CR1 vs K1 for time to i-765 approval?

[NickandNoelle 0]

Hi All,

I'm Nick and my fiance is Noelle, we're new members here. I've been using your very helpful stats, guides and examples pages to prepare some paperwork for our K1, but we're currently mulling over going with the CR1 route.

Our situation:

I am currently in the US on the Visa Waiver Program. I am a UK citizen, Noelle is a US citizen.

We got engaged last Friday, and my VWP expires March 21st.

I am currently unemployed, previously working as a QA Tester at SEGA in London - but it somewhat seasonal and they let most of us go during the summer.

Noelle is working on her masters and currently not earning money. She'll graduate in May and probably get a decent paying job, but in terms of visa choices my priority is to get i-765 approval as quickly as possible.

So my questions are as follows:

1. If we go with CR1 route for me and get legally married in New York and file paperwork, do I have to wait for i-130 approval before filing my AOS package? Or can I file it straight away?
   If I can file straight after being married, to me that would indicate I might be looking at just 3 months (approx) for i-765 approval, is that correct?
   
2. Secondly, I've seen vague mentions of problems with the VWP and these processes. I've spoken to the USCIS over the phone several times, explicitly asking if its OK to become out-of-status while on VWP and each agent has said it's fine... Could someone explain what I should be concerned about?
   
3. Thirdly, can the father of the alien (my dad), be my joint-sponsor, on the I-864?
   

I have other questions, but for the moment we're just trying to decide which route to take.

Thanks!!

Nick (and Noelle)

[nickbits 43]

If you get a CR1 you don't file for AOS. You get your greencard in the mail shortly after entering the US on the visa. You can work right away.

[NickandNoelle 0]

If you get a CR1 you don't file for AOS. You get your greencard in the mail shortly after entering the US on the visa. You can work right away.

Hmmm, confusion...

What is the name then for the process by which I file an Adjustment package (485, 693, 765 and 131) after getting married in the country? USCIS agent told me it's perfectly fine to become out-of-status while waiting for case approval.

I-130 does not require me to return to the UK.

Thanks

Edited March 3, 2011 by NickandNoelle

[elya4848 3]

Hmmm, confusion...

What is the name then for the process by which I file an Adjustment package (485, 693, 765 and 131) after getting married in the country? USCIS agent told me it's perfectly fine to become out-of-status while waiting for case approval.

I-130 does not require me to return to the UK.

Thanks

If you go to the guide section of this forum, it is all spelled out for you.

[ryna 132]

If you get married while in the U.S. under VWP, you would file AOS (like a K-1 would). There would be no CR-1 visa. The CR-1 visa would only apply if you got married and returned to the UK. In that case, you'd receive your GC shortly after entering. That said...

Any AOS from a VWP can be risky in that if it is denied FOR ANY REASON, there is no right to appeal (you waived that right to enter under VWP) and you would be deported. Some states are tougher on this than others and the policy shift is away from allowing it easily. While possible to AOS from VWP, there is a good possibility that there will be more scrutiny given to your case to to prove there was no intent to marry and AOS at the time you last entered the U.S.

And, with her lack of income, AOS would be delayed until the requirements are met. I honestly don't know if the I-765 would be delayed by this.

Also, I wouldn't plan on leaving the U.S. until you receive a GC. Filing for AP is possible but it's no guarantee of re-entry given you'd be AOS'ing from a VWP. I wouldn't take the chance of leaving.

And, no, the father of the alien cannot be a joint-sponsor on the I-864 (unless for some reason he's a US citizen or LPR.)

There's a lot to consider in your case. I'm sure others will be able to help more.

Good luck!

[Krikit 1,164]

Hmmm, confusion...

What is the name then for the process by which I file an Adjustment package (485, 693, 765 and 131) after getting married in the country? USCIS agent told me it's perfectly fine to become out-of-status while waiting for case approval.

I-130 does not require me to return to the UK.

