Can you switch from k1 to cr1

[tcovington 175]

My fiancée is here on a k1 visa however he wants to switch to a cr-1 because he doesn’t want to wait for a work visa. Don’t ask me the motivation because idk. Please help. 

[geowrian 22,337]

Nope. You have to start over with an I-130 (and you should withdraw the I-129F as well). ETA: ~12-14 months.

 

Edit: Sorry, I missed that she was in the US on a K-1 already. Get married and file for an EAD + AP along with AOS. ETA: ~4+ months to get the EAD (which lets her work).

Edited March 25, 2018 by geowrian

[j&ana 363]

11 minutes ago, geowrian said:

Get married and file for an EAD + AP along with AOS. ETA: ~4+ months to get the EAD (which lets her work

agree he already has a k-1 visa

Edited March 25, 2018 by j&ana

[JFH 12,190]

The sooner you get married and file for AOS along with the EAD (employment authorization), the sooner he will be able to work. A CR-1 takes around 14 months. It won't take that long to get the EAD. 

 

This post serves as a reminder to those contemplating which visa path to take that the fastest way isn't always the best way. 

[payxibka 10,045]

14 minutes ago, tcovington said:

My fiancée is here on a k1 visa however he wants to switch to a cr-1 because he doesn’t want to wait for a work visa. Don’t ask me the motivation because idk. Please help. 

A visa gives you permission to present yourself at the boarder seeking admittance.  He has already been admitted.  Unless of course he wants to depart the country and seek a new visa from his home country

[Sunnyland 639]

Your fiance seems a little confused. He already entered US using his K1 visa. So now he needs to get married to you (if you did not married yet) and then file for AOS (Adjustment of Status) and include the EAD (employment authorization document) and the AP (Advance Parole or Travel Document). The EAD probably will be approved within 3-5 months and will allow him to work while his greencard is being processed. Those are the general next steps after entering on a K1.

 

Why would he want to abandon all what was accomplished now and seek the spouse visa route? He is in US already. He needs to do AOS in order to get his work permit and then GC.

Edited March 25, 2018 by Sunnyland

[pushbrk 12,910]

You cannot "switch".  You would get married, then start over with a 12 to 14 month spouse visa process.  Your fiance can weigh waiting for work authorization against a new process and arriving and working in the summer of 2019.  There's a third choice but it is to end the relationship and go home to work.

[Cyberfx1024 7,980]

16 hours ago, pushbrk said:

You cannot "switch".  You would get married, then start over with a 12 to 14 month spouse visa process.  Your fiance can weigh waiting for work authorization against a new process and arriving and working in the summer of 2019.  There's a third choice but it is to end the relationship and go home to work.

They are already here in the USA on a K1.

[pushbrk 12,910]

24 minutes ago, cyberfx1024 said:

They are already here in the USA on a K1.

Yes.  The options I gave match that circumstance.

[tcovington 175]

Thank you for all of the answers. That’s what I figured. His thing is he’s be able to go home and work and then when he can come back he’d be able to go straight to work. He’s got it in his head that his ead will take 6 months and he can’t go 6 months without a job. Even though when we called uscis they said cases have been processed since then they just have cases from October as well which is why they’ve kept it at oct. has anyone else recently gone for the ead?

17 hours ago, pushbrk said:

You cannot "switch".  You would get married, then start over with a 12 to 14 month spouse visa process.  Your fiance can weigh waiting for work authorization against a new process and arriving and working in the summer of 2019.  There's a third choice but it is to end the relationship and go home to work.

Would he have to leave while waiting on cr-1?

[tcovington 175]

20 hours ago, Sunnyland said:

Your fiance seems a little confused. He already entered US using his K1 visa. So now he needs to get married to you (if you did not married yet) and then file for AOS (Adjustment of Status) and include the EAD (employment authorization document) and the AP (Advance Parole or Travel Document). The EAD probably will be approved within 3-5 months and will allow him to work while his greencard is being processed. Those are the general next steps after entering on a K1.

 

Why would he want to abandon all what was accomplished now and seek the spouse visa route? He is in US already. He needs to do AOS in order to get his work permit and then GC.

Because he seems to think it’ll be closer to the 6 month mark and he can’t seem to handle it. 

He/we understand the process he’s not comfortable with the 6 month waiting for ead?

[arken 4,197]

If he can’t wait for 3-4 months of EAD time, he can definitely pursue CR1 visa (not a conversion but a new petition), he just needs to be aware than it will probably take more than a year for CR1 visa process. 

[pushbrk 12,910]

16 minutes ago, tcovington said:

Thank you for all of the answers. That’s what I figured. His thing is he’s be able to go home and work and then when he can come back he’d be able to go straight to work. He’s got it in his head that his ead will take 6 months and he can’t go 6 months without a job. Even though when we called uscis they said cases have been processed since then they just have cases from October as well which is why they’ve kept it at oct. has anyone else recently gone for the ead?

Would he have to leave while waiting on cr-1?

Of course he would have to leave before his 90 days are up.  EAD has been taking 90 days for years.  It's pretty consistent.  

[geowrian 22,337]

He really has 2 legal, practical options to be together in the US:

1. Marry and file for AOS + AP + EAD. The EAD will take ~4 months. Sometimes a little sooner, and sometimes longer (there are even some people waiting ~6 months).
   1. If he obtains a firm job offer, he can request an expedite for the EAD. Maybe it gets approved, maybe not. People have had success, although even that seems to be slower right now with cases I've heard from VJ members. YMMV.
2. Start the CR-1 visa process. You must marry first (either in the US or abroad). ETA: ~12-14 months on average at this time.
   1. He must leave within the 90 days.

Pick your poison.

[JC&BS 75]

He should just wait until he is allowed to work. No reason to wait 12 months for a  CR1 visa.