Getting Married in Nov 2017 can I start CR1 in October?

[bobjennyhitched 99]

This may sounds like a stupid question, but here goes.

 

I'm in the UK and my fiancé and I planned on getting married in the US with me on a K1 visa and I was going to do my adjustment of status. However, my poor father had a heart attack and is no longer able to fly plus Denver is like a mile up in the mountains so the altitude would not be good and his insurance through the roof. So, being his only daughter, so he can be there we moved it to the UK. Now, we already filed for our K1 and I understand our only option is to withdraw it and file a CR1.

 

My question is, as we are soon to be married, can we file for the CR1 prior to getting married or do we have to file after our wedding date (25th Nov 2017). Also, what do we need to submit? I ordered extra copies of our marriage certificate so we can send this off along with everything else. What are everyone else experiences? How long will we have to wait? Its soooooo frustrating. Please don't say we should have got married in the US. I wanted my Dad there, I had no option.

 

Thank  you.

[NigeriaorBust 4,087]

   You have to be married before submitting a spousal application.  It will take a year or so after you apply to get to the interview stage.

[Unlockable 7,314]

Sorry of the misfortunes that is going on with your family. But there is no "almost married" process for spousal visas. For one reason that would open up a whole lot of opportunities for others to commit fraud.

 

As an option, can't your fiance travel to you in the next few weeks and you two just get married?

[Crazy Cat 41,884]

For the CR-1, you will need to provide evidence of a bona fide marriage...co-mingled finances, joint legal documents, proof of time actually spent together, etc. 

 

On a positive note, the CR-1:

1. is much less expensive than a K-1.

2. results in an actual Green Card and Social Security Card within about 3 weeks of entering the US. (No Adjustment of Status is required).

3. allows you to immediately work and/or travel outside the US freely. (No EAD/Advanced Parole required)

 

With the processing times for K-1 visas getting longer, CR-1s are becoming more and more practical.

Edited October 3, 2017 by missileman

[bobjennyhitched 99]

Ok spoke to my fiancé this evening. He may get stationed in Japan and asked me to move with him for six months whilst we wait for the CR1. Can I attend my interview at the US Embassy in Tokyo? I've heard this is possible. Or do I need to return to the UK

[Suudsu 66]

37 minutes ago, jennywhite421 said:

This may sounds like a stupid question, but here goes.

 

I'm in the UK and my fiancé and I planned on getting married in the US with me on a K1 visa and I was going to do my adjustment of status. However, my poor father had a heart attack and is no longer able to fly plus Denver is like a mile up in the mountains so the altitude would not be good and his insurance through the roof. So, being his only daughter, so he can be there we moved it to the UK. Now, we already filed for our K1 and I understand our only option is to withdraw it and file a CR1.

 

My question is, as we are soon to be married, can we file for the CR1 prior to getting married or do we have to file after our wedding date (25th Nov 2017). Also, what do we need to submit? I ordered extra copies of our marriage certificate so we can send this off along with everything else. What are everyone else experiences? How long will we have to wait? Its soooooo frustrating. Please don't say we should have got married in the US. I wanted my Dad there, I had no option.

 

Thank  you.

Why don't you have a ceremony in the UK, but then don't sign any papers? Then continue to the US on your K1 (as a fiancee), get married (and sign the papers) in Colorado (it's really easy in Colorado), and then adjust status.

[bobjennyhitched 99]

We have paid for the registrar in the UK etc now. Does this matter? Should we ask for USCIS for advice before we get married and/or withdraw the K1?

[Crazy Cat 41,884]

Just now, Suudsu said:

Why don't you have a ceremony in the UK, but then don't sign any papers? Then continue to the US on your K1 (as a fiancee), get married (and sign the papers) in Colorado (it's really easy in Colorado), and then adjust status.

There are many couples here on VJ who have had K-1 visas denied for having "weddings" outside the US while their K-1s were being processed.....This is risky...

[bobjennyhitched 99]

Missileman - thank you. And thank you all for your information and not thinking I'm stupid for asking  I'll be posting more questions as I go along xxx Please let me know any experiences you had, I'd love to hear them xxxx

[geowrian 22,337]

13 minutes ago, Suudsu said:

Why don't you have a ceremony in the UK, but then don't sign any papers? Then continue to the US on your K1 (as a fiancee), get married (and sign the papers) in Colorado (it's really easy in Colorado), and then adjust status.

This is a very risky proposal...many others have been denied a K-1 because they had unofficial ceremonies. There is a such a thing as being "too married" for a K-1 and not married enough for a CR-1 when it comes to immigration.

Edited October 3, 2017 by geowrian

[Suudsu 66]

3 minutes ago, missileman said:

There are many couples here on VJ who have had K-1 visas denied for having "weddings" outside the US while their K-1s were being processed.....This is risky...

 

1 minute ago, geowrian said:

This is a very risky proposal...many others have been denied a K-1 because they had unofficial ceremonies. There is a such as "too married" for a K-1 and not married enough for a CR-1 when it comes to immigration.

Thanks missileman and geowrian. It's unfortunate that is the case regarding ceremonies.

[Crazy Cat 41,884]

Just now, jennywhite421 said:

Missileman - thank you. And thank you all for your information and not thinking I'm stupid for asking  I'll be posting more questions as I go along xxx Please let me know any experiences you had, I'd love to hear them xxxx

No question is stupid  You will find that Visa Journey is a great community of people who all share a common goal .  Best of luck..

[mexicoAmigo 3]

Hi Jenny, who's the US citizen? Do you qualify for direct consular filing? This could skip the process ahead many months but the US citizen needs to be a foreign resident for at least 6 months.

[bobjennyhitched 99]

My Fiance is the US citizen. Can you explain what direct consular filing is?x

[geowrian 22,337]

10 minutes ago, jennywhite421 said:

My Fiance is the US citizen. Can you explain what direct consular filing is?x

If the petitioner is living abroad with their spouse, the embassy has a USCIS office, and he meets the embassy's requirements, submit the I-130 to the embassy instead of the US. This cuts down the processing timeline from 12-14 months to usually weeks or a few months since it's handled locally.

Edited October 4, 2017 by geowrian