Several Questions... (YES I did go through first 10 pages of topics!)

[SalishSea 17,829]

2 hours ago, jazzmailman said:

Feb 2019: she arrives in the US and we fly out to a different country for honeymoon, she then returns to her home country.

March 2019: she returns to the US with her parents and we officially get married in California, she then returns to her home country after a week in the US.

April 2019: she comes over again and stays for 1 month this time

May 2019: she returns to her home country due to family obligations for 3 weeks.

June-Sep