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

[bobjennyhitched 99]

Ok, we are looking at the CR1 route. Can I visit my spouse in the USA whilst this is processing? I'm getting different answers and need a straight one. I'm from the UK I believe this is under the VWP

[NikLR 13,227]

Yes you can visit him in the USA on vwp.  Yes you can interview in Japan if you have legal residence there.  You would have to find out if you can accompany him or live in Japan but not on a tourist visa.  

 

[stackeria 280]

I'm the furthest thing from an expert on this topic but I have heard of active military personnel with deployment papers successfully requesting that their I-130 processing be expedited by USCIS. I believe the military may even be in a position to provide some legal help and advice for service members.

 

About DCF (Direct Consular Filing) at the London embassy, I'm fairly certain the USC petitioner needs to have been a resident of the UK for a little while (or stationed at a US military base under the jurisdiction of USCIS London) before you can go down that route. If that is your situation, you should contact the US embassy in London for assistance. See: https://uk.usembassy.gov/embassy-consulates/government-agencies/dhs/uscis/i130filing-html/

 

About visiting on the VWP during I-130 processing: You can do it. Unfortunately normal I-130 processing takes long enough that it won't cover the whole period. Don't overstay. Wait the required and reasonable amount of time between visits. It may help to be prepared with documentation showing strong ties to the UK (lease, job, etc...) in case the immigration officer starts asking questions or simply for your own peace of mind as you travel.

 

Good luck!

[Usmalyn 1]

19 hours 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.

K1 is fiancee visa and if approved you come to the USA and be married. If you marry where you are, you need to I-130---K3..if that is approved by NVC it is transferred to the Embassy and becomes a IR1 or CR!. I have found trying to get approvals for anything is almost impossible. We had beed married over 2 years and still had a hassle

[Crazy Cat 41,845]

3 hours ago, jennywhite421 said:

Ok, we are looking at the CR1 route. Can I visit my spouse in the USA whilst this is processing? I'm getting different answers and need a straight one. I'm from the UK I believe this is under the VWP

As others have posted, you definitely CAN visit your spouse in the US while awaiting CR-1 approval.   

[Dianalorena 1,153]

19 hours ago, missileman said:

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.

 When you just got married, co-mingling finances and joint legal documents are well, non-existent or almost non-existent yet.  My husband and I are getting some credit cards together (He added me to one of his) and he visits every time he cans and we document it, we front-loaded the CR-1with everything we had. But I think it's understandable that if you're newlyweds in different countries and USCIS knows this, you can't have a lease or a lot of financial co-mingling. I know the burden and the need to prove it's bona fide it's still there, but it's different for everyone. We opted for the CR-1 because it is superior to the K-1 for everything you listed. 

[bobjennyhitched 99]

Sorry , my fiancé is ex-military, apologies for the confusion, but he is now an IT manager for the same company as me.

[David & Diana R 1,005]

23 hours 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.

NO!

[bobjennyhitched 99]

Thank you. We already have that question answered.

[Andrea&Henry 311]

5 hours ago, stackeria said:

I'm the furthest thing from an expert on this topic but I have heard of active military personnel with deployment papers successfully requesting that their I-130 processing be expedited by USCIS. I believe the military may even be in a position to provide some legal help and advice for service members.

 

About DCF (Direct Consular Filing) at the London embassy, I'm fairly certain the USC petitioner needs to have been a resident of the UK for a little while (or stationed at a US military base under the jurisdiction of USCIS London) before you can go down that route. If that is your situation, you should contact the US embassy in London for assistance. See: https://uk.usembassy.gov/embassy-consulates/government-agencies/dhs/uscis/i130filing-html/

 

About visiting on the VWP during I-130 processing: You can do it. Unfortunately normal I-130 processing takes long enough that it won't cover the whole period. Don't overstay. Wait the required and reasonable amount of time between visits. It may help to be prepared with documentation showing strong ties to the UK (lease, job, etc...) in case the immigration officer starts asking questions or simply for your own peace of mind as you travel.

 

Good luck!

I agree with this, Military personnel have (very well deserved) benefits when it comes to immigration processes. I even saw a case where the k1 visa was approved within a month and half a couple years ago. If I were you, I would get married because having your dad with you is honestly a priority. If your future husband is planned to be stationed in Japan just go with him after your wedding and start the process there. You definitely can have the interview in Japan.  You guys can even have cheap or free  immigration counseling and get your case expedite. Is not complicated at all.

 

I would definitely wouldn't risk applying for a k1 visa because you will be married soon and the k1 visa is only for fiance of an US ctizen. I know there is k2 visa which is similar to the k1 but for spouses. A few years ago it was almost an urban legend but I've seen active cases now.

 

Anyways, I think if he is planning to leave in Japan, why the rush? (sincere question)

[bobjennyhitched 99]

 

5 hours ago, stackeria said:

I'm the furthest thing from an expert on this topic but I have heard of active military personnel with deployment papers successfully requesting that their I-130 processing be expedited by USCIS. I believe the military may even be in a position to provide some legal help and advice for service members.

 

About DCF (Direct Consular Filing) at the London embassy, I'm fairly certain the USC petitioner needs to have been a resident of the UK for a little while (or stationed at a US military base under the jurisdiction of USCIS London) before you can go down that route. If that is your situation, you should contact the US embassy in London for assistance. See: https://uk.usembassy.gov/embassy-consulates/government-agencies/dhs/uscis/i130filing-html/

 

About visiting on the VWP during I-130 processing: You can do it. Unfortunately normal I-130 processing takes long enough that it won't cover the whole period. Don't overstay. Wait the required and reasonable amount of time between visits. It may help to be prepared with documentation showing strong ties to the UK (lease, job, etc...) in case the immigration officer starts asking questions or simply for your own peace of mind as you travel.

 

Good luck!

Thank you. I have a career in the UK so for finance purposes I need to return anyway, also I have the sale of my apartment too before I move. I think I will go visit, luckily my work lets me work from the HQ in Golden CO so I can mix it with work and holidays.

[Andrea&Henry 311]

2 hours ago, jennywhite421 said:

Sorry , my fiancé is ex-military, apologies for the confusion, but he is now an IT manager for the same company as me.

Lol ignore my answer as I wrote before reading this...my bad

[bobjennyhitched 99]

I can go to Japan for 90 days at a time Visa Free. He suggested I go with him for 90 days at a time whilst we wait. He thinks I could (if I want to) take some time off work for six months. We are still thinking about this option.

[David & Diana R 1,005]

23 hours 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.

YES!

[geowrian 22,337]

5 minutes ago, Andrea&Henry said:

I know there is k2 visa which is similar to the k1 but for spouses. A few years ago it was almost an urban legend but I've seen active cases now.

K-2 is for a child of a K-1 beneficiary. I think you meant K-3. However, K-3 is obsolete now..it's very, very rarely issued in the past several years. It's a relic from back when the CR-1/IR-1 was taking multiple years to process.

Edited October 4, 2017 by geowrian