Not sure to change from K1 to CR1

[wishfulthinker 0]

Hello all, my fiance and I (I am the sponsor) submitted our I-129F mid December, we have been eagerly (and patiently) waiting for NOA2, most likely sometime around June-July (hopefully!).

However, my fiance recently was able to get a job offer for one of GE's RMP programs, it is a very prestigious program and we are looking for ways to let her finish! I have read that we can wait up to 1 year to send in the papers after NOA2 for the K1, but then she will have to delay work eligibility in the US for quite a while. If she came within the year on K1 and had to wait for the 2 year green card to work, we would be OK with it.

But since the program would continue until June 2015, we are trying to find other alternatives. I am thinking cancelling the K1 and switching to a CR1 application after we are married sometime (still planning!) around April to June 2014. This way she can work in the US faster and I have heard processing time for CR1 is much faster now.

Our concern is that we just don't know anything for sure. I personally think the CR1 route is best, but my fiance wants more input...Are we missing any other options? What are your opinions on the options, which would you suggest?

Thank you everyone for reading!

[Penguin_ie 5,994]

**** Moving from K1 to General Immigration as OP may not use the K1 path anymore ****

Your plan sounds fine. There is no penalty for cancelling the K1 and going the CR-1 route other than lost filing fees (and time, which won't matter in your case).

[Villanelle 4,122]

I have no idea what this means " we can wait up to 1 year to send in the papers after NOA2 for the K1,"

And you say you are planning on getting married Apr/June 2104.

To use the CR1 you have to be married to file. It takes apx 9 months from the date you file. When you arrive in the US you have a greencard and can start working right away.

What you applied for is the K1. Since you sent your papers in in Dec, you should have your NOA2 in about 6 months (June 2013) It could take another month or two from that point for your fiance to get everything done with getting the case sent to the embassy and then getting the medical and getting the interview. Shed then get the visa and be eligible to come to the US, maybe around Aug/Sep 2013.

When her visa is issued by the embassy its valid for 6 months. So if it was issued in Aug 2013 its valid until Feb 2014. When she arrives you have 90 days to marry. After you marry you file for AOS. When you file for AOS you submit a form asking for work auth. That form will take apx 3 months to be approved.

I dont know if the program would take her in with a work auth and not a greencard. (Youd have to check with them) Her greencard could take anywhere from 4 months from the date you filed AOS to 6-9 months to be approved. Theres no way to know. She can work with the temp work auth (its good for 1 year and can be renewed) but like I said, the program may not let her in with that. Its called the EAD card. So ask them.

And again, if you switch routes now from the K1 to CR1, you must be married now to file the CR1, immediately upon entry to the US, she will have the GC and can work.