Wedding in April 1st NOA recieved yesterday

[Ketsuban 1,034]

Had emails to and from Border Control which backs up what you are saying

Sent the following to Border control:

Hi

My fiancee has applied for a K1 visa for me. She is a US citizen. My waiver is due to expire in August. I am planning on visiting her in November, hence I will need a new VWP. I have return flights booked. I can get a letter from my job, bank statements, credit card statements, loan statements etc.

I will definitely be returning and definitely will not be getting married under a VWP. I know we have to wait until the K1 is approved before marrying in the US.

Am I ok to travel once I prove that I will be returning and will not be getting marrying under the VWP?

To which the reply was:

Unfortunately, the Form I-130, Petition for Alien Relative filed on your behalf reveals that you intend to live permanently in the U.S. at some point in the future. As a result, noncitizens with pending I-130 petitions who want to visit the U.S. face greater scrutiny when applying for a B-2 visa at a U.S. embassy or consulate or from Customs and Border Patrol (CBP), if traveling on the VWP. In the worst-case scenario, this means that you could fly all the way to the U.S. only to be turned back by CBP.

This is why it is essential that you bring as much documentation as possible to show that you:

1. have binding ties to your home country that prove that you intend to return

2. plan to stay for only a short time, and

3. can pay for your living expenses during your U.S. trip.

I-130? Alien Relative? K-1 is the I129F Petition for Alien Fiance silly CBP

[David & Diana R 1,005]

If I was your father in law and I was spending "five figures" for a "wedding" I would be really pissed off if I found out I was only paying for a "party" after all. You better start thinking about your father in law in this, not only the "boss".

Edited May 29, 2014 by David & Zoila

[TBoneTX 45,298]

One unrelated post removed for spamming the thread.

[gnralph 0]

NOA2 arrived this morning.

Got a job offer from a company in New York that will get me an E2 visa so I can move there and legally work.

should I just cancel the K1 now? is it too late to cancel the K1?

[ayla_42 39]

NOA2 arrived this morning.

Got a job offer from a company in New York that will get me an E2 visa so I can move there and legally work.

should I just cancel the K1 now? is it too late to cancel the K1?

I dont know an answer to that. But another quiestion. Where you transfered to expedited? ?

[CAMama3 1]

NOA2 arrived this morning.

Got a job offer from a company in New York that will get me an E2 visa so I can move there and legally work.

should I just cancel the K1 now? is it too late to cancel the K1?

Not 100%, but are you sure you can get an E2 having done the K1? E visas are for temporarily coming into the US and you need to prove that you are going back... which I'm not sure a CO would agree to since you have an American fiance that filed to get a K1 for you.

[gnralph 0]

Not 100%, but are you sure you can get an E2 having done the K1? E visas are for temporarily coming into the US and you need to prove that you are going back... which I'm not sure a CO would agree to since you have an American fiance that filed to get a K1 for you.

i'm due to fly on the 2nd of November for the wedding. I'm thinking I won't have enough time to get interviews/medical/final approval through

so....

Cancel the K1 application

start work in the next couple of weeks on the E2(company will get this through)

apply for a change in status

or

cancel the K1

fly over

get married

return home

fly back on the E2 and start work

I dont know an answer to that. But another quiestion. Where you transfered to expedited? ?

Nope, not a hope of that - how dumb was i thinking I could get this through!!! Thanks to everyone on here for trying to make me see the light!

[d3adc0d3 186]

Best bet would be to cancel the K1, enter on the E2, get married and file for a CR1. You'll already be in the US, but you don't want to deal with any "visa fraud" of entering in the US with the intent to immigrate on a visa not intended for immigration. Especially with your plans in place and vendors booked.

If I'm not mistaken, you can continue to work after you've entered on the E2, and just wait with your wife while the CR1 is processing (file while you're already in the US on the E2), it takes on average 1-2 years. You'll likely have to return to Ireland for the medical, interview, and such, but then you'll enter the US a GreenCard holder when you return.

Edited September 23, 2014 by d3adc0d3

[Kay&Jay 44]

NOA2 arrived this morning.

Got a job offer from a company in New York that will get me an E2 visa so I can move there and legally work.

should I just cancel the K1 now? is it too late to cancel the K1?

