Colorado Couple Among Those Suing State Department To Be Together

DENVER (CBS4) – Hundreds of couples across the United States are awaiting a judge's ruling on their lawsuit against the State Department. The couples are suing to find out why the government has stopped processing K1 visas or visas for foreign born fiancés.

"These cases are languishing at various stages of DOS processing, with no end in sight," said a news release about the lawsuit.

Hannah Toole talks with her fiancé every day via video chat. Andrea Pedani returned to his home country of Italy in May. The couple was supposed to get married this summer, but the pandemic and a pause on visa processing has delayed their plans.

"Truly missing being together every day, that's people that you love," said Pedani, during a Zoom call.

"The separation, initially, it felt like heartbreak. True heartbreak," Toole told CBS4.

Shortly after the pandemic swept across the globe, visa processing started back up again, but according to the lawsuit, K1 visas were still on hold.

"What we have been seeing is that thousands of visas are being granted and yet the K1 visa…not one country will touch it," Toole explained.

The State Department sent CBS4 this statement:

"The department of State suspended routine visa services worldwide in March 2020 due to the COVID-19 pandemic. As global conditions evolve, U.S. Embassies and Consulates have initiated a phased resumption of routine visa services.

The resumption of routine visa services is on post-by-post basis, in coordination with the Department's Diplomacy Strong framework for safely returning our workforce to Department facilities. U.S. Embassies and Consulates have continued to provide emergency and  mission-critical visa services since March and will continue to do so as they are able. As post-specific conditions improve, our missions have begun providing additional services, culminating eventually in a complete resumption of routine visa services.

We are unable to provide a specific date for when each mission will resume specific visa services, or when each mission will return to processing at pre-COVID workload levels.

All of our missions continue to provide emergency and mission-critical visa services. As post-specific conditions permit, our missions are phasing in processing of K-1 nonimmigrant visa cases. Applicants should check the website of their nearest U.S. Embassy or Consulate for updates on what services that post is currently able to offer. An embassy or consulate will resume adjudicating all routine nonimmigrant and immigrant visa cases only when  adequate resources are available and it is safe to do so."

The lawsuit argues that the K1 visa is considered a family visa, which are the highest priority for processing.

"All we want is to be reunited with the people that we love, to have that opportunity to actually get married and start our life together," Toole said.

A judge has heard the arguments, and a ruling is eminent. Toole and Pedani are counting on a ruling in their favor.

"He and I have said this to each other 1,000 times…that we would go to the ends of the world and back and fight for each other and we are now in those circumstances where we have to," Toole said.