K1 Needs to Leave US - Returning Under CR1 Questions

[RaptureSongbird 533]

I have a few questions that I hope someone can help me with.  We originally went the K-1 route, went through all the waiting, interview, and my partner was approved for a K-1.  He came over during the period it was valid for, and we just got married a few weeks ago.  Unfortunately, life has thrown a wrench into our future/plans and he needs to return to Europe to take care of some family matters.  We both understand that we will have to start over and go the CR-1 route when he leaves.  He isn't able to wait the 8-10 months it's going to take to get a green card at this point and needs to leave sometime in the next 30 days.  Here are the questions I've come up with so far:

 

1.  His I-94 is valid until January 23, 2018.  I understand that, at that point, if we don't have a pending I-485 he is technically "out of status" but that is usually forgiven when going through AOS if you don't file before the I-94 expires.  Does my partner need to leave by January 23, 2018 to avoid any issues of being out of status since we will have to pursue the CR-1 visa?  He is thinking of leaving by February 10th so we have enough money to cover the cost of his ticket back but that would put him potentially 2 weeks out of status.  Would this be an issue if we file the CR-1 or will they forgive a 2 week out of status?

 

2.  Before he leaves, we are going to complete all the documents for the CR-1 so I can send them the day after he leaves.  Since CR-1s take awhile, we want to get the process started ASAP as it will only take a few months, hopefully, for him to resolve everything back in his country.  Will it look odd/be an issue at USCIS/NVC/Embassy for them to see his departure date from the USA as one day and two days after leaving receiving the paperwork for a CR-1?

 

3.  I've looked at the processing times for the CR-1 visa and they look to be about 10-13 months from receipt of the petition to visa in hand.  Does that seem about right from what others have experienced here?

 

4.  What potential pitfalls/problems can we expect by doing this?  We fully expect the embassy to ask why he left, since had a K-1 and could have stayed and he'll be prepared with the answer, but just wondering of any other hiccups we might encounter.

 

Any other advice/tips/suggestions are appreciated!

[Redheadguy03 505]

1. Technically he would have an overstay, but it's not a long time, so should be ok. However, if he can leave before it expires it would help. You do know if you file AOS you can get advanced parole within 3 months or so just a thought. 

 

2. Shouldn't be an issue, you'll discuss it at the interview anyway. 

 

3. It's an estimate, but yes it's around 10 to 14 months on average. 

 

4. Shouldn't be a problem it happens. Just be prepared to be asked about it. 

[RaptureSongbird 533]

8 minutes ago, Redheadguy03 said:

1. Technically he would have an overstay, but it's not a long time, so should be ok. However, if he can leave before it expires it would help. You do know if you file AOS you can get advanced parole within 3 months or so just a thought. 

 

2. Shouldn't be an issue, you'll discuss it at the interview anyway. 

 

3. It's an estimate, but yes it's around 10 to 14 months on average. 

 

4. Shouldn't be a problem it happens. Just be prepared to be asked about it. 

Thanks for your answers.  I know about AP but from what I've been seeing AP/EAD is taking 4-6 months at this point and he can't wait that long.  Even if it was still around the 3 month mark, that isn't going to work for what's going on.

[Redheadguy03 505]

25 minutes ago, RaptureSongbird said:

Thanks for your answers.  I know about AP but from what I've been seeing AP/EAD is taking 4-6 months at this point and he can't wait that long.  Even if it was still around the 3 month mark, that isn't going to work for what's going on.

Good luck! I know sometimes things happen. You guys seem to understand the process, so you'll be fine. 

[Lemonslice 4,841]

File AOS tomorrow and request emergency AP... if they allow it, you will save yourself time and money. 

[RaptureSongbird 533]

20 minutes ago, Redheadguy03 said:

Good luck! I know sometimes things happen. You guys seem to understand the process, so you'll be fine. 