Thanks

You are thinking of this process: AOS From Other Visa Forum. You need to read up in that forum, thoroughly, as VWP applicants are being denied if the package is accepted after the I-94 expiry date.

Moving from IR-1/CR-1 Process to General Immigration Discussion. Welcome to VJ.

[Harpa Timsah 13,258]

I'd head on over here http://www.visajourney.com/forums/forum/130-adjustment-of-status-from-work-student-tourist-visas/

If you had no intention of immigrating when you entered, then you may be eligible to adjust status. You must get your package accepted (means initially reviewed, checks cashed) before your 90 days is up. This takes about a week, but can take longer. Then your case will proceed as normal. The only other wrench in the works is that if it were denied, there is no chance to appeal, because of you entry on VWP. If your marriage is real, chances of that are slim.

Once your package is accepted, then you will begin a NEW period of authorized stay. Your work permit would come in about 90 days, same thing with travel permit. You cannot travel (internationally) until you have this in hand. Once you get the GC, no more need to travel or work permit as the GC gives these privileges by itself.

You will need a co-sponsor. There are also some other unknown factors with VWP, like if you had even a small crime you may not have been eligible to use the VWP, and things might get complicated. Also, a lot of people here will confuse the VWP-overstay issue with non-overstay. Some offices are automatically denying AOS from VWP people who overstayed, but you eliminate this if you get it accepted before your days are up.

Hope that helps.

[Nich-Nick 3,354]

So... he has about 18 days to

get a marriage license

marry

get certified copy of marriage certificate

get long form UK birth certificate

(are there any divorce decrees too?)

find a joint sponsor

get proof of co-sponsor's citizenship or legal residence, and tax return, and other proofs of income

mail it

have it accepted by USCIS before March 21

[JoannaV 174]

Nich-Nick has summed it up pretty well. If you want to get married and stay in the US you need to have your AOS package accepted by March 21st. It is not worth the risk of overstaying on the VWP if you cannot complete everything required by that date. Whereabouts in the US are you? States have different laws on marriage licences. (Also, some areas are more friendly to VWP-overstaying AOS applicants than others.)

Now, if someone is able to get married right away then I would say they should take the chance to do so and then do the CR1 rather than K1. So, if you and Noelle are prepared to marry right now then you could immediately try to do this, whether you are able to file for adjustment of status or not. Once you receive your marriage certificate you can file the I-130: whether on its own in anticipation of getting a CR1 visa, or with the AOS package. You'll need birth certificates. You should also have 3 affidavits from people who know about your marriage.

Even if you have every document you need and are in a state that allows quick marriages, it will take a little while to fill in the forms and obtain affidavits.

If you want to do the adjustment of status, you will also need the I-864 sponsorship forms NOW. Noelle will have to fill this out and provide either tax returns or a reason as to why she did not have to file taxes. You will need someone else, who earns enough money, to fill out the forms too and provide their tax returns. They must be a US citizen (or permanent resident?). And then you need to send all this off in time to be accepted.

If you find that it is rather too late to apply for adjustment of status by the time you get the marriage certificate, or if you cannot find a co-sponsor, then you can concentrate on spending your last few days in the States making sure the I-130 and accompanying forms (G-325a) are filled out correctly. I don't know your financial situation, but you may feel happier just having to pay $400 right now instead of $1000 :-) Be happy that you are married and starting on the journey to be together forever. Many people have been in your situation before. Go back to the UK and take time to say goodbye to friends and family. Maybe earn some money if you can. Encourage your wife in her last couple of months studying. If you are able, you can visit her again in a few months whilst waiting for I-130 approval. Once Noelle graduates, concentrate on supporting her in finding a well-paying job. So long as the sponsorship thing is sorted out, you will be living with her by the time many people who got engaged the day you did will still be planning their wedding :-)

[NickandNoelle 0]

Hi JoannaV and others,

Thanks for your helpful replies.

Nich-Nick's breakdown was helpful, I think we mostly understood what was expected but it's good to see it confirmed by someone else.

