cr1 possibility

[jkminney 30]

Brief history...filed for K1 visa, received visa, fiance came into the U.S. was here about 6 wks and had to go back due to an illness in the family. If we were to get married are we able to go through the CR1 process? I will mention that about 8 years ago I did go through the AOS process with my ex husband. I thought I've read somewhere that if you've filed a certain number of petitions you would need to file a waiver? I wasn't sure if it was you were filing for the same sort of visa or if it mattered that they are different. We want to get married and have a life just not sure what to do because of this rather large bump in the road what our next step should be. Any help would be appreciated....it's been the week from hell for us as far as trying to make the best decision possible given the situation.

Thanks everyone for all the help along the way....looks like I'll be needing it a little longer than I orginally thought!

[pushbrk 12,898]

Brief history...filed for K1 visa, received visa, fiance came into the U.S. was here about 6 wks and had to go back due to an illness in the family. If we were to get married are we able to go through the CR1 process? I will mention that about 8 years ago I did go through the AOS process with my ex husband. I thought I've read somewhere that if you've filed a certain number of petitions you would need to file a waiver? I wasn't sure if it was you were filing for the same sort of visa or if it mattered that they are different. We want to get married and have a life just not sure what to do because of this rather large bump in the road what our next step should be. Any help would be appreciated....it's been the week from hell for us as far as trying to make the best decision possible given the situation.

Thanks everyone for all the help along the way....looks like I'll be needing it a little longer than I orginally thought!

Yes, you can go through the CR1 process if you marry but to marry in the UK is possible but problematic. Your fiance entering the USA again with a used K1 visa in his passport and no Advance Parole is even more problematic. First you'll have to find a way to actually marry.

[jkminney 30]

Yes, you can go through the CR1 process if you marry but to marry in the UK is possible but problematic. Your fiance entering the USA again with a used K1 visa in his passport and no Advance Parole is even more problematic. First you'll have to find a way to actually marry.

Why would it be a problem for him to come back to the U.S. for a visit? He left the country before the 90 days. If he followed the rules of the visa...didn't get married and left before the 90 days. I realize that he would have to bring strong ties to the UK but I can't imagine that there aren't people who have decided not to get married for whatever reason and have come back to the U.S. for vacation or whatever.

[Scott and Mhay 57]

I believe the thinking of the border official (immigration) would see the k-1 (even though it is used) in there and see that he would be trying to enter under the VWP right? In their eyes he will have someone in the US and possibly try to just adjust status on the VWP. It would probably be better for you to go to England and get married and refile for the CR-1.

[pushbrk 12,898]

I believe the thinking of the border official (immigration) would see the k-1 (even though it is used) in there and see that he would be trying to enter under the VWP right? In their eyes he will have someone in the US and possibly try to just adjust status on the VWP. It would probably be better for you to go to England and get married and refile for the CR-1.

Exactly but the USC needs a visa to marry in the UK. K1 visa holders who leave without marriage and advance parole are no longer just VWP candidates BECAUSE that K1 visa is in their passport. It might work but probably only if the K1 is not actually seen by the CBP. That's not something predictable or that you can control.

[jkminney 30]

Exactly but the USC needs a visa to marry in the UK. K1 visa holders who leave without marriage and advance parole are no longer just VWP candidates BECAUSE that K1 visa is in their passport. It might work but probably only if the K1 is not actually seen by the CBP. That's not something predictable or that you can control.

Ok so for arguement sake we get married. I file the I-130 and the G-325 forms...is that all you intially fill out? I know that we have to include my birth certifcate, passport photos and that sort of stuff but just those couple forms seems stange to me. It seems way too easy? My brain is till on K-1 mode and maybe that's the problem. I now feel lost again. I has all this K-1 business down to a T and now....not so much.

Your help is very much appreciated.

Jaymie

[jkminney 30]

Ok so for arguement sake we get married. I file the I-130 and the G-325 forms...is that all you intially fill out? I know that we have to include my birth certifcate, passport photos and that sort of stuff but just those couple forms seems stange to me. It seems way too easy? My brain is till on K-1 mode and maybe that's the problem. I now feel lost again. I has all this K-1 business down to a T and now....not so much.

Your help is very much appreciated.

Jaymie

By the way my typing is WAYYY bad hahaha so I'm sorry for the crappy typing. I did make it past 2nd grade

[trailmix 77]

Yes, just those two forms - they form your petition to get started. Yes that part is easy

Once the petition is approved your file will move on to the National Visa Center - this is where the real paperwork begins. You will pay the fees and file the I-864 (affidavit of support) and the DS-230 with NVC.

Once that is all done and approved you will be in line for an interview at your U.S. consulate.