Traveling during IR-1/CR-1 Spouse visa or K1

[marcandsara 0]

Hi everybody.

We are hoping we can get some clear answers the K1/IR1 visas.

My fiancé and I are currently living in China (teaching English as a foreign language). She is from the USA, I am from the UK. Before this we were in a long distance relationship for four and a half years. We will be returning to our respective counties at the end of August. Our plans for the wedding was to have a ceremony in America at the end of March and then have a small party in England a few weeks later to celebrate. We made these plans on the assumption I would be able to get my old job back and we would be living in the UK but that has fallen through now. Our best chance of employment is now the USA so we are trying to figure out the way of us both getting to live in the USA while spending the minimum amount of time apart.

So our questions on the K1 are:

We have seen various estimates of how long a K1 fiancé visa would take to process. Do you agree with our conclusion that the planned wedding date of 29th March would not leave enough time to get a fiancé visa? (The earliest we would be able to file the I-129F would be the 15th August)

If the answer to A is "you have enough time" would we be able to leave soon after the America wedding to go to England or do you have to wait until your request for adjustment of status has been completed? (one of my best mates is getting married in England on May 4th and I'm supposed to be a groomsmen so if I wouldn't be able to leave the USA for then we would have to move the wedding).

Does she have to remain in the USA after she files the petition? I know I can't go to the USA, but is there anything stopping her coming to the UK (or going somewhere else?)

Another option for us is coming back to China until February and then getting married in the USA on the visa waiver programme (we would then go to the UK for our wedding party and my mates wedding). This has the advantage of us getting to spend another six months together in China. We would then go down the IR1 route. In this scenario:

D) How long could we expect to be apart? We have seen estimates of 5-7 months but also 10-14 months so we are very confused about this.

E) Again, would she be able to leave the USA once the initial petition is filed? If we were going to have to wait 12 months in these circumstances would there be any period of time where we could fit in 3-6 months teaching in China or somewhere else (or is there something stopping this?)

After so long in long distance our priority is trying to minimise long stretches of time spent apart. We have been researching and researching and researching but we haven't found answers to these questions so we would desperately appreciate any help you could give us.

Thanks,

Marc and Sara

[The Mean Lady 604]

FYI, as you will not have been married for 2 years, you will be a CR1 or conditional relative eligible only for a 2 year visa after which you will then remove conditions giving a 10 year visa.

The CR1/IR1 process time can take anywhere from, typically 8-12 months.

During this time, either the petitioner or beneficiary are welcome to travel in and out of the US and other countries provided they satisfy any requests for ties to countries that any CBP agents may ask for.

I am not a K1 visa, but August to March does not seem like enough time, or if it is, then you're cutting it REALLY close

[lost_at_sea 995]

So our questions on the K1 are:

We have seen various estimates of how long a K1 fiancé visa would take to process. Do you agree with our conclusion that the planned wedding date of 29th March would not leave enough time to get a fiancé visa? (The earliest we would be able to file the I-129F would be the 15th August)

If the answer to A is "you have enough time" would we be able to leave soon after the America wedding to go to England or do you have to wait until your request for adjustment of status has been completed? (one of my best mates is getting married in England on May 4th and I'm supposed to be a groomsmen so if I wouldn't be able to leave the USA for then we would have to move the wedding).

Does she have to remain in the USA after she files the petition? I know I can't go to the USA, but is there anything stopping her coming to the UK (or going somewhere else?)

Another option for us is coming back to China until February and then getting married in the USA on the visa waiver programme (we would then go to the UK for our wedding party and my mates wedding). This has the advantage of us getting to spend another six months together in China. We would then go down the IR1 route. In this scenario:

D) How long could we expect to be apart? We have seen estimates of 5-7 months but also 10-14 months so we are very confused about this.

E) Again, would she be able to leave the USA once the initial petition is filed? If we were going to have to wait 12 months in these circumstances would there be any period of time where we could fit in 3-6 months teaching in China or somewhere else (or is there something stopping this?)

K1:

Is that enough time? Possibly. The problem is that timelines fluctuate hugely. 7 months from August would be cutting it extremely tightly. There are many on here that have waited 7 months for the petition approval alone, and then there's the processing on the local embassy side of another 3 - 5 months. You should assume at least a year, and then still not book anything you can't cancel.

You won't be able to travel that quickly after getting married in the USA. You'll have to apply for "Advanced Parole" to be able to leave before your Adjustment of Status is complete (which is the next step after getting married to allow you to stay in the US). This takes 3 - 5 months. The K1 is a one-entry only visa, so you can't leave before AOS is complete, or you'll be deemed to have abandoned it, and have to start over with a I-130 petition and CR-1 visa (possibly another year of processing, from scratch) from outside of the USA.

When the petition (I-129f) is filed and you're waiting for approval, you can both travel as you may have been before as tourists, under the terms of the tourist visa, or VWP you may be eligible for.

K1 guide: http://www.visajourney.com/content/k1guide

Getting married:

D) Those estimates are accurate. The range can be that large, depending on processing times when you submit. Some people get the process completed in as little as 7 months, for others it is more than a year.

E) Travelling on other visas will continue to be fine. While your petition is pending, you could do the teaching thing. Remember you'll have to keep your address up to date with USCIS so they can contact you.

Spouse guide: http://www.visajourney.com/content/i130guide1

My opinion? Get married! File the I-130 and get the CR-1 while you carry on teaching and doing your other fun things abroad (and that means you'll still get to go to your friends wedding).

You'll need to take a close look at the financial sponsorship requirements, though, as if you're both living outside of the USA I assume the USC half of you is not resident in the US, so you'll need a joint sponsor to help you (this is also true for K1).

Edited June 12, 2013 by lost_at_sea

[lost_at_sea 995]

Oh, also, not sure if you realise this, but you could get married anywhere. There's no requirement for I-130/CR-1 that you get married in the USA. So long as it produces a document that is legally recognised as a binding marriage, it's all good. You could get married when you're going back through the UK in August. Just be aware that you're going to have to do an interview and a medical at some point, and generally that would be in London (although those living in a different country to their nationality have been able to have their interviews at a more local embassy).

Only K1 couples *have* to get married in the USA.

[NikLR 13,227]

*** moved to general immigration forum as OP is discussing different visa paths ***

[NickD 203]

My understanding on this subject, if from a foreign country with a foreign passport and depending on that country and our DOS agreement with that country, you may come and leave here as often as you want with just your passport. But with other countries you may need a B1/B2 US visa to do that. These just let you visit, cannot work here with these.

If you are from a foreign country and want to come here say to get married, but due to your financial situation are required to have a visa to come here, that is the purpose of a K1 visa, and to the best of my knowledge is a one shot deal. You have something like 90 days to get married here, if not, you go home. But if during that 90 day period, if you have to go home for any reason, need to apply for an I-131 for a reentry permit.

My according according to one of the top immigration law firms and the USCIS did not have to apply for a K1 visa, she was working for a top US based company and already had a B1/B2 visa and was free to come and leave here whenever she felt like it. But did have to follow that I-94 restriction and was not permitted to work here. Until I petitioned for her and we applied for a I-765 EAD card, that is when I could finally add her to my bank accounts where she could apply for that restricted SS card.

But she still could travel to her home country if she wanted to because her foreign passport and US visa were still good. Of course, if she wanted to travel to a different country would be required to get a visa to travel to that country.

She met others from her home country that came here on that K1 visa, either they got married within that time frame or go home for good.

What the heck am I talking about, but this is my understanding. Just seems like if you are a billionaire with a private jet, you can travel anywhere you want to. US just wants to keep the poor people out of here.