My father is now a US citizen (formely a UK citizen) so he would be able to joint-sponsor me with his own I-864.

To JoannaV - I am in New York and we would get a civil ceremony here, probably at the clerk's office / Marriage Bureau. How do they rate for VWP overstays?

Looking at the checklist here's what's up:

1. get a marriage license
   - could be done in theory for a marriage on Monday 7th
   
2. marry
   - could be done on Monday 7th
   
3. get certified copy of marriage certificate
   - get this at time of marriage
   
4. get long form UK birth certificate
   - Already have it
   
5. Divorce decrees
   - nope
   
6. find a joint sponsor
   - My (the alien fiance) father is a US citizen and so could sponsor. Paperwork could be done for Wednesday 9th
   
7. mail it
   - Assuming 'it' is the i-130, should be feasible
   
8. have it accepted by USCIS before March 21
   - I would hope if we sent it by the 10th or 11th, 10 days might be enough to get it to them before the 21st.
   But the risks/consequences are serious enough for us to want to hire an attorney
   

If were to get married anyway but it turned out that by the time the paperwork was ready we were out of time, Would i then be applying for a K3 visa from the UK?

I've read here and then that the K3 is pretty redundant at this point. Could anyone shed some light?

Thanks again

Nick and Noelle

[NickandNoelle 0]

You should also have 3 affidavits from people who know about your marriage.

JoannaV, Could you expand upon this?

Thanks

[belinda63 3,038]

Don't forget the medical exam.

[JoannaV 174]

Oh yeah, the medical exam. I don't know how soon you could get that done. You need to go to a civil surgeon and get vaccinations and a medical exam.

OK, so New York only has a 24 hour waiting period so you could indeed get married by/on Monday. What I don't know is if they do give you a copy of the marriage certificate right away, maybe someone from New York can tell you that. In Virginia we had to wait to receive it in the mail.

You'll need to mail the complete I-485 package, including the medical exam results. That's probably the major thing to focus on right now.

Don't bother paying an attorney yet.

If you get married but run out of time then you would be applying for a CR1 visa from the UK. Noelle would file the I-130. You wait for that to be approved, and then you will have to send off some more forms to the NVC, have a medical exam in London, then interview at the Embassy in London. You can visit America whilst you're waiting for it to be processed.

Someone else will have to tell you what New York is like for overstays, as I haven't kept up with the current state of affairs. I just know California is bad haha.

The affidavits are in support of the I-130, to help prove your relationship. Especially important as you won't have any financial/accommodation history of your marriage. It is explained in the instructions, but basically just statements from people that they know about your relationship.

This website will be very useful to you, but your best bet is to go to the USCIS website, get the forms from there, and follow the instructions to the letter. Then just come here if you have additional questions, and to doublecheck you are sending off everything needed. The Adjustment of Status main form is here: http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=3faf2c1a6855d010VgnVCM10000048f3d6a1RCRD&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD The instructions should tell you what other forms you need to include, and you can then find them on the USCIS website. But here is the I-130: http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=c67c7f9ded54d010VgnVCM10000048f3d6a1RCRD&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD

Try to fill out the forms before Monday as much as possible. Work out what you need to get (financial evidence, medical, passport style photos).

[JoannaV 174]

Even if someone on here can say unequivocally: New York is currently accepting VWP overstayers just fine and this will not change in the next few months, you should still hurry hurry hurry right now. If someone can say that they have stopped processing such applications though, then you should make sure you head home.

Civil surgeons in New York: https://egov.uscis.gov/crisgwi/go?action=offices.summary&OfficeLocator.office_type=CIV&OfficeLocator.statecode=NY

Edited March 4, 2011 by JoannaV

[JoannaV 174]

WAIT a minute: won't he need a police certificate from the UK, and possibly other countries? THAT may be the insurmountable obstacle to applying before March 21st :-/ I guess it all depends on what's happening in that region with overstayers, and what you're prepared to risk.