K1 still pending marriage date looms

V

VreonTragula

New Member
Hi there,

My fiance submitted the 129F on October 5th as we did not want to get it too soon before our wedding date (April 20th). I still live and work in Canada. On Tuesday he called the Vermont office and found out they're only on August submissions. We're now worried it won't be ready in time for the wedding.

Biggest problem: I have put in notice to leave my job on April 14th as I am under the impression that once married, it's not advisable to return to Canada as I may not be allowed back in the US; however, since I have not submitted the EAD yet, I am facing a long period of unemployment after the wedding. Can I submit the I-765 w/o having the visa?

Since my 129F is still being processed, can I get married and then return to Canada to work until the paperwork is done? Will I be allowed to enter the US when I am ready to move?

I am hoping this is only going to need to extend my employment a few weeks and not months.

As well, what is the time frame after I receive the letter from the consulate? Do the next steps (interview/medical stuff/approval) take a very long time?

Hoping someone can give me some good advice.

Thanks!
Laura
 
Biggest problem: I have put in notice to leave my job on April 14th as I am under the impression that once married, it's not advisable to return to Canada as I may not be allowed back in the US; however, since I have not submitted the EAD yet, I am facing a long period of unemployment after the wedding. Can I submit the I-765 w/o having the visa?

If you are not entering on the K1 visa, then you can enter visa free as a tourist- marrying will not prevent you from being able to return. I think you're thinking about when people enter on the K1 they are not able to leave and return to the US without AP or GC, but seeing as you wont be entering on the K1 if it is not approved by then then this is a moot point.
If you must marry during this date, then you will void the K1 visa, return back to Canada and then proceed with a spousal visa.



Since my 129F is still being processed, can I get married and then return to Canada to work until the paperwork is done? Will I be allowed to enter the US when I am ready to move?
If you get married before you enter the US on an approved K1 visa, then the K1 visa petition will be voided and you will have to start all over again with a spousal visa (including having to pay out for another visa petition and just sucking up the K1 petition costs and the time waiting to get to that point in the process). This is why it is stressed not to make ANY unchangeable plans until you officially have your visa in hand.
If your wedding date is completely unchangeable and abandoning it will result in significant financial loss, then my suggestion would be to have this as an 'unofficial ceremony'. Do not sign any papers- do not become legally married- you both leave the ceremony with same marital status as you did before it began, ie single. Then you as a still fiance return back to Canada to wait out the rest of the K1 process, then when the visa is in hand, enter the US and then you can have a small courthouse wedding to become officially married and then proceed with the AOS process (this is when you will submit the paperwork to get an EAD and AP).

Again, I cannot stress enough that if you enter the US without a K1 visa in your passport, you officially get married and then return to Canada you CANNOT, I repeat CANNOT continue with the K1 process and will have to start all over with a spousal visa.
 
Thank you so much for your reply! I have checked with our officiant and she can perform a 'symbolic' ceremony instead.

Hoping however that this will all be moot closer to the day but would rather be prepared for the worst case scenario.

Thanks again!!

Laura
 
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