K1 or IR-1 with three countries involved

[Elrona 101]

Hi there! We have been doing some research but still have some questions, especially considering the fact that there are basically three countries involved. It would be great to hear your suggestions!

 

Me: Estonian Citizen

Fiancee: U.S. Citizen

Countries involved: Estonia, U.S., New Zealand

We plan to live in U.S. starting around autumn 2018.

 

He will come to visit me in May 2017. i would return to US with him in May 2017 for three weeks after what we would be both working in New Zealand from July to October. Then we planned for me to return with him to U.S. and stay there until December, after what I'd go to my job in Estonia (already have the job contract) starting in December 2018. In my dreams, as soon as my work is done in Estonia (March/April 2018, I'd return to U.S. to be with him). July 2018 to October 2018 would be again spent together working in New Zealand and then after that I would not return to Estonia any more to live there but would move to him in Colorado.

 

Of course our aim is to minimize the amount of time that we are not together. Work authorization would not be that big of problem but what does concern us is the need to travel between three different countries in the upcoming year.

 

Basically the different possibilities we have thought:

a) filing for K1 visa as soon as we got to New Zealand this year, then getting married in US in the autumn and starting visa adjustment process in U.S. with aiming to get the parole so I could still start my work in Estonia.

   - cons with that plan are that I might not get K1 visa approved in that short time line (earliest we could file it would be around 20th of June and most likely around 15th of October we would need to leave NZ). Also not so sure how they would handle the process as neither of us is the resident of New Zealand and its just us being there to work during the winter season.

b) The same as above but after getting married on K1 visa, I'd return to Estonia and start the process while in Estonia and hopefully get everything arranged before July 2018 when we both need to go to New Zealand again.

    - cons are that I've understood its more expensive way to do it like that, also question is what would happen if I won't get my visa interview before July 2018. If interview needs to happen in Estonia and I'm in New Zealand... its a bit too far away to fly back.

c) Enter U.S. on WVP in 2017 October, getting married there and then I'd return to Estonia and would start the IR-1.

    - cons: I'm absolutely terrified that I would not be let in U.S. when flying back from New Zealand, although I honestly do not have any intention to stay there after getting married on WVP. I know it would be a fraud and I do have a job from December 2017-March/April 2018. Another con is that if the visa process will take too long, we wouldn't see each other for 4-6 months, as I understand its quite tricky to enter as a guest, when the IR-1 is already on its way. Also again I'm worried what if my visa interview would be pushed so far back that I'm already going back to New Zealand?

 

Those are the three options we've thought about. We also thought about getting married during my May 2017 visit and then filing IR-1 while in New Zealand, but as IR-1 takes longer than K1 then we're 99% sure we'd need to leave New Zealand before everything gets settled.

 

To people, who have more experience - is any of the options way better than others? Or is there a fourth option we have not thought about?

 

[Georgia16 2,858]

11 minutes ago, Elrona said:

Hi there! We have been doing some research but still have some questions, especially considering the fact that there are basically three countries involved. It would be great to hear your suggestions!

 

Me: Estonian Citizen

Fiancee: U.S. Citizen

Countries involved: Estonia, U.S., New Zealand

We plan to live in U.S. starting around autumn 2018.

 

He will come to visit me in May 2017. i would return to US with him in May 2017 for three weeks after what we would be both working in New Zealand from July to October. Then we planned for me to return with him to U.S. and stay there until December, after what I'd go to my job in Estonia (already have the job contract) starting in December 2018. In my dreams, as soon as my work is done in Estonia (March/April 2018, I'd return to U.S. to be with him). July 2018 to October 2018 would be again spent together working in New Zealand and then after that I would not return to Estonia any more to live there but would move to him in Colorado.

 

Of course our aim is to minimize the amount of time that we are not together. Work authorization would not be that big of problem but what does concern us is the need to travel between three different countries in the upcoming year.

 

Basically the different possibilities we have thought:

a) filing for K1 visa as soon as we got to New Zealand this year, then getting married in US in the autumn and starting visa adjustment process in U.S. with aiming to get the parole so I could still start my work in Estonia.

   - cons with that plan are that I might not get K1 visa approved in that short time line (earliest we could file it would be around 20th of June and most likely around 15th of October we would need to leave NZ). Also not so sure how they would handle the process as neither of us is the resident of New Zealand and its just us being there to work during the winter season.

b) The same as above but after getting married on K1 visa, I'd return to Estonia and start the process while in Estonia and hopefully get everything arranged before July 2018 when we both need to go to New Zealand again.

    - cons are that I've understood its more expensive way to do it like that, also question is what would happen if I won't get my visa interview before July 2018. If interview needs to happen in Estonia and I'm in New Zealand... its a bit too far away to fly back.

c) Enter U.S. on WVP in 2017 October, getting married there and then I'd return to Estonia and would start the IR-1.

    - cons: I'm absolutely terrified that I would not be let in U.S. when flying back from New Zealand, although I honestly do not have any intention to stay there after getting married on WVP. I know it would be a fraud and I do have a job from December 2017-March/April 2018. Another con is that if the visa process will take too long, we wouldn't see each other for 4-6 months, as I understand its quite tricky to enter as a guest, when the IR-1 is already on its way. Also again I'm worried what if my visa interview would be pushed so far back that I'm already going back to New Zealand?

