IR1/CR1 Question

[lifequestion101 5]

Hello everyone! 

 

First of all, I apologize if this post is in the wrong section.

 

I am currently in a dilemma. My fiance and I are planning on getting married, but due to some external forces, we are getting married in May. However, as I understand it, filing for K-1 right now will put us around July at the earliest to be granted a K-1. I am currently near the tail end of gathering the necessary evidentiary materials for the K-1 when I was alerted to our current situation. What I wish to know is, is there any possible way for my fiance (or then wife if we were to proceed and get married) to be legally in the US and file the 130/485 concurrently? If not, is seeking the K-1 the better route? I can somehow ask/push for the postponement of the wedding if it means my fiance can come and be with me immediately. My fiance is from South Korea and I am a natural born US Citizen, if these facts affect anything.

 

I thank you for your time and help!

[Cheezees 1,514]

I am not really sure what you are asking. Only you can decide if the K1 or the CR1 is the better choice for you. I know you didn't specify but what is forcing you to get married in May?  Good luck with whichever path you choose!

Edited January 10, 2017 by Cheezees

[geowrian 22,337]

You can file an I-130 at any time after your are legally married. However, your fiance cannot enter the US with the intent to file for AOS. That is clear visa fraud and discussion is not permitted on this site.

 

The legal methods are for you to either stick with a K-1 visa plan and wait it out (I would plan for a little over 6 months processing time...there's a bit of a backlog growing currently), or get married then file for a CR-1 visa.

 

Your fiance can either use an existing, or attempt to obtain a new, tourist visa to visit you in the US while the CR-1 is pending. While not common, it is possible for the visa to be rejected or for her to be turned away at POE due to CBP determining that she is too likely to stay due to immigrant intent. That's a decision for the CBP officer to make (if you go that route).

[lifequestion101 5]

5 hours ago, geowrian said:

You can file an I-130 at any time after your are legally married. However, your fiance cannot enter the US with the intent to file for AOS. That is clear visa fraud and discussion is not permitted on this site.

 

The legal methods are for you to either stick with a K-1 visa plan and wait it out (I would plan for a little over 6 months processing time...there's a bit of a backlog growing currently), or get married then file for a CR-1 visa.

 

Your fiance can either use an existing, or attempt to obtain a new, tourist visa to visit you in the US while the CR-1 is pending. While not common, it is possible for the visa to be rejected or for her to be turned away at POE due to CBP determining that she is too likely to stay due to immigrant intent. That's a decision for the CBP officer to make (if you go that route).

Oh, no! I am not trying to discuss anything illegal. I was just curious as to if there was a legal route. However, it seems that is not the case. It certainly seems like K-1 is the route to take if we were to live together immediately after the wedding. 

 

Just one more question, what are the options for me on my end? For instance, if we were to get married like originally planned in May, and I decide to explore employment options in South Korea so we can be together, what are the necessary steps to take in order to make that decision a smoother one?

 

Thank you for your reply! 

[NikLR 13,227]

~~moved towhat visa do i need from IR1/CR1 process and procedures~~

[geowrian 22,337]

2 hours ago, lifequestion101 said:

Oh, no! I am not trying to discuss anything illegal. I was just curious as to if there was a legal route. However, it seems that is not the case. It certainly seems like K-1 is the route to take if we were to live together immediately after the wedding. 

 

Just one more question, what are the options for me on my end? For instance, if we were to get married like originally planned in May, and I decide to explore employment options in South Korea so we can be together, what are the necessary steps to take in order to make that decision a smoother one?

 

Thank you for your reply! 

No worries! I was just guiding you towards the legal options.

 

So you're asking about emigration to South Korea? Or, at least, working in South Korea? I'll have to defer to others on that...this is an immigration site and I only know about coming to the US, not leaving it. Sorry I can't be of more help there.

 

Good luck!

[lifequestion101 5]

3 hours ago, geowrian said:

No worries! I was just guiding you towards the legal options.

 

So you're asking about emigration to South Korea? Or, at least, working in South Korea? I'll have to defer to others on that...this is an immigration site and I only know about coming to the US, not leaving it. Sorry I can't be of more help there.

