IR-1 vs K1

[komnaes 0]

Getting married would not violate anything on your visitor visa, coming to the US on a visitor visa with the intent to immigrate is visa fraud, however. You had no intent to immigrate when you entered the US, and you're leaving after the marriage to apply for a visa the legal way.

You can get married and not adjust your status, instead you and your fiance(e) (then spouse) can apply for a CR1 after your return to Hong Kong, a CR1 would take just about the same amount of time as a K3 and would end up being less paperwork and fees, and frustration with working/traveling abroad once you enter on the CR1 visa.

So my recommendation is to get married in the US asap, and once you're back in Hong Kong apply for a CR1. It might be a couple months longer than a K1, but it'll be worth it with less the hassle and fees in the end. Plus you can always visit each other during the process. If I recall correctly a visitor visa is good for 10 years; your stay next time may be limited to only a couple months, but you don't have to re-apply for a B2, unless your B2 expires.

Because you already have a B2 visa you don't have to worry about visiting. However if you do not AOS on this trip, which it sounds like you can't, then you cannot reenter the USA at a later date with that intention. The CBP will turn you away as it's illegal to enter the USA with the intent to stay and it's fraud to say otherwise.

What people have told you is based on that, not based on if you can get married or not. You can certainly get married in the USA. I'm confused what record shows you're married at all? Granted I'm Canadian but I visited my husband 3 times after marriage and told the CBP that I was visiting him and how long I was staying. They asked where I worked, where he worked, and a few other questions each time (it varied) but I was never denied entry.

Thank you to both of you,

I seem to be getting a better idea but still not the full picture.

It is my understanding that if it isn't for the fact that I have to return to Hong Kong later this month, I could actually consider marrying my partner now and begin the CR1 process because 1) I have been here for two months now on a B2 and 2) because of that I could credibly say that we didn't intent to get married first (which is true, since we were at the beginning still not sure if marriage would work for us).

What I get from d3abc0d3, the first highlighted part, is that we can get married now, and leave it to my then legal spouse to begin the CR1 process, during which I can still enter the US with the B2 (by 10 years tourist visa is good for another 2 years), knowing that I may be encountering difficulties at the POE if the officer senses any suspicions of me staying. But what NLR seems to be suggesting in the second highlighted part is that I cannot.

So what is the position?

Thanks.

[NikLR 13,227]

Thank you to both of you,

I seem to be getting a better idea but still not the full picture.

It is my understanding that if it isn't for the fact that I have to return to Hong Kong later this month, I could actually consider marrying my partner now and begin the CR1 process because 1) I have been here for two months now on a B2 (This "timeframe thing" is irrelevant, it doesn't matter if you were here for 2 months or 2 days, the onus is on the USCIS to prove you intended to immigrate after you're allowed entry by the CBP, not on you to prove you didn't intend.) and 2) because of that I could credibly say that we didn't intent to get married first (which is true, since we were at the beginning still not sure if marriage would work for us).

What I get from d3abc0d3, the first highlighted part, is that we can get married now, and leave it to my then legal spouse to begin the CR1 process, during which I can still enter the US with the B2 (by 10 years tourist visa is good for another 2 years), knowing that I may be encountering difficulties at the POE if the officer senses any suspicions of me staying. But what NLR seems to be suggesting in the second highlighted part is that I cannot. No I am not saying that at all. In fact I am saying the opposite. You can visit. You may get turned away at the POE but you can visit.

So what is the position?

Thanks.

You can visit after marriage.

You cannot AOS on any other trip but this one. Visiting the USA with the intent to stay is illegal and you will be denied entry. People do AOS this way all the time by lying, but you run the risk of misrepresentation and fraud and having a lifetime ban.

AOS is not the same as CR1.

You can certainly get married now and pursue the CR1 visa. Since you have to return to HK and you want to work right away after immigrating, then the CR1 route is the visa path I suggest. you take.

[komnaes 0]

You can visit after marriage.

You cannot AOS on any other trip but this one. Visiting the USA with the intent to stay is illegal and you will be denied entry. People do AOS this way all the time by lying, but you run the risk of misrepresentation and fraud and having a lifetime ban.

AOS is not the same as CR1.

