Applying for CR-1 after sucessful K1 marriage

[shoesoff 6]

Hello,

I have searched and searched and can't really find a decent answer to my question, so I really do apologise if this has come up before.

We have just received our NOA2 for our K-1 so the following is hypothetical but, here is my question.

All goes swimmingly, I will have my K1 approved and be heading to America to get married in October. After I get married, apply for the certificate, all within the 90 days, if I (/we) came back to the UK and applied for the CR-1 here, instead of staying and filing for AoS, is there anything that would inhibit that? Would my then wife need to remain in the states for any reason?
I know it's potentially a 6 to 12 month process so she wouldn't be able to stay with me the whole time (which would be our biggest concern) but am I not right in thinking the CR-1 is the same cost as the K-1, and therefore significantly cheaper than the AoS?

I'm really just wondering if anybody has gone through the process this way.

Initially I had planned to come back to the UK with my wife for Christmas and stay for a year or so to save and move back to America but I stupidly didn't look at the financial requirements of having her stay with me here for that long and I won't be meeting them any time soon. So she'd only be able to stay for the maximum 6 months as a visitor.
I wonder, what if we were able to file for the CR-1 before we got back to the UK? Is that possible with online documents and someone from the UK mailing them to the right place?
We have a place to live here, is the main thing. In America we do not have a place of our own to go after we get married...

Really appreciate anyone who can shed some light on this one.
Thank you.

[A'n'L 735]

I'm a little confused by your situation. Why are you trying to get a K1 if you're not planning to stay in the US? You can/could just marry while visiting on VWP, return within 90 days and continue with a spousal petition.

 

The i130 can be sent from the US, in fact it usually is. You would just have to bring/send the required documents.

Edited April 25, 2017 by A'n'L

[shoesoff 6]

1 minute ago, A'n'L said:

I'm a little confused by your situation. Why are you trying to get a K1 if you're not planning to stay in the US? You can/could just marry while visiting on VWP, return within 90 days and continue with a spousal petition.

Honestly, the idea of coming back to the UK came up after applying for the K-1 as my fiancée is really struggling living with her family at the moment and didn't want to have to go back there after getting married. Here we would have a place of our own where, after 2 years of back and forth between our family's homes, we could actually be together properly.

I totally take your point though, and the VWP was an option (though I was under the impression it wasn't quite as simple as, "Hi, I'm here visiting for 90 days and I'm going to get married too, is that cool?") but we wanted to ensure we would be together after getting married and we weren't able to marry before I left the last time in order to get the CR-1 underway. I know, not ideal by any means. But, it sounds like it is possible to do what I'm suggesting, assuming I had all of my documentation with me to file after we get married.

And am I right about the cost? That's the thing that confused me a little. I get that choosing the K-1 is choosing to stay in the states, but it's also a guaranteed (if approved) entry to get married. Surely there would be others who would use the K-1 to ensure their wedding goes ahead and then weigh up the cost of CR-1 and AoS?

Thank you by the way. I really appreciate the quick response.

[Georgia16 2,858]

That is very confusing!

 

If she does not want to move now then it will be a waste of money to pay for medical and the K-1 visa fee.

 

Then I would withdraw the K-1 and then she you guys can apply for the CR-1 visa when you are ready

[JFH 12,190]

I am also confused. Why are going through the hassle and expense of a K-1 if you are not planning to emigrate yet? Contrary to popular belief beyond this forum, you do not need a K-1 if you are just getting married in the USA and then coming home again. People from the U.K. who go to Vegas or Hawaii to get married and come home two weeks later don't need a K-1 and your situation isn't that much different. We got married in the US when I was visiting. Arrived on a Tuesday night, got the license on Wednesday morning, waited the three-day period that WA requires and got married on Saturday morning. I flew back to the U.K on the Tuesday. All done in less than a week. And for less than $300 including rings. VWP permits that. 

 

CR-1 is currently taking 12-14 months. 

Edited April 25, 2017 by JFH

[A'n'L 735]

If you do a K1 and then a CR1, you would have to pay both medical and visa fees twice. It will not be cheaper than K1+AOS. 

[JFH 12,190]

You need to weigh up how much you would be able to earn and save in the U.K. for a year vs the money saved by not filing a separate petition. If you do the K-1 and AOS then you won't be able to work for some time so there will be a loss there but there is the cost of the CR-1 to consider. If you decide to go with a CR-1 (and it sounds like it would have been better for your circumstances all along) then I would abandon the K-1 now so that you don't pay for two medicals and two visa fees. 

Edited April 25, 2017 by JFH

[shoesoff 6]

Thanks everyone,

OK. I honestly am confused at myself for whatever it was I was thinking back in January when I got engaged. I was sure the K-1 made compete sense for what we wanted. I really apologise for the confusion caused by that. And am quite annoyed that that was an option. Although as I say, at the time it was absolutely our intention to stay. It still is mine. And with the financial requirements to have her stay here in England it will actually make a lot more sense to stick with the initial plan - which was to be together permanently after we get married.

