abandon K-1 and start spouse visa?

[jess100 53]

what would happen if we abandoned the K-1, got married in Mexico and then applied for a spouse visa? I ask this because after waiting almost a year we still have many, many steps after the fiance visa is granted......We are looking at maybe 3 more years of this kind of involvement with government red tape and forms and fees, and rules and restrictions on travel etc. I'm not sure I can take 3 more years of this.

If I had known we were going to wait this long I would have gone with the spouse visa.

any ideas?

[heo luoi 206]

Since you are lagging in K1 (that sucks sorry ) It sounds like it possible. Timing wise may make sense for you. For the most part my impression was CR1 still did a similar amount/majority of paperwork just more during the visa process. Possible one less AOS since you could get 10 gc vs a 2 yr. Personal judgement call if getting K1 abandoned cleanly and starting back at 1 would be worth it for you.

Edited November 8, 2015 by heo luoi

[Boiler 45,399]

You can, takes about a year.

No idea where your 3 years comes from.

[Pitaya 2,577]

You can do it, some people have done it. Be sure you make a clean break if you do change. I mean do not leave any unfinished business hanging with respect to the K1 process, send in a proper withdrawal letter(s) to USCIS and/or the interviewing embassy/consulate (depending on where you are in the process). Those types of loose ends could come back to haunt you with your next visa endeavor.

Start all over at the beginning of the line, pay all of the requisite fees, and start the spouse visa process, and do what you are doing right now.....wait for the same bureaucracy.....

Good luck on your immigration journey.

Edited November 8, 2015 by Pitaya

[belinda63 3,031]

I am not sure what the 3 years you are referring to are. The main difference between the K-1 and the CR-1 is you have to file to adjust status after you marry in the US. But you can file for the EAD and AP at no extra charge with the AOS and they are normally received in 90 days. Other than that dead time from arrival until EAD/AP are received and the costs there is really no big difference. Since you are already well into the K-1 process why change now?

Even if you marry now he will still get a conditional green card on arrival and you will have to remove conditions two years after that. Time counted towards US citizenship doesn't start until the date he receives his permanent residence so getting married now won't shorten that. Maybe if you clarified what you are trying to accomplish.

Edited November 8, 2015 by belinda63

[jess100 53]

I got the 3 yrs from adding the 3 more months until we get an interview (we don't even have the NOA2 yet) with then getting him here and getting married (say another 3 months total after interview) and then having to go through another interview 2 years from then. That's 2.5 yrs and I'm not sure that's all that needs to be done. Does this sound correct?

If we got married in Mexico and applied from abroad wouldn't the NOA 2 be very quick (that's what I've read here) ? Then go for the interview, etc. but when he arrives we don't have do AOS, and advanced parole and he'd have the ability to travel if needed. We also would not need to go through all the issues with yet another interview and again proving we actually have a relationship.

[aaron2020 11,651]

Since you are lagging in K1 (that sucks sorry ) It sounds like it possible. Timing wise may make sense for you. For the most part my impression was CR1 still did a similar amount/majority of paperwork just more during the visa process. Possible one less AOS since you could get 10 gc vs a 2 yr. Personal judgement call if getting K1 abandoned cleanly and starting back at 1 would be worth it for you.

OP would only avoid AOS with a CR-1 but must start from the back of line.

OP would only get a 10 years green card if the spousal visa takes more than 2 years.

[Boiler 45,399]

Do you live in Mexico?

[belinda63 3,031]

To do DCF you have to be a resident of the country for at least six months. Then you are looking at several months to get to the interview. If you file a spousal visa without being a resident of Mexico you are looking at about a year to the interview. So about the same length of time as if you moved to Mexico next week.

Unless you have been married more than 2 years when he enters the US he will still get a 2 year green card and he will have to file to remove conditions.

I guess your plan will work if you move to Mexico, marry, and live there for two years. Then you could file for DCF and he would get the 10 year green card when he enters the US. Problem there is you would have to sponsor with assets or find a sponsor and you would have to prove a domicile in the US.

[aaron2020 11,651]

what would happen if we abandoned the K-1, got married in Mexico and then applied for a spouse visa? I ask this because after waiting almost a year we still have many, many steps after the fiance visa is granted......We are looking at maybe 3 more years of this kind of involvement with government red tape and forms and fees, and rules and restrictions on travel etc. I'm not sure I can take 3 more years of this.

If I had known we were going to wait this long I would have gone with the spouse visa.

any ideas?

Here is the deal.

If you abandon the K-1 and get marry, you will start from the back of the line. Expect the CR-1 to take a year.

With a CR-1, you will only avoid the AOS and a period of 90 days to wait for an EAD/AP to allow you to work and leave the US without abandoning the process. Everything else is the same.

With either the K-1or the CR-1, you still have the restrictions of having a conditional green card, removal of conditions, and residency restrictions for an LPR. You are avoiding just the AOS with a CR-1.

If you are alluding to 3 years as to when you can become a US citizen and travel freely and live anywhere in the world, then you will be disappointed to know the CR-1 spousal visa does not get you out of a conditional green card, ROC, or naturalization. The K-1 and CR-1 goes through the same thing except for the AOS.

With one year into the K-1, then you are better off sticking with it rather than the CR-1. You are damn close. If you go from the K-1 to the CR-1, then you are essentially trading entering on the K-1 soon to AOS in the US with your husband for spending a year outside the US to get a CR-1 spousal visa. Once you have a conditional green card with either the K-1 or CR-1, the requirements are the same going forward.

Edited November 8, 2015 by aaron2020

[heo luoi 206]

My take is....keep it simple. The processes are convoluted enough already. The process(es) are what they are. Control what you can. Prep as best for what you can't and dont freak about every outlier unless/until they happen.

None of this was ever going to be fast nor easy.

Does swapping K1 for CR1 do that for you? What is really gained? If you swap CR1 and it too takes a long time, then what? Mexico is rather close, relatively, you two have seemingly easier options to spend time together vs others in the community.

[Alaska2012 462]

Why would you want to wait another year to be together here?

[Lainie B 465]

I got the 3 yrs from adding the 3 more months until we get an interview (we don't even have the NOA2 yet) with then getting him here and getting married (say another 3 months total after interview) and then having to go through another interview 2 years from then. That's 2.5 yrs and I'm not sure that's all that needs to be done. Does this sound correct?

If we got married in Mexico and applied from abroad wouldn't the NOA 2 be very quick (that's what I've read here) ? Then go for the interview, etc. but when he arrives we don't have do AOS, and advanced parole and he'd have the ability to travel if needed. We also would not need to go through all the issues with yet another interview and again proving we actually have a relationship.

What interview in 2 years are you referring to?

If you mean the interview for ROC, those are very rare. Most ROC applicants do not get interviewed. Also, getting a CR-1 instead of a K-1 doesn't get you out of having to file for ROC, CR-1s still have to file for ROC.

You are correct about AOS and advance parole, though, that is a major disadvantage of the K-1 compared to the CR-1.

[Unidentified 2,930]

Why delay things another year when you're so close? Can't see how it's worth it if you're just going to postpone everything a year and then do it all over again minus AOS. AOS is not a big deal.

[Amhara 460]

Jess, you are nearly there. TSC is horrendously slow. The thing is if you do CR-1, your petition may be complicated by your current K-1 petition. TSC will take a long time to cancel that petition too. You ARE NOT saving yourself any time at this point to cancel the K-1 and get married. Yes, petitions are being forwarded to CSC and being approved so fast now.

What is your main goal right now? Is it to be together physically or is it to get the US citizenship status?