Applied fiance visa, got married. Can we still continue with our case?

[issea 43]

2 minutes ago, missileman said:

Annulment in PI takes about 2 years..........about a year longer than a new CR-1 spousal visa would take.

I see. Then no other even theoretically possible way but re-petitioning for CR-1. 

[issea 43]

8 minutes ago, Unidentified said:

why try to lie to USCIS about never being married? That just feels awfully close to trying to scam the system. 

So you are saying annul the marriage is lying to USCIS? So basically they cannot explain to the USCIS that they made an innocent mistake by getting married and they want to fix it by cancelling the marriage? Sorry I don't know the requirements to annul a marriage, and you implied regret is not a righteous/legal reason. 

 

Anyway I agree that the PO should start all over for CR-1. 

[Unidentified 2,930]

1 minute ago, issea said:

So you are saying annul the marriage is lying to USCIS? So basically they cannot explain to the USCIS that they made an innocent mistake by getting married and they want to fix it by cancelling the marriage? Sorry I don't know the requirements to annul a marriage, and you implied regret is not a righteous/legal reason. 

 

Anyway I agree that the PO should start all over for CR-1. 

I'm not saying annulment of a marriage by itself is lying to USCIS. But in this scenario it sort of is. You sign papers saying you're free to marry send the application in. Then you get married and then you want to pretend like it never happen. 

[Crazy Cat 41,920]

16 minutes ago, issea said:

I see. Then no other even theoretically possible way but re-petitioning for CR-1. 

All in all, the CR-1 is better, in my opinion.

 K-1

    More expensive than CR-1

    Requires Adjustment of Status after marriage (expensive and requires a lot of paperwork)

    Spouse can not leave the US until she receives approved Advance Parole (approx 3-4 months)

    Spouse can not work until she receives EAD (approx 3-4 months)

    some people have had problems with driver licenses, Social Security cards, leases, bank account during this period .

    Spouse will not receive Green Card for many months after Adjustment of Status is filed.

CR-1

    Less expensive than K-1

    No AOS required.

    Spouse can immediately travel outside the US

    Spouse can start work if desired

    Spouse receives Social Security Card and Green Card withing 2 or 3 weeks after entering the US

    Spouse  has legal permanent Resident status IMMEDIATELY upon entry to US.

 

All-in-all, the CR-1 is superior to the K-1 imo.

[C&AH 104]

4 minutes ago, issea said:

So you are saying annul the marriage is lying to USCIS? So basically they cannot explain to the USCIS that they made an innocent mistake by getting married and they want to fix it by cancelling the marriage? Sorry I don't know the requirements to annul a marriage, and you implied regret is not a righteous/legal reason. 

 

Anyway I agree that the PO should start all over for CR-1. 

Getting married is an innocent mistake? Think of how that might sound to a CO.

[tamcloud 92]

43 minutes ago, issea said:

So you are saying annul the marriage is lying to USCIS? So basically they cannot explain to the USCIS that they made an innocent mistake by getting married and they want to fix it by cancelling the marriage? Sorry I don't know the requirements to annul a marriage, and you implied regret is not a righteous/legal reason. 

 

Anyway I agree that the PO should start all over for CR-1. 

The moment they got married, the existing K-1 was invalidated. Even if they divorced/annulled (more money), they'd then have to start a new K-1 application after waiting for the divorce/annulment to be finalized (even more time). 

 

[Lucky2Lucky 2,526]

You are no longer fiancés needless to say this route is no longer for the two of you.

[Loren Y 2,755]

Upside you will have your green card 3 weeks after POE. and no AOS.

Edited July 17, 2018 by Loren Y

[Urhermosa 2]

54 minutes ago, Loren Y said:

Upside you will have your green card 3 weeks after POE. and no AOS.

Thank you. What's AOS and POE means? 

[Urhermosa 2]

1 hour ago, Luckycuds said:

You are no longer fiancés needless to say this route is no longer for the two of you.

Thank you. 

[Urhermosa 2]

2 hours ago, missileman said:

All in all, the CR-1 is better, in my opinion.

 K-1

    More expensive than CR-1

    Requires Adjustment of Status after marriage (expensive and requires a lot of paperwork)

    Spouse can not leave the US until she receives approved Advance Parole (approx 3-4 months)

    Spouse can not work until she receives EAD (approx 3-4 months)

    some people have had problems with driver licenses, Social Security cards, leases, bank account during this period .

    Spouse will not receive Green Card for many months after Adjustment of Status is filed.

CR-1

    Less expensive than K-1

    No AOS required.

    Spouse can immediately travel outside the US

    Spouse can start work if desired

    Spouse receives Social Security Card and Green Card withing 2 or 3 weeks after entering the US

    Spouse  has legal permanent Resident status IMMEDIATELY upon entry to US.

 

All-in-all, the CR-1 is superior to the K-1 imo.

Thank you so much for this. Got an idea about it, it really helps! Me and my husband can make it and I am pretty sure of it! 

[Loren Y 2,755]

5 minutes ago, Urhermosa said:

Thank you. What's AOS and POE means? 

POE is short for Point of Entry ( When you come into the US you go thru a POE). and the AOS ( Adjustment of Status) is what you have to do after your enter on a K1 visa to the tune of 1225.00 currently. So there's 1225 dollars back in your pocket in a way.

[mushroomspore 3,044]

4 minutes ago, Urhermosa said:

Thank you. What's AOS and POE means? 

AoS = adjustment of status (green card application submitted by people who are in the US and are allowed to apply for a green card.)

 

PoE = port of entry (place where you enter the US. Usually an airport, but also includes sea ports like San Diego, the Canada-US border where many people drive and the US-Mexico border where many people also drive).

 

You need to read this page IMMEDIATELY.

 

Do not make any more mistakes regarding your immigration into the US. Take it seriously and learn everything before you do anything else. You're okay right now because you're not in the US yet. But any other mistakes risk incurring a ban or denial.

[Urhermosa 2]

1 minute ago, mushroomspore said:

AoS = adjustment of status (green card application submitted by people who are in the US and are allowed to apply for a green card.)

 

PoE = port of entry (place where you enter the US. Usually an airport, but also includes sea ports like San Diego, the Canada-US border where many people drive and the US-Mexico border where many people also drive).

 

You need to read this page IMMEDIATELY.

 

Do not make any more mistakes regarding your immigration into the US. Take it seriously and learn everything before you do anything else. You're okay right now because you're not in the US yet. But any other mistakes risk incurring a ban or denial.

Thank you so much for the reply. I do really appreciated it, really helps!  I am thinking the same. Do it all right as I don't want to be in trouble in the future. Thank you again!

[Don Godwin 225]

9 hours ago, Urhermosa said:

Me and my husband applied fiance visa and it's already processed 4 months now. But we got married a month ago, got marriage certificate but not yet authenticated. Can we still continue with our case?  Need help please. Thank you 

you are gonna have to withdraw your K1 and start your K3 processing