Sorry. I feel like this whole topic has just been a re-confirmation of our original plans. We had been swayed by some recent developments over there and here at home but we need to make it work in America.

Thank you so much for your help though everyone. Really, really appreciate it.

[Georgia16 2,858]

2 minutes ago, shoesoff said:

Thanks everyone,

OK. I honestly am confused at myself for whatever it was I was thinking back in January when I got engaged. I was sure the K-1 made compete sense for what we wanted. I really apologise for the confusion caused by that. And am quite annoyed that that was an option. Although as I say, at the time it was absolutely our intention to stay. It still is mine. And with the financial requirements to have her stay here in England it will actually make a lot more sense to stick with the initial plan - which was to be together permanently after we get married.

Sorry. I feel like this whole topic has just been a re-confirmation of our original plans. We had been swayed by some recent developments over there and here at home but we need to make it work in America.

Thank you so much for your help though everyone. Really, really appreciate it.

No reason to be sorry!

 

Also when the K-1 visa is issued you doesn't need to jump on the first plane. You have time to wait and then come a little later (remember to check the date in the visa in your passport so you make sure to do POE before that date) if you need to save money or whatever to live here also while you can't work. 

[shoesoff 6]

17 minutes ago, JFH said:

You need to weigh up how much you would be able to earn and save in the U.K. for a year vs the money saved by not filing a separate petition. If you do the K-1 and AOS then you won't be able to work for some time so there will be a loss there but there is the cost of the CR-1 to consider. If you decide to go with a CR-1 (and it sounds like it would have been better for your circumstances all along) then I would abandon the K-1 now so that you don't pay for two medicals and two visa fees. 

We ultimately decided on the K-1 because being apart as an engaged couple seemed the better option than being apart as a married couple. That is still the case so though I agree the CR-1 may have made sense if we were able to get married back in January, long term we would have really struggled being apart for so long as man and wife.
I know that's not a sensible thing to say but I think as much as this process is all very technical, it's important not to forget the emotional side of it.

[DrEllaNJ 288]

OK I had to read through this thread twice to wrap my head around it too... There was someone recently who had initially applied for (and received) a K1 but decided to move back to home country after the wedding, and go through CR1... 

 

Another thing to keep in mind is that your fiancee (then-wife) will be your sponsor and needs to make 125% of the poverty guidelines (if she doesn't, you need to find a co-sponsor). That could be a complication when you file CR1, because she needs to demonstrate domicile and income in the US, which is harder to do when she's living with you overseas.

 

You don't have a place to stay yet... perhaps you can find one? I know it's not cheap, particularly when you're not working, but maybe worth it?

[DrEllaNJ 288]

found it:

 

[shoesoff 6]

1 minute ago, DrEllaNJ said:

Another thing to keep in mind is that your fiancee (then-wife) will be your sponsor and needs to make 125% of the poverty guidelines (if she doesn't, you need to find a co-sponsor). That could be a complication when you file CR1, because she needs to demonstrate domicile and income in the US, which is harder to do when she's living with you overseas.

 

You don't have a place to stay yet... perhaps you can find one? I know it's not cheap, particularly when you're not working, but maybe worth it?

Excellent point. I hadn't considered that.

Though, her mom is very kindly going to be co-sponsoring for the K-1 Affidavit as she's not earning enough at the moment. Would that not be the case for the CR-1 application too? (I know the I-864 is a little more enforceable but I'm pretty sure she'd be completely fine with it).

And yes, we want to move to Portland eventually, and there are places we could rent for not too much. I just need to convince her that that is the better option than, what would essentially be a free place to stay over here.

[DrEllaNJ 288]

yes, your MIL can be co-sponsor (if she meets the criteria). But she'd still have to demonstrate domicile (or intention to re-establish domicile) in the US - http://www.nolo.com/legal-encyclopedia/how-overseas-us-citizen-proves-us-domicile-form-i-864-sponsorship.html

[shoesoff 6]

1 minute ago, DrEllaNJ said:

yes, your MIL can be co-sponsor (if she meets the criteria). But she'd still have to demonstrate domicile (or intention to re-establish domicile) in the US - http://www.nolo.com/legal-encyclopedia/how-overseas-us-citizen-proves-us-domicile-form-i-864-sponsorship.html

She's not going anywhere any time soon!

Thank you.

And thank you so much for that other link. That's exactly what I was looking for but didn't type in correctly in the search bar.

Seriously. Everyone here is the best. Thank you.

I think I need to talk with my fiancée and figure out exactly what we want to do after we get married. My hunch is that another up-to-14 month wait to be together is going to be at the very bottom of her list though...