CR-1 Visa Country: Kenya
Timeline
10 hours ago, VisaDonnie said:

So I am curious if anybody has given up on the K-1 process. I realize we are in the same boat as 100's of others but now it's getting down to crunch time. We were supposed to interview/physical/Biometrics in Bogota this week, but my fiancé is stuck here in the USA, our paperwork is held up by the NVC and she can't even fly to Bogota from the USA. On top of that her B2 Visa runs out in 4 weeks and she applied and paid for an extension ($455.00) but have heard nothing from the NVC. So in 4 weeks we have to make a decision to just go get married here in the USA and forget about the K-1 if we do not get her B2 Visa extended. Anybody else do this? what are the Pro's & Cons of doing this?

Go ahead and do the I-130/I-485 AOS. No point going back to Venezuela just to come back here again since she is already here. Remember to apply for EAD and AP.

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Filed: AOS (apr) Country: Ireland
Timeline

I voided my k1 and filed for AOS. Sent the packet away at the start of the month. Frustrating to not have all my stuff with me but it was either that or go home and await our embassy to open (my case had been in transit for 3 months and the embassy hasn’t opened to this date)

 

very happy to have done it in the end. The $ spent on the k1 is wasted but alas....we are not separated right now :) 


Marriage Based AOS

  • Wedding: 05/16/2020
  • Packet sent: 01/07/2020
  • NOA1 i485, i130, i131 + i765: 08/10/2020
  • Biometrics i765: 10/07/2020
  • Biometrics i485: 10/20/2020
  • EAD + AP approved: 11/03/2020
  • EAD + AP card arrived: 11/09/2020
  • SSN arrived: 11/10/2020
  • Interview: 02/22/2021
  • Approved: 02/22/2021
  • GC arrived: 03/01/2021

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Filed: AOS (pnd) Country: Philippines
Timeline
49 minutes ago, Sinead91 said:

I voided my k1 and filed for AOS. Sent the packet away at the start of the month. Frustrating to not have all my stuff with me but it was either that or go home and await our embassy to open (my case had been in transit for 3 months and the embassy hasn’t opened to this date)

 

very happy to have done it in the end. The $ spent on the k1 is wasted but alas....we are not separated right now :) 

I’m glad it worked out with you. 

Getting married here and abandoning the K1 visa will be your best route to take OP. 

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