You can certainly get married now and pursue the CR1 visa. Since you have to return to HK and you want to work right away after immigrating, then the CR1 route is the visa path I suggest. you take.

Thanks for the patience NLR. I see what you're saying now.

Yes, the desire to find work is not to be idle longer than I have to. The time it takes to wait for a K-1, for up to 6 months, will make it very difficult to decide whether to find work in Hong Kong as I know I will be unrooted soon after I settle in a new position.

So what's your take if we decide that I come back in a few weeks, and then get hitched in the next trip to begin the CR1 process. Any advices on what we should pay attention to?

Again, all your inputs are keenly appreciated.

[NikLR 13,227]

Remember the CR1 journey requires you to interview and medical in HK or wherever you're legally residing at the time (not in the USA.)

[d3adc0d3 186]

Remember the CR1 journey requires you to interview and medical in HK or wherever you're legally residing at the time (not in the USA.)

I mentioned that in one of my earlier posts too, but yes, good deal to remember that indeed. He or she intends to return to HK, as they have prior engagements which they cannot cancel.

Thanks for the patience NLR. I see what you're saying now.

Yes, the desire to find work is not to be idle longer than I have to. The time it takes to wait for a K-1, for up to 6 months, will make it very difficult to decide whether to find work in Hong Kong as I know I will be unrooted soon after I settle in a new position.

So what's your take if we decide that I come back in a few weeks, and then get hitched in the next trip to begin the CR1 process. Any advices on what we should pay attention to?

Again, all your inputs are keenly appreciated.

The K-1 and K-3 take around 8-10 months until the visa is in your hands; excluding expedited cases. It's up to 6 months for the petition approval. This does not mean that you have the visa, that would be a visa approval, which is another additional 3-4 months. Petitions are approved to say "everything is in order and we found nothing that would make your immediately inadmissible". Once your petition is approved by USCIS it gets shipped to NVC, which then does some minor processing and passes it along to the embassy which will be handling your case. You'll then get a package, called "packet 3" which instructions as to what papers you'll need, and where to book your medical appointment prior to the interview. Typically you'll need an original, certified copy of your birth certificate, a police certificate (criminal record, basically), any military certificates if you served, and your medical done. Sometimes the doctors who perform the medical pass it along directly to the embassy, some will have you come collect it. If you collect do not open it. It has to be sealed.

The process is about the same for every immigration visa, if I am not mistaken. Once you gather the papers and have your medical done you inform the embassy that you're ready to book your appointment for your interview. The interview can be booked in a matter of weeks or a matter of months. This depends on how busy the consulate is with immigration applications, and how many people are working there. Mine was 4 weeks after we provided all the documentation, but that was in Argentina. The interview is where your visa is approved or denied. The interview is kind of the last check to make sure that you're not inadmissible (local information which is not public to USCIS) and to catch any potential scammers. If you pass this you're case will go in Administrative Processing (AP) and a visa will be issued typically within a couple weeks. Some have been known to be months though. Side note: Embassies and Consulates are all very different. Each embassy and consulate has it's own process and regulations. Try to remember this when looking into the process and focus only on your own embassy/consulate. They are like totally different worlds from one embassy/consulate to another.

The CR-1 would take about 10-14 months, but has been issued in 8-10 before. Depends on the consulate, as well as how well your petition is put together. Many people recommend front-loading it (putting everything in the packet for both your Petition and the Interview), aside from the most up-to-date papers necessary at the time of the interview, such as evidence of ongoing relationship, pay-stubs and your most recent tax returns. This depends on the consulate; but it sure does help so you don't have to bring as much with you.

If you come back in a few weeks, and get hitched, to begin the CR1 process, I'd recommend that you read through these forums for the CR1 to get an idea of the paperwork you'll need to gather and provide, prior to your trip back to the US. This will help you give your future spouse all the paperwork he'll need in person (versus mailing it) and a better idea of how to properly file the forms. I, personally, used Rapid Visa (link in my signature) which is a paperwork service. I decided to use them to make sure it was all done correctly and because I simply didn't have the time (I work full time and have children to care for). Basically you fill out their online form, and it populates all the necessary forms. For additional fees they'll even cut the check (after charging your card plus the fee), and mail it to the lockbox. I found it was much easier to use, and with my limited time to figure out paperwork it saved me a lot of worrying. Others would rather save the $400 or so and do it themselves! Depends on the person, and totally up to you guys.

