Beginning the IR1/CR1

[RichiJenny 14]

I married my wife on a k1 visa in the US, and had to leave due to medical grounds, upon advice from my father in law and family who said it would be a let cheaper to get medical assistance in the UK than in the US.

This treatment was/is deemed pretty urgent and Im currently undergoing this now and its pretty harsh

Now, as I said before, I left the US after marrying my wife, but prior to filing for AOS and AP. I spoke with the USCIS and they advised me to just begin the process again (K3 etc..) but do we have to nitify them of anything else in the meantime? Do we tell them that the K1 is no longer? Or do we explain it with the I130 package?

We got married on the 90th day. Beautiful small wedding, and have all the proofs required for the next step.

Im also thinking that the IR1/CR1 is the best step as it will benefit us as I will be able to work once I am issued with this visa, as although we met the poverty guidelines, they are a bit ridiculous with only 1 person working in the state of CT. This, as the K3 could just put us in the same position as the K1 did...Id like us to file as soon as possible so as that I can be having treatment whilst our case is going through.

Im willing to wait a little longer here, so that I can work once I get out to my wife and relieve her of the lions share of the stress she has right now.

Will I be classed as an overstay as I left AFTER 90 days, but did get married in the timeframe? Im thinking NOT, but would like it clarified, please.

Its all a bit much leaving my wife, being ill, and trying to soak it all in. Though Im sure there are many others out there...

Thanks so much for any help and guidance.

Richi

[Haydee 0]

Hello!, well i had a similar position as you do, i left on a k1 visa i went to America to get married and of course to start my life there with my husband, and i had a family emergency so i had to come back to my country, so when my husband talked to offices and explained what had happened they told us we had to start now under a K3 or Cr1 visa proccess, and you are right the K3 is the same as the k1, the Cr1 takes in some countries a longer for the interview than the K3 so it will depends on balancing the things and thinking which route you want to take, you can start both K3 and Cr1 and see which one goes faster for you, but yes with the Cr1 you can start working since you entry the country. So all depends and what you want

[RichiJenny 14]

Hello!, well i had a similar position as you do, i left on a k1 visa i went to America to get married and of course to start my life there with my husband, and i had a family emergency so i had to come back to my country, so when my husband talked to offices and explained what had happened they told us we had to start now under a K3 or Cr1 visa proccess, and you are right the K3 is the same as the k1, the Cr1 takes in some countries a longer for the interview than the K3 so it will depends on balancing the things and thinking which route you want to take, you can start both K3 and Cr1 and see which one goes faster for you, but yes with the Cr1 you can start working since you entry the country. So all depends and what you want

oh thank yo so much for that reply. ive read the guides and stuff but still for some reason find it overwhelming.

did you let uscis know 'officially' of your leaving, or just begin your process again, informing them of what happened, in your knew petition?

[Haydee 0]

Nope i called them after i was back in Mexico tha i left so when my husband tried to find out if we could do something about it , they just told him that since the K1 is one entry Visa then i have to redo a new proccess, so that why im here doing the Cr1, and yes now in this new proccess i let them know that i was under a k1 proccess and all the details why i had to leave , that just help you in the way that give you a fact or reason on why you are doing this proccess now but they make you do the whole proccess as everyone else, so there is anything really you can do to try them speedup the things since they alredy know you went through a k1 , Because this is a new proccess

I hope i helped you and good luck in your journey!

[Robee 0]

My wife and I had a similar situation the major difference is that she left me to return to her country (Ukraine) because of the cultural differences. We have patched everything up (I pray after many telphone calls) and she wants to return to me. I filed th I-130 in August. I have decided not to take the K-3 route because it doesn't seem to safe enough time (and the cost).

[aussiewench 9]

Richi

You can attach a seperate sheet to your package describing the circumstances of your prior filing etc and subsequent departure from the US, perhaps even attaching evidence that supports why you had to leave. Safety precaution is all....because anything known by USCIS in the petition approval stage cannot be used by a conof to deny a visa.

[RichiJenny 14]

Thank you for your replies. Yes, I shall attach copies of my medical records..just for that little bit extra.

As a matter of course I have also written to our senator explaining our circumstances, and asking for advice/help...basically anything, even if only to inform the authorities to keep everything above board. Some may think its a waste of time, may well be, but it doesnt hurt in letting them know Im sure.

As an aside,

On my wife's G325a, as she hasnt yet begun to change her name 'officially', would she still use her 'family name', or would she put her married name...even if this was to be the first document she's signed in this way?