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About rotodash

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  • Immigration Status
    K-1 Visa
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    California Service Center
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    Atlanta GA
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  1. Sorry for the confusion. Since this potential plan only occurred to us yesterday, I meant 90 days was the length of her authorized stay. With 25 days left I'm not sure we can get the NOA1 before then, but we should be able to get the forms delivered to USCIS by then as long as we can get marriage certificate in the next three weeks. We're going to try to get a marriage license this afternoon, have a small ceremony ASAP, and will have to mail in for the certificate as the magistrate courts/ceremonies are all closed for 30 days.
  2. Sorry, I'm confused. We're not contemplating waiting and having her stay here unlawfully, we want to avoid that at all costs. My question is if we are able to get marriage certificate and file the 130/485 before her 90 days are up (25 days from now), but the NOA takes another 2-3 weeks, is she staying unlawfully during that time frame? Or does "USCIS records the AOS was received" something that happens once they just receive the forms in the mail? We recognize the risks of overstay are significant but weren't sure the timing of marriage/filing.
  3. Okay yes that distinction makes sense. I guess that means we have about 21 days to get the marriage certificate and mail the forms. Too close for comfort. What's the risk of accruing unlawful presence? Once USCIS receives the forms, assuming it's after April 11, she would then no longer be here unlawfully, right?
  4. Thank you, everyone! We really appreciate the advice. I think we've decided to move forward with getting married and filing AoS. I've called the local probate offices here and they are still issuing marriage licenses (in person) and certificates (by mail). Day 90 is April 11. That gives us 25 days. I feel like even through the mail we can get a marriage certificate by then, but what is the actual cutoff? Do we just need our marriage certificate dated within the 90 days, will they have to have received the I-130 and I-485 by then, or some sort of acceptance/other milestone?
  5. 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.
  6. 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!
  7. 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.
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