K-1 to CR-1 half way through??

[MmmBlondie 8]

Just curious...

If your in the process of a K-1 visa but decided (not necessarily on US Soil) to get married could you then change your visa from K-1 to a CR-1 or would this be deemed illegal or raise suspicion.

Just to clarify this isn't something we want to do but after my fiance returns home to the US from Afghanistan and reintegrates he may have to leave again on temporary duty. He was over in the pacific about 3 weeks before he deployed and he may have to head somewhere else after he comes back. With our K-1 visa being processed this doesn't exactly give us the best time frames to hopefully be approved, along with POE and marriage etc.

[Demmy 6]

Just curious...

If your in the process of a K-1 visa but decided (not necessarily on US Soil) to get married could you then change your visa from K-1 to a CR-1 or would this be deemed illegal or raise suspicion.

Just to clarify this isn't something we want to do but after my fiance returns home to the US from Afghanistan and reintegrates he may have to leave again on temporary duty. He was over in the pacific about 3 weeks before he deployed and he may have to head somewhere else after he comes back. With our K-1 visa being processed this doesn't exactly give us the best time frames to hopefully be approved, along with POE and marriage etc.

My fiance and i are in the same predicament. I would like an answer as well

[Ryan H 3,834]

If you were to get married before the K1 process concludes, then you would have to go back to the start by filing a new petition and paying new fees. There is no "switching" mid-process.

Any waiting done up to that point will have been for naught and fees already paid prior to that point will not be refunded.

With all that being said, it's not illegal to do so nor would it likely to raise any kind of suspicion.

[MmmBlondie 8]

If you were to get married before the K1 process concludes, then you would have to go back to the start by filing a new petition and paying new fees. There is no "switching" mid-process.

Any waiting done up to that point will have been for naught and fees already paid prior to that point will not be refunded.

With all that being said, it's not illegal to do so nor would it likely to raise any kind of suspicion.

Thanks for your reply. We haven't received our NOA2 yet so were only at the start of our Journey I guess but it just seems a tad easier in a sense.

I also know that with the CR-1 I would be able to live and work straight away...is this right?? Even if we do gain approval, POE and marriage etc in the small time frames I would then have to file for AOS etc without him and I think id go mad sitting in our house all day lol.

We will probably discuss the options but if I were to visit him when he comes back from active duty and marry in the US would I then have to return to the UK to file the CR-1?? Or alternatively if he visited me after returning and we married in the UK would I still have to go through AOS as we didn't marry on US Soil?

Just trying to get an idea of options now I wouldn't change it for the world but being a military fiance does come with some drawbacks lol

[Penguin_ie 5,997]

You can go visit him on the visa waiver program and get married, but doing so with the intent of staying is visa fraud- you'd need to return to the UK to process the CR-1 spousal visa. Look into the rules of getting married to a foreigner in the UK. I think there is a special visa needed even if he does not stay.

You are correct that once you enter the USA with a CR-1 spousal visa, you get an immediate greencard and can work, travel to visit your family back home etc. No AOS needed, no matter where you marry before you file for the spousal visa.

[baron555 934]

Just curious...

If your in the process of a K-1 visa but decided (not necessarily on US Soil) to get married could you then change your visa from K-1 to a CR-1 or would this be deemed illegal or raise suspicion.

No. You would have to officially via notarized letter to the Service Center cancel the K-1 and then file for the CR-1, while paying its fees again.

And....wait for the entire CR-1 visa process timing to play out.

Edited November 23, 2012 by baron555

[Nich-Nick 3,354]

Just curious...

If your in the process of a K-1 visa but decided (not necessarily on US Soil) to get married could you then change your visa from K-1 to a CR-1 or would this be deemed illegal or raise suspicion.

Just to clarify this isn't something we want to do but after my fiance returns home to the US from Afghanistan and reintegrates he may have to leave again on temporary duty. He was over in the pacific about 3 weeks before he deployed and he may have to head somewhere else after he comes back. With our K-1 visa being processed this doesn't exactly give us the best time frames to hopefully be approved, along with POE and marriage etc.

Have you thought about trying for an expedite? Active military about to deploy have been able to get expedited by USCIS and through London Embassy. When is he due home from Afghanistan?

[N-o-l-a 7,168]

No. You would have to officially via notarized letter to the Service Center cancel the K-1 and then file for the CR-1, while paying its fees again.

And....wait for the entire CR-1 visa process timing to play out.