Thanks!  I'm pretty good with documents and processes, so I feel comfortable with this.  The only uncertainty is his departure date.  If we knew for sure we had the extra time to get the funds for the ticket, that would take a big weight off of our shoulders.

[RaptureSongbird 533]

29 minutes ago, Lemonslice said:

File AOS tomorrow and request emergency AP... if they allow it, you will save yourself time and money. 

Thanks for the tip!  Unfortunately the problems don't qualify under the emergency reasons listed.  It's important, and a bit urgent for him to go, but not something that I can see being approved under an emergency.

[geowrian 22,337]

15 hours ago, RaptureSongbird said:

1.  His I-94 is valid until January 23, 2018.  I understand that, at that point, if we don't have a pending I-485 he is technically "out of status" but that is usually forgiven when going through AOS if you don't file before the I-94 expires.  Does my partner need to leave by January 23, 2018 to avoid any issues of being out of status since we will have to pursue the CR-1 visa?  He is thinking of leaving by February 10th so we have enough money to cover the cost of his ticket back but that would put him potentially 2 weeks out of status.  Would this be an issue if we file the CR-1 or will they forgive a 2 week out of status?

The overstay will not impact the CR-1 process since it's less than 180 days of unlawful presence.

 

However, even 1 day of overstay will result in being permanently ineligible for an ESTA (even if they later get a green card, and abandon it and want to visit the US again), and getting a tourist visa would be incredibly difficult in the coming years. So just be aware that they almost certainly won't be able to re-enter the US for the ~12-14 months it takes for the CR-1 visa to process.

 

Quote

2.  Before he leaves, we are going to complete all the documents for the CR-1 so I can send them the day after he leaves.  Since CR-1s take awhile, we want to get the process started ASAP as it will only take a few months, hopefully, for him to resolve everything back in his country.  Will it look odd/be an issue at USCIS/NVC/Embassy for them to see his departure date from the USA as one day and two days after leaving receiving the paperwork for a CR-1?

No, it won't matter. It can be filed while he is still in the US even...although sending it after he leaves means some fields won't apply and it reduces the risk of confusion of them thinking it's an AOS concurrent filing versus consular processing for a CR-1 visa.

 

Quote

3.  I've looked at the processing times for the CR-1 visa and they look to be about 10-13 months from receipt of the petition to visa in hand.  Does that seem about right from what others have experienced here?

I'd lean more towards 12-14 months. If it's sooner, great, but things are definitely on the longer side of timelines across the spectrum right now.

 

Quote

4.  What potential pitfalls/problems can we expect by doing this?  We fully expect the embassy to ask why he left, since had a K-1 and could have stayed and he'll be prepared with the answer, but just wondering of any other hiccups we might encounter.

That's the only one that jumps out off-hand (and the inability to visit, as noted above).

Edited January 3, 2018 by geowrian

[RaptureSongbird 533]

19 hours ago, geowrian said:

The overstay will not impact the CR-1 process since it's less than 180 days of unlawful presence.

 

However, even 1 day of overstay will result in being permanently ineligible for an ESTA (even if they later get a green card, and abandon it and want to visit the US again), and getting a tourist visa would be incredibly difficult in the coming years. So just be aware that they almost certainly won't be able to re-enter the US for the ~12-14 months it takes for the CR-1 visa to process.

 

No, it won't matter. It can be filed while he is still in the US even...although sending it after he leaves means some fields won't apply and it reduces the risk of confusion of them thinking it's an AOS concurrent filing versus consular processing for a CR-1 visa.

 

I'd lean more towards 12-14 months. If it's sooner, great, but things are definitely on the longer side of timelines across the spectrum right now.

 

That's the only one that jumps out off-hand (and the inability to visit, as noted above).

Thanks for all of the information!  He's not eligible for ESTA now anyway so that really won't be an impact.  It's good to know that it won't even be worth it to try to apply for a visitor's visa either during this time and that we're just going to have to wait the 12-14 months for him to return even though it will probably only be about 5-6 months for him to take care of everything he needs to back home.  Luckily I should be able to take time off from work and go over to visit him.  It just sucks that I thought we were finally going to be able to be and stay together and now life has thrown these problems at us to separate us again for awhile.