You can visit as often as you want on your B2, as long as the B2 is valid, however you'll need to show enough ties to return to Hong Kong (job, apartment lease, return ticket, etc) or you'd risk being denied at the US airport (Point of Entry aka POE) - especially with an immigration visa petition in the works.

You cannot Adjust your Status (AOS) if you marry and leave the country, and if you come here on a B2 with the intent to marry and AOS that is considered Visa Fraud and you risk a lifetime ban; so coming here to marry and then applying for the CR1 is the best deal, but like NLR mentioned as well as I have, you'll need to return to HK for the medical and interview for a few months.

While you're in the US, take pictures of you two together. You with your spouses family, look in the IR1/CR1 forums for the list of primary and secondary evidence and try to gather them all. Keep your boarding passes, and make sure your entry/exit stamps from the US are present, you'll need photocopies of your entire passport (all pages, even the empty ones) and those stamps prove you were in the US at the times you claim. I'd also recommend that your future spouse be present for your interview if at all possible; I always recommend this. The consulate/embassy may or may not allow him to be there for the interview (depends on the consulate/embassy), but his or her presence in the country can be made known, and it makes a big impact.

I don't really know the IR1/CR1 process, my husband was a K1 visa, not a CR1.

Edited November 3, 2014 by d3adc0d3

[komnaes 0]

Remember the CR1 journey requires you to interview and medical in HK or wherever you're legally residing at the time (not in the USA.)

Thanks NLR, I think it's clearer now.

But is it the case that, say, when I return in my next trip to apply for a CR1 while I am in the US, I am allowed to look for work and leave the country DURING the application is being processed?

And then I will still need to return to HK for interview and medical?

[d3adc0d3 186]

Thanks NLR, I think it's clearer now.

But is it the case that, say, when I return in my next trip to apply for a CR1 while I am in the US, I am allowed to look for work and leave the country DURING the application is being processed?

And then I will still need to return to HK for interview and medical?

You will only be allowed to look for work in the US if you have the appropriate authorization from the government. This means a business/work visa. If you're working abroad for your company back home, whilst on vacation I am not sure; a more senior VJ'er will likely be able to answer that. You will be able to leave and re-enter on your visitor visa as needed, however you still risk being denied at POE, as would anyone requesting to enter the US. A visa does not guarantee entry.

You will definitely need to return to HK for the interview and medical. They can only be done in the country where the interview is taking place, typically the beneficiary's country - some countries are smaller and process visas in other countries though.

[komnaes 0]

You will only be allowed to look for work in the US if you have the appropriate authorization from the government. This means a business/work visa. If you're working abroad for your company back home, whilst on vacation I am not sure; a more senior VJ'er will likely be able to answer that. You will be able to leave and re-enter on your visitor visa as needed, however you still risk being denied at POE, as would anyone requesting to enter the US. A visa does not guarantee entry.

You will definitely need to return to HK for the interview and medical. They can only be done in the country where the interview is taking place, typically the beneficiary's country - some countries are smaller and process visas in other countries though.

Thanks, I need to investigate further.

So in regard to being able to find work in the US while waiting for approval, there's no difference between CR1 and K-1, except CR1 takes longer.

I will still need to return with a visitor B2 visa and risk being turned back from the POE.

[d3adc0d3 186]

Thanks, I need to investigate further.

So in regard to being able to find work in the US while waiting for approval, there's no difference between CR1 and K-1, except CR1 takes longer.

I will still need to return with a visitor B2 visa and risk being turned back from the POE.

A K1 is for a fiancee visa. A CR1 is for a spouse. A K3, functions like a K1 for a spouse, but it's defunct now because the processing time for a CR1 is no longer 2-3 years, it's usually around the same time as a K1; the purpose of the K3 was to allow the spouses to reunite while the I-130 was processing. This is no longer necessary unless you're from a country who's CR1/IR1 visa process is known to take several years.

If you go for the CR1 visa you won't have the visa in hand for 10-14 months, meaning you won't be able to enter the US on it until it's in your hands. Once you enter the US on the CR1 you will be able to start looking for work immediately.