 

Those are the three options we've thought about. We also thought about getting married during my May 2017 visit and then filing IR-1 while in New Zealand, but as IR-1 takes longer than K1 then we're 99% sure we'd need to leave New Zealand before everything gets settled.

 

To people, who have more experience - is any of the options way better than others? Or is there a fourth option we have not thought about?

 

The highlighted can not be done on a K-1.

 

After you come here on a K-1 you will have to get married and then apply for AOS/EAD/AP. AP is what allowed you to come back into the country after you have left and that takes about 3 months from when you file so as you can see you will be pressured in time also what if you get a interview when you are out of the country?

 

You should think about a spouse visa. You can work here and travel as soon as you arrive  

It takes about a year to get so get married and file ASAP then you'll make you dream.

 

Oh and it will be CR-1 since you will be married under 2 years.

Edited March 15, 2017 by Georgia16

[nightingalejules 678]

This is a tough one. The best option is option C (get married at any time, really, even if it is just a civil ceremony and you have a fancy ceremony (if you want one) later, go to Estonia for your job and apply for CR1 visa.) Given that you have a contract for your job(s) and evidence that you do not plan to remain in the US after you're married but before you have an immigrant visa, you are likely to be admitted to the US under the VWP. I personally had no difficulties entering the US multiple times during my CR1 visa process, I made sure to have lots of evidence that I was going to leave again, but was never actually asked to provide it. However, I'm from Canada, which is considered to be pretty low risk, and I do have the "privilege" of being a white English speaker, so I'm sure that helped.

 

The trouble with any of these plans is that you said that you're going back to NZ to work again after coming to the US as a Permanent Resident. This may cause problems. First of all, the whole point of being a Permanent Resident is that you're  permanently residing in the US. You're technically safe to travel anywhere you want with your green card, but if you're not planning on living more than half of every year in the US (and not leaving the US for more than 6mo at a time) you may be considered to have abandoned your green card and you'd have to start all over with the time and expense of applying for it.

 

And, depending on what the wait times are like when you apply, you may wind up in the situation you fear, where you are required to be somewhere for an interview, when you have to be in another country for work. 

 

The best option might be to get married as soon as possible, and start the process for your spousal (IR1/CR1 visa). Once the case gets to the NVC stage (which is the last stage before the interview), you can control the speed with which the process moves, to a certain extent, by choosing when to respond to the various prompts (paying fees, filling in forms, etc). As long as you keep your application active (by being in touch with them at least once every few months) you would probably be able to get your interview to fit into whatever timeline you need. 

 

Just be very sure that you're ready to commit to remaining physically present in the US for more than half of each year for at least 3 years until you can apply for citizenship. This process is time-consuming and expensive, and you wouldn't want to lose your Permanent Resident status so soon after you'd finally got it!

 

 

 

 

[Elrona 101]

Thank you so much for your answers!

 

Georgia16, the highlighted part would luckily happen after K1 has already been turned into marriage and into AP too. But as you brought out, there would be quite a lot pressure in time and if anything is delayed too long then it would mess up plans.

 

Nightingalejules, we’d return to New Zealand as both of us work as ski instructors and travelling between hemispheres just comes with that. We probably wouldn’t do that forever, as when we’d decide to have children, it would be too much hassle to pack everything together after every half a year!

But certainly, from late October until late May, we’d be living in U.S. Maybe occasional visits to Estonia still keeping an eye on not exceeding the allowed time period. I do hope that when the question is raised, they would consider that we keep changing countries because of work requirements.

Thanks for the “control the speed” idea. Did not think of that, but that would definitely be one way to try to keep things under control.

 

As you mentioned, that its still possible to visit during CR1/K1 pending. For some reason, I had the impression it is not allowed.

Then the fourth option would be either getting married in New Zealand in autumn 2017 or start K1 process autumn 2017 while in New Zealand. I could enter to U.S. on WVP. Worse that would happen is that on our way back from New Zealand to U.S. they would deny entry at POE and I’d need to take the next flight to Estonia couple of weeks earlier then we at first intended. It would be inconvenient, but the CR1/K1 paperwork would still already be in progress.

[nightingalejules 678]

54 minutes ago, Elrona said:

 

 

As you mentioned, that its still possible to visit during CR1/K1 pending. For some reason, I had the impression it is not allowed.

Then the fourth option would be either getting married in New Zealand in autumn 2017 or start K1 process autumn 2017 while in New Zealand. I could enter to U.S. on WVP. Worse that would happen is that on our way back from New Zealand to U.S. they would deny entry at POE and I’d need to take the next flight to Estonia couple of weeks earlier then we at first intended. It would be inconvenient, but the CR1/K1 paperwork would still already be in progress.

Yes, it's allowed, but you will be under greater scrutiny, since you obviously do have the intent to immigrate, so it's up to you to prove that you aren't trying to immigrate until your paperwork is approved.

In my opinion, there are too many things that could go wrong or run too long with the K1 visa. The visa itself, then getting married, then filing the AOS and applying for AP... Courting too many deadlines, when you have limited windows of availability. Best to do ir1

[Elrona 101]

Thank you so much! Yes, right now ir1 will seem the best way to go. And I will prepared to gather tons of evidence to prove that I have no intent to immigrate before its legally okay.