 

I did already look through the I-130 and saw where there could be some confusion if we tried to submit it before he left and making sure we answered the questions correctly as of the current day.  I think it will be better to fill it out and send it in immediately after he leaves.  It's unfortunate that we'll have such a long wait but I guess we've done it before and we can do it again.

[jakcr1 0]

 

Your situation is very similar to mine. My wife came over on K1 and things just didnt work out for her. She had a horrible time getting used to America and other factors. Our CR1 petition has been received and hopefully we can get this done soon. I do however disagree with the 12 to 14 month time assessment. I believe 10 months from date of receipt is more accurate based off current evidence.

 

 

On 1/2/2018 at 5:15 PM, RaptureSongbird said:

I have a few questions that I hope someone can help me with.  We originally went the K-1 route, went through all the waiting, interview, and my partner was approved for a K-1.  He came over during the period it was valid for, and we just got married a few weeks ago.  Unfortunately, life has thrown a wrench into our future/plans and he needs to return to Europe to take care of some family matters.  We both understand that we will have to start over and go the CR-1 route when he leaves.  He isn't able to wait the 8-10 months it's going to take to get a green card at this point and needs to leave sometime in the next 30 days.  Here are the questions I've come up with so far:

 

1.  His I-94 is valid until January 23, 2018.  I understand that, at that point, if we don't have a pending I-485 he is technically "out of status" but that is usually forgiven when going through AOS if you don't file before the I-94 expires.  Does my partner need to leave by January 23, 2018 to avoid any issues of being out of status since we will have to pursue the CR-1 visa?  He is thinking of leaving by February 10th so we have enough money to cover the cost of his ticket back but that would put him potentially 2 weeks out of status.  Would this be an issue if we file the CR-1 or will they forgive a 2 week out of status?

 

2.  Before he leaves, we are going to complete all the documents for the CR-1 so I can send them the day after he leaves.  Since CR-1s take awhile, we want to get the process started ASAP as it will only take a few months, hopefully, for him to resolve everything back in his country.  Will it look odd/be an issue at USCIS/NVC/Embassy for them to see his departure date from the USA as one day and two days after leaving receiving the paperwork for a CR-1?

 

3.  I've looked at the processing times for the CR-1 visa and they look to be about 10-13 months from receipt of the petition to visa in hand.  Does that seem about right from what others have experienced here?

 

4.  What potential pitfalls/problems can we expect by doing this?  We fully expect the embassy to ask why he left, since had a K-1 and could have stayed and he'll be prepared with the answer, but just wondering of any other hiccups we might encounter.

 

Any other advice/tips/suggestions are appreciated!

 

[geowrian 22,337]

12 minutes ago, jakcr1 said:

I do however disagree with the 12 to 14 month time assessment. I believe 10 months from date of receipt is more accurate based off current evidence.

Every case is different. That said, estimates are based on larger sets of data and over longer periods of time. In particular, what service center you get usually makes the largest difference in total time.

http://www.visajourney.com/content/ir1cr1historical

http://www.visajourney.com/timeline/irstats.php?history=180

[pushbrk 12,884]

On 1/2/2018 at 7:42 PM, RaptureSongbird said:

Thanks for your answers.  I know about AP but from what I've been seeing AP/EAD is taking 4-6 months at this point and he can't wait that long.  Even if it was still around the 3 month mark, that isn't going to work for what's going on.

If he waits until he's done biometrics to leave the US, the EAD and AP will come on the same card 60 to 75 days after doing the biometrics, whether he's still in the US or not.  You can then just send the card to him by courier and he ca return to the US with not problems.  

 

Only if he leaves before biometrics OR tries to re-enter before having AP in hand, will he have any problem upon re-entry.