Planning Catholic wedding after Civil marriage

[eav123 0]

Ok...so my fiance and I are tying the knot before he goes back to Portugal on December 14. We don't want to wait! It's going to be a civil justice of the peace deal. However, we'd like to have a Catholic wedding in the summer. Those are the facts. He plans on hopefully getting his CR-1 visa by that time...and I'll be sending in the packet very soon.

Questions:

Should we/Can we assume that he'll be allowed to enter the country after the New Year (let's say...around February) with papers pending to A. visit me and/or B.STAY with me while papers are being processed since we'll already be husband/wife?

Can we proceed with preparation for our Catholic ceremony in the summer without worrying that he'll be denied entrance in the USA?

Is there a way to apply to extend his visitor visa legitimately? Isn't there a way to apply to extend that? If I file an I-130 can't I also file the K3? What we want is for him to be allowed to be here while his paperwork is pending to have our wedding. and the K3 visa states:

K-3/K-4 Nonimmigrant Visas

Immigration law allows the alien spouse of a U.S. citizen and his or her minor children to be admitted to the United States as nonimmigrants while they are awaiting the adjudication of a Form I-130 Petition for Alien Relative. It also allows them to obtain employment authorization while they are waiting[/u][/b].

Eligibility

To be eligible for a K-3 nonimmigrant visa, an individual must:

Be married to a U.S. citizen

Have a pending Form I-130, Petition for Alien Relative, filed by the U.S. citizen spouse on his or her behalf

[Cathi 5,757]

most likely if you apply for a cr1 visa it will not be approved by next summer. The average time for a cr1 petition start to finish is 8-10 months. K3 visas are no longer issued as they were used back when a cr1 petition took years. The processing time for the cr1 and k3 are the same making the k3 obsolete and a waste of time and money. There is a good chance that if your husband tries to enter the country with a cr1 petition pending he will be turned away at port of entry because he will have immigrant intent.

[bt1 42]

Should we/Can we assume that he'll be allowed to enter the country after the New Year (let's say...around February) with papers pending to A. visit me and/or B.STAY with me while papers are being processed since we'll already be husband/wife?

Theoretically, he will be allowed to enter on a visa waiver program for 90 days: however, since you will have a pending CR1 application, it is up to the immigration officer whether or not he will let your husband in the country, so there is no guarantee that he will be allowed in, although many successfully enter.

Can we proceed with preparation for our Catholic ceremony in the summer without worrying that he'll be denied entrance in the USA?

Same answer as above, theoretically should be OK, but never know.

[eav123 0]

most likely if you apply for a cr1 visa it will not be approved by next summer. The average time for a cr1 petition start to finish is 8-10 months. K3 visas are no longer issued as they were used back when a cr1 petition took years. The processing time for the cr1 and k3 are the same making the k3 obsolete and a waste of time and money. There is a good chance that if your husband tries to enter the country with a cr1 petition pending he will be turned away at port of entry because he will have immigrant intent.

Ugh....so then should I just wait and file a Fiance Visa (and wait to get married at the JOP) and once he's here, do an adjustment of status after our marriage so he can stay? Would that enable us to be together quicker?

Edited November 28, 2012 by eav123

[eav123 0]

Should we/Can we assume that he'll be allowed to enter the country after the New Year (let's say...around February) with papers pending to A. visit me and/or B.STAY with me while papers are being processed since we'll already be husband/wife?

Theoretically, he will be allowed to enter on a visa waiver program for 90 days: however, since you will have a pending CR1 application, it is up to the immigration officer whether or not he will let your husband in the country, so there is no guarantee that he will be allowed in, although many successfully enter.

Can we proceed with preparation for our Catholic ceremony in the summer without worrying that he'll be denied entrance in the USA?

Same answer as above, theoretically should be OK, but never know.

Does the immigration officer have to KNOW that there is a pending CR1 application? or is that assumed? What are some things that he could say to get in the country with a pending application? I'm so confused and bummed out and frustrated at this whole freaking process. but I appreciate all the advice....this site is great!

most likely if you apply for a cr1 visa it will not be approved by next summer. The average time for a cr1 petition start to finish is 8-10 months. K3 visas are no longer issued as they were used back when a cr1 petition took years. The processing time for the cr1 and k3 are the same making the k3 obsolete and a waste of time and money. There is a good chance that if your husband tries to enter the country with a cr1 petition pending he will be turned away at port of entry because he will have immigrant intent.

If this K3 Visa is obselete as so many state, then why is it listed on the USCIS website that I'm assuming is current, as a viable option? Why is it there if it's no longer an available option? Confused

[The Mean Lady 604]

Ugh....so then should I just wait and file a Fiance Visa (and wait to get married at the JOP) and once he's here, do an adjustment of status after our marriage so he can stay? Would that enable us to be together quicker?

Filing a fiance visa is going to take about as long as a Cr1 visa right now.

There is not a "good chance" of denial while crossing during the immigration process.

If your husband has good ties to his country (lease, letter from employer, bank statements, etc) then there's no reason he shouldn't be able to cross.

However, as stated, it IS up to the CBP officer if he lets him pass.

The more ties, the better. If your husband doesn't have a job or apt, THEN you can pretty much guarantee denial while crossing.

[Ryan H 3,812]

If this K3 Visa is obselete as so many state, then why is it listed on the USCIS website that I'm assuming is current, as a viable option? Why is it there if it's no longer an available option? Confused

Firstly, even if you were to pursue a K3, there is still a waiting period from the time the appropriate paperwork is submitted to the time an interview takes place.

Secondly, it is listed as a viable option on Government websites because the provision in the LIFE Act that created it has never been repealed. Therefore, it officially remains on the books.

Now the explanation. The K3 visa was created at a time when I-130 petitions were taking years to adjudicate. Since then, processing times of I-130 petitions improved. In 2006, USCIS began to tie the two petitions together by pulling the I-130 from its current place in the queue and placing it with the I-129F that was just submitted. The two petitions are usually adjudicated at the same time, and if they are approved, they are sent to the NVC at the same time.

In 2010, the NVC implemented a procedure of administratively closing I-129F petitions filed to start the K3 process when they have an approved I-130 on station. Most of the time, they will receive both petitions from USCIS at the same time or in some instances, they will receive the I-130 ahead of the I-129F. In either scenario, the K3 will be administratively closed because an approved I-130 is on station. In some cases, the I-129F will arrive at the NVC first, in this scenario, the K3 process will go forward. Also, people will have choice, they can pursue the K3 or the CR-1. Cases of the last scenario are few and far between.

An important caveat to mention is the recent transfer of I-130 petitions filed on behalf of spouses to local offices for adjudication. There is no way to know (and there have been no reports on VJ that I have seen) of how this affects I-129F petitions subsequently filed to begin the K3 process.

[bt1 42]

Does the immigration officer have to KNOW that there is a pending CR1 application? or is that assumed? What are some things that he could say to get in the country with a pending application? I'm so confused and bummed out and frustrated at this whole freaking process. but I appreciate all the advice....this site is great!

As someone already mentioned, if your husband can show strong ties to Portugal, like a steady job and real estate, then they let him in; from what you have described, sounds as if he would intend to stay in the US after entering, so he would probably already have quit his job etc. The immigration officer would have the information on pending CR1, it would be in the system.