 

Good luck!

Thank you for the quick reply! 

 

Just one more question, I've consulted a few attorneys and they've told me that some K-1 pursuers still have a non-binding ceremony prior to the issuance of a K-1. I feel this is risky and chancing it will be detrimental. What are your (and anyone else's) thoughts?

[geowrian 22,337]

1 minute ago, lifequestion101 said:

Thank you for the quick reply! 

 

Just one more question, I've consulted a few attorneys and they've told me that some K-1 pursuers still have a non-binding ceremony prior to the issuance of a K-1. I feel this is risky and chancing it will be detrimental. What are your (and anyone else's) thoughts?

No problem! Good luck!

 

This is a common question. Heck, there was posting on this just an hour or two ago...

In general, a pre-wedding ceremony or engagement party is not recommended as USCIS may think you already got married and are still trying to use the K-1 process (as it's faster to enter the US than the CR-1 route). It's technically allowed, but it's probably not worth the risk. Exceptions are for places where such an engagement party is customary (i.e. where not having one would be unusual).

[lifequestion101 5]

15 minutes ago, geowrian said:

No problem! Good luck!

 

This is a common question. Heck, there was posting on this just an hour or two ago...

In general, a pre-wedding ceremony or engagement party is not recommended as USCIS may think you already got married and are still trying to use the K-1 process (as it's faster to enter the US than the CR-1 route). It's technically allowed, but it's probably not worth the risk. Exceptions are for places where such an engagement party is customary (i.e. where not having one would be unusual).

Awesome reply! Thank you very much! I don't want to risk anything nor chance anything! 

[KierenHby 899]

But you'd still need to present, at minimum, a basic level of delineating evidence that she's now you fiance as opposed to formerly being a girlfriend. 

[geowrian 22,337]

1 hour ago, KierenHby said:

But you'd still need to present, at minimum, a basic level of delineating evidence that she's now you fiance as opposed to formerly being a girlfriend. 

Yes, absolutely. And the letter of intent to marry from both the beneficiary and petitioner.

[lifequestion101 5]

2 hours ago, geowrian said:

Yes, absolutely. And the letter of intent to marry from both the beneficiary and petitioner.

Does it matter if the affidavits/letters of intent are notarized or not? (as well as any translations?)

[NikLR 13,227]

No. 

4 minutes ago, lifequestion101 said:

Does it matter if the affidavits/letters of intent are notarized or not? (as well as any translations?)

 

[sajan953 4]

On top of the fact that it would be illegal (as one member stated) for your spouse to file from the US.. it takes MUCH longer to get approved for a CR1. You may be looking at up to 6 months to get approved for K1/K3.. But only the first part of the CR1 takes 5/6 months!

Sure with a CR-1 your spouse can work and get their social security upon entry to the US, but it will take almost double the time for them to actually get into the US. 

You do have the option to get married and be in South Korea and file for CR1 from there, although im not well informed about Koreas working rules. 

From someone who is doing IR1 from overseas... I recommend you do K1/K3 if you are trying to get your fiancee to the US asap! But in the end its your choice!!

 

P.s. My aunt brought her fiancee over in 3 months through K visa. So it can be less than 6 months. 

[NikLR 13,227]

8 hours ago, sajan953 said:

On top of the fact that it would be illegal (as one member stated) for your spouse to file from the US.. it takes MUCH longer to get approved for a CR1. You may be looking at up to 6 months to get approved for K1/K3.. But only the first part of the CR1 takes 5/6 months!

Sure with a CR-1 your spouse can work and get their social security upon entry to the US, but it will take almost double the time for them to actually get into the US. 

You do have the option to get married and be in South Korea and file for CR1 from there, although im not well informed about Koreas working rules. 

From someone who is doing IR1 from overseas... I recommend you do K1/K3 if you are trying to get your fiancee to the US asap! But in the end its your choice!!

 

P.s. My aunt brought her fiancee over in 3 months through K visa. So it can be less than 6 months. 

K3 is obsolete and if it goes through takes just as long as the CR1/IR1