Might be a stupid question but need help

[Adelante 0]

Hi all,

Just got a bit of good news yesterday that the visa was issued at the Abu Dhabi consulate. Was not expecting it that soon but it did come through. Now prior to this, my fiance was down here for a week, and both of had agreed that comparing the economic situations of the two countries, UAE was the best option for at least a while. Now, being an Asian, the family comes into the picture. Her family wants to have a grand wedding in NYC which I am fine with.

For me the question is, can I go there, get married, go to the courts, get our legal marriage certificates done and then come back. I do realize that when I leave, my K-1 will be void and all I will have with me is the legal US marriage certificates. So does this mean, when both of us move back here (to UAE), say a month after we get married, we have to apply all over again as K-3 say after few years?

Are there any other options here?

Would appreciate any sort of advice/help.

Thanks guys.

[MalaysianGirl 26]

Yes, you can go to the US on your approved K1 visa, get married and go back to the UAE. Strictly speaking the K1 visa is not needed to marry in the US; anyone can marry in the US on a B2 or a VWP. The K1 visa is needed if the couple wants to marry in the US *AND* stay in the country after the wedding. That's not your new plan, but since you already have the K1 visa, you can enter on that, get married, and leave the US. If you want to return to the US after that, you need to apply for CR-1 visa. (The K3 visa is administratively dead.)

Please note that after you wed and leave the US, you cannot apply for a B2 visa to just visit the US. You will need to apply for a CR-1 because you are already married to a US citizen. Applying for a B2 would be next to impossible for you.

Edited November 18, 2011 by MalaysianGirl

[Inky 1,111]

Yes, you can go to the US on your approved K1 visa, get married and go back to the UAE. Strictly speaking the K1 visa is not needed to marry in the US; anyone can marry in the US on a B2 or a VWP. The K1 visa is needed if the couple wants to marry in the US *AND* stay in the country after the wedding. That's not your new plan, but since you already have the K1 visa, you can enter on that, get married, and leave the US. If you want to return to the US after that, you need to apply for CR-1 visa. (The K3 visa is administratively dead.)

Please note that after you wed and leave the US, you cannot apply for a B2 visa to just visit the US. You will need to apply for a CR-1 because you are already married to a US citizen. Applying for a B2 would be next to impossible for you.

No you would apply as IR-1 if married more than 2 years. They said they would stay in UAE for a few years. CR-1 is not the option.

CR-1 is only for people married less than 2 years.

[MalaysianGirl 26]

No you would apply as IR-1 if married more than 2 years. They said they would stay in UAE for a few years. CR-1 is not the option.

CR-1 is only for people married less than 2 years.

Thank you. I know the difference between the IR-1 and CR-1, but the OP didn't mention exactly how many years, so I only put CR-1. Yup, should have included IR-1 as well.

[Adelante 0]

Great, thank you both for your replies. Not sure how long we intend to stay down here. Now that we have received our K-1 visa (9 months), would it be fairly take a similar time period to get the IR-1, CR-1 visa as well? I mean, would there be any chances of it being not approved. I am only worried that for a country like UAE, being a male, its not easier to get an approval from the US gov

[MalaysianGirl 26]

Great, thank you both for your replies. Not sure how long we intend to stay down here. Now that we have received our K-1 visa (9 months), would it be fairly take a similar time period to get the IR-1, CR-1 visa as well? I mean, would there be any chances of it being not approved. I am only worried that for a country like UAE, being a male, its not easier to get an approval from the US gov

The CR-1/IR-1 visa takes longer than the K1 to get. (You can click on the Immigration Timelines tab above to see the difference.) About your chances of approval for CR-1/IR-1, your chances may be higher than normal because you already have an approved K1. But don't quote me on that -- I'm not the CO and I cannot judge your relationship since I don't know anything about you.

As an aside, I'd recommend applying for the IR-1 instead of a CR-1, because if you apply for the former, you wouldn't get a conditional greencard, you will get the ten-year card. So, apply for the visa only after two years of marriage. But of course you don't have to listen to me -- you can apply for the CR-1 if you haven't been married for two years yet.

Edited November 18, 2011 by MalaysianGirl

[yasieyasie 0]

Ok, when you do arrive to NY on your K-1 visa you should go to the courthouse and get married asap! However, the certificate is not enough to have you enter back into the states. Instead of going back right away, why don't you apply for your greencard. It comes in 4-6 months anyway. I think once you leave the U.S. without a greencard, your spouse has to reapply for you as her spouse and it could take a year and half (from the cases I am aware of) for you to gain entry back into the states.