We got married about a month before the NOA2 came for the I-129F for the K1. We had to cancel the K1 and refile an I-130 for the CR1.

There are some benefits to the CR1 for both the USC and the immigrant, in my opinion. There aren't any of these issues with the spouse witholding an AOS and you can work and travel fairly quickly.

[MmmBlondie 8]

You can go visit him on the visa waiver program and get married, but doing so with the intent of staying is visa fraud- you'd need to return to the UK to process the CR-1 spousal visa. Look into the rules of getting married to a foreigner in the UK. I think there is a special visa needed even if he does not stay.

You are correct that once you enter the USA with a CR-1 spousal visa, you get an immediate greencard and can work, travel to visit your family back home etc. No AOS needed, no matter where you marry before you file for the spousal visa.

Can someone give me their opinion?? He wont be back from Afghanistan till March so I could fly over on the VWP, we could marry, then I would fly back and start the process of the CR-1 visa. Granted this means we would have to wait a bit longer and of course pay the fees but he has been given paperwork in order to expedite our visa if need be so this could helpful if he does have to leave again. It also means that I could start to work straight away.

Or we can continue with the K-1 Visa that were already processing which means time is less and once approved, then I can move over but there it means no work and the possibility that he will be on leave again

I know only we can make this decision but if anyone has their own opinions then please let me know. We miss each other so much, were only able to skype 2 days a week at the moment due to him flying 4 nights (6 day schedule) and we just want to be together

[MmmBlondie 8]

Have you thought about trying for an expedite? Active military about to deploy have been able to get expedited by USCIS and through London Embassy. When is he due home from Afghanistan?

He'll be due home in March and hes already looked into having the K-1 visa expedited but the email states if it is "emergency" or something like that. Hes not 100% sure if he will have to go on a temporary duty when hes back from Afghanistan so we don't want to say yes and then it turns out he doesnt.

Will expediting it even make much of a difference time wise??

We got married about a month before the NOA2 came for the I-129F for the K1. We had to cancel the K1 and refile an I-130 for the CR1.

There are some benefits to the CR1 for both the USC and the immigrant, in my opinion. There aren't any of these issues with the spouse witholding an AOS and you can work and travel fairly quickly.

What are the fees compared to the K-1. I know I wouldn't have to pay for AOS or work etc so does it work out slightly cheaper??

[Nich-Nick 3,354]

Can someone give me their opinion?? He wont be back from Afghanistan till March so I could fly over on the VWP, we could marry, then I would fly back and start the process of the CR-1 visa. Granted this means we would have to wait a bit longer and of course pay the fees but he has been given paperwork in order to expedite our visa if need be so this could helpful if he does have to leave again. It also means that I could start to work straight away.

Or we can continue with the K-1 Visa that were already processing which means time is less and once approved, then I can move over but there it means no work and the possibility that he will be on leave again

I know only we can make this decision but if anyone has their own opinions then please let me know. We miss each other so much, were only able to skype 2 days a week at the moment due to him flying 4 nights (6 day schedule) and we just want to be together

Just a look at guessing times based on current averages at VSC.

K1--you get visa April 15 and move to US April 20, 2013

You marry May 1.

You file AOS by May 15. Your work permit arrives July 1, 2013

CR1--You marry March 15

You file I-130 petition by April 1.

You return to UK while it processes.

You get visa to move to US Feb 15, 2014.

You move to US Feb 20, 2014

You can work immediately, but 7.66 months later than continuing with your K1.

No contest in my opinion. And if you will notify London when you are going through the K1 part there that you have a husband returning from Afghanistan with likely re-deployment , they will likely push your interview through earlier than average.

[reese1 68]

Look over this members posts/profile because this is exactly what they did. They got married before they got their NOA2 for their k-1, then filed for cr-1. Then with the expedite got the I-130 approved in a short time.

http://www.visajourney.com/forums/topic/396662-omg-noa2-finally/

[VanessaTony 3,567]

What are the fees compared to the K-1. I know I wouldn't have to pay for AOS or work etc so does it work out slightly cheaper??

If you're talking only fees, and you hadn't filed the K1 already, the CR-1 would be cheaper.

As you've already filed the K1, and seeing you will need to fly to be together in order to marry, then including the cost of flights/spending money etc, the K1 is cheaper. Yes you will need to file AOS etc. I would hope, though I don't recall if it's possible, that him being deployed after you're here and having filed AOS/EAD/AP they MIGHT permit an expedite on the EAD/AP so that you can work, get a driver license etc.