If you go for the K1 visa you won't have the visa in hand for 8-10 months, meaning you won't be able to enter the US on the K1 until it is in your hands. Then you have 90 days to marrry, and after you marry you'll file for the Adjustment of Status, EAD and AP. You won't be able to work unless the EAD is approved and you have the card in your hands. Typically 3-6 months after you file the AOS. So you're looking at 6-9 months after you enter the US on a K1 before you'd be eligible for work.

So, CR-1 you can legally work in the US as soon as you enter on the visa total wait time average: 10-14 months until you can work. K1 visa you have to wait 3-6 months after AOS to work, total average wait time until you can work is 14-18 months.

If you'll be returning on a B2 visa than you cannot work for a US based company. I have worked in other countries on a visitor visa via online freelancing, but I'm unsure of the legalities whilst in the US.

Edited November 4, 2014 by d3adc0d3

[komnaes 0]

A K1 is for a fiancee visa. A CR1 is for a spouse. A K3, functions like a K1 for a spouse, but it's defunct now because the processing time for a CR1 is no longer 2-3 years, it's usually around the same time as a K1; the purpose of the K3 was to allow the spouses to reunite while the I-130 was processing. This is no longer necessary unless you're from a country who's CR1/IR1 visa process is known to take several years.

If you go for the CR1 visa you won't have the visa in hand for 10-14 months, meaning you won't be able to enter the US on it until it's in your hands. Once you enter the US on the CR1 you will be able to start looking for work immediately.

If you go for the K1 visa you won't have the visa in hand for 8-10 months, meaning you won't be able to enter the US on the K1 until it is in your hands. Then you have 90 days to marrry, and after you marry you'll file for the Adjustment of Status, EAD and AP. You won't be able to work unless the EAD is approved and you have the card in your hands. Typically 3-6 months after you file the AOS. So you're looking at 6-9 months after you enter the US on a K1 before you'd be eligible for work.

So, CR-1 you can legally work in the US as soon as you enter on the visa total wait time average: 10-14 months until you can work. K1 visa you have to wait 3-6 months after AOS to work, total average wait time until you can work is 14-18 months.

If you'll be returning on a B2 visa than you cannot work for a US based company. I have worked in other countries on a visitor visa via online freelancing, but I'm unsure of the legalities whilst in the US.

Thanks d3abc0d3

I should have qualified when I said "no difference" between K-1 and CR1.

I meant to say that there is no difference in terms of being able to seek employment and work within the US before either one of the visas is granted.

I knew that there's no way to apply to do that during a K-1 is being processed. It is also clear that I can still come to the US with my tourist B2 visa, knowing that there's always a chance of being turned away at the POE. My question was whether one can apply to seek employment before a CR1 is approved. And it seems the answer is no.

And why I would like to shorten the period of finding employment is that I don't want to spend more time than necessary for being idle. If I return to Hong Kong now to either wait for a K-1 or CR1, which takes at least 6 months in the former case (I know of a recent case that the Japanese friend, whose boyfriend, now husband, applied from California, waited 5 months), I will be in a sort of a limbo in terms of whether I should be looking for employment at all since I know I will likely be moving in 5-6 months.

We are now mostly clear on the timeline for each of the three usual options, which are (1) K-1, (2) CR1 and (3) AoS K-3.

While the final goal is to obtain a green card, we still need to take into another factor which is that we want to be together during the next half year, only to keep the momentum of the relationship. But it seems weighting all the pros and cons we may just have to stick to the more common route of K-1, and I will just have to find ways not to be idle either in Hong Kong and in the US while I come back in using a B2.

Thanks.

(edited for typos)

Edited November 4, 2014 by komnaes

[NikLR 13,227]

AOS is not K3

You have K1.

- petition, visa interview, enter, marry, Adjustment of status, EAD/AP (ability to work and leave), green card -- 6-10 months to enter - another 90 days after AOS is sent to work

CR1

- marry, petition, NVC, visa interview, enter, green card (can work and leave right away) -- 8-18 months total to enter and start working

K3

- obsolete don't bother - granted about 1-3% of all cases who try

AOS

- marry IN the USA before you leave the USA, file AOS, in 3 months you can work. You do NOT have to return to HK. Doesn't really matter what your work obligations are, only your conscience/moral self will say otherwise.