K1 vs CR1 for existing C1/B1 Visa Holder

[aphroman 0]

Hello all. This is an amazing forum of information and thanks to all of those who keep the information flowing for all of us seeking information.

I'm a US citizen (born here) who is now engaged (over Thanksgiving!) to my Danish partner who has existing visa (C1 and B1) for work as a flight attendant. We would like to get married in the US in July and have second ceremony in Denmark in August. We can swap wedding ceremony orders if necessary (Denmark in July/US in August).

Here is some basic background information on us:

- Met in 2014 socially where I live; engaged in 2015 while on vacation

- He visits me 2-3 a month because of his work travel to my city from Denmark

- I've visited him twice in Denmark and Christmas will be a third

- We are both over 21 and are professionally employed

- We are in excellent health

- He has C1 and B1 Visas because of his employment (airlines); B1 will be renewed in April

- He will relocate to the US after marriage

- No paperwork has been started; we are just starting on the research

My questions are:

- Is it best get married in the US first or Denmark first given our timeline?

- If the US first, can we do a change of status for his B1 to K1 or do a 129F? (Note, he needs his Visa for work reasons)

- If Denmark first, can we do a change of status for his B1 to CR1?

- Do any of these actions impact his C1/B1 statuses?

Thanks for your support!

A. Roman

[Pitaya 2,577]

~Moved form K1 Progress to What Visa Do I Need Discussion Forum~

~Inquiry about family visa options~

Edited December 3, 2015 by Pitaya

[teeak 224]

1) If you get married in the US and he decides to stay, you can file the I-130 and I-485 concurrently and he can adjust status. Keep in mind, he won't be able to work or leave the US until he receives his EAD/AP (work authorization and travel combo card) -- card will take a few months to arrive.

2) K1 visa allows you to enter the US. Since, he's already in the US, he would adjust status to the CR1 category.

K1 is also complicated for you since he won't be able to work on a K1 visa when he enters the US from Denmark. You'll need to wait until you adjust status and again, receive a combo card. Basically the same thing as above.

3) Again, change of status is only when you're in the US. If you continue with consular filing, he will be able to use his B1 visa, complete his medical/interview in Denmark and then enter the US on a CR1.

4) If you go with consular filing, you can marry in either country first. In my opinion, if you want to maintain the B1 visa and continue working, it's probably best to go with consular filing. That way, after entering the US, he can continue working as a legal permanent resident right away.

http://www.visajourney.com/content/compare

[Georgia16 2,858]

Well looks like only CR1 is right for you. You can only get married in us on a K-1 and you will not be able to leave us right after to get married in Denmark.

[NikLR 13,227]

I agree that the CR1 is the best route for you guys. This allows your future spouse to continue working after immigration without delay. The K1 would not be ideal because it takes 60-90 days to get the EAD/AP after the AOS is filed after marriage so that they can leave the USA without the AOS becoming abandoned. It also costs more than a CR1.

[MacUK 983]

1) If you get married in the US and he decides to stay, you can file the I-130 and I-485 concurrently and he can adjust status. Keep in mind, he won't be able to work or leave the US until he receives his EAD/AP (work authorization and travel combo card) -- card will take a few months to arrive.

As he's not in the US right now that would be fraud.

[teeak 224]

As he's not in the US right now that would be fraud.

Oooh he's not? Sorry, I was under the impression that he currently was...my bad! OP, you can ignore my AOS in the US suggestion then.