Congratulations on your approval.

[d3adc0d3 186]

NOA2 arrived this morning.

Got a job offer from a company in New York that will get me an E2 visa so I can move there and legally work.

should I just cancel the K1 now? is it too late to cancel the K1?

I Just saw this.

Best bet would be to cancel the K1, enter on the E2, get married and file for a CR1. You'll already be in the US, but you don't want to deal with any "visa fraud" of entering in the US with the intent to immigrate on a visa not intended for immigration. Especially with your plans in place and vendors booked.

If I'm not mistaken, you can continue to work after you've entered on the E2, and just wait with your wife while the CR1 is processing (file while you're already in the US on the E2), it takes on average 1-2 years. You'll likely have to return to Ireland for the medical, interview, and such, but then you'll enter the US a GreenCard holder when you return.

I'm going to correct my previous post...

If you got your NoA2, you're most likely only 2-4 months from entering the US, barring any weirdness at the consulate. I wouldn't cancel the K1, because you could very well manage it just barely on time. Most consulate's will work with you if you have wedding plans. If the wedding day happens, and you didn't enter on the K1, THEN... I would cancel it, and apply for a CR1.

[gnralph 0]

I Just saw this.

I'm going to correct my previous post...

If you got your NoA2, you're most likely only 2-4 months from entering the US, barring any weirdness at the consulate. I wouldn't cancel the K1, because you could very well manage it just barely on time. Most consulate's will work with you if you have wedding plans. If the wedding day happens, and you didn't enter on the K1, THEN... I would cancel it, and apply for a CR1.

Wedding is in 45 days, flying in 38, i think i'm cutting it too fine. There's no way in hell my fiance will postpone this close. I asked her to postpone months ago and she went mental at the thought of it! Everything booked, friends and family have flights booked.

The E2 will be for 2 years, which is such a stroke of luck to get the job at this time. I'm just waiting on the contract to be signed

[d3adc0d3 186]

Wedding is in 45 days, flying in 38, i think i'm cutting it too fine. There's no way in hell my fiance will postpone this close. I asked her to postpone months ago and she went mental at the thought of it! Everything booked, friends and family have flights booked.

The E2 will be for 2 years, which is such a stroke of luck to get the job at this time. I'm just waiting on the contract to be signed

In my opinion, your best bet is to cancel the K1 & file for the CR-1 after you've married & entered the US on the E2. You're entering the US on another visa (E2) not intended for immigration, and your marriage has obviously been premeditated, as vendors have been booked way in advance and the such. If you try to adjust, immigration can very easily consider that fraudulent behavior and bar you from entering the US. I don't think you want to take that risk.

The CR1 is a spousal visa, so once you enter the US via the CR1 you'll already be a greencard holder (and you won't have to lift any restrictions, like you do with the K1); I don't know the process, but you may be able to apply and even attend the medical/interview in the US. I don't know for sure, so you will definitely want to check in on that. There's a forum for the CR1 visas, you should go ask in there!

Since you'll already be living in the US whilst working, it would work out well for you to still be able to live with your bride while that paperwork is processing. Keep in mind the fees for the K1 are non-refundable even if you cancel it.

Edited September 23, 2014 by d3adc0d3

[gnralph 0]

In my opinion, your best bet is to cancel the K1 & file for the CR-1 after you've married & entered the US on the E2. You're entering the US on another visa (E2) not intended for immigration, and your marriage has obviously been premeditated, as vendors have been booked way in advance and the such. If you try to adjust, immigration can very easily consider that fraudulent behavior and bar you from entering the US. I don't think you want to take that risk.

The CR1 is a spousal visa, so once you enter the US via the CR1 you'll already be a greencard holder (and you won't have to lift any restrictions, like you do with the K1); I don't know the process, but you may be able to apply and even attend the medical/interview in the US. I don't know for sure, so you will definitely want to check in on that. There's a forum for the CR1 visas, you should go ask in there!

Since you'll already be living in the US whilst working, it would work out well for you to still be able to live with your bride while that paperwork is processing. Keep in mind the fees for the K1 are non-refundable even if you cancel it.

I think you are right, I really need to check if we can apply for the CR1 whilst we are living together in the US.

Thanks for your inputs! Very much appreciated. Hope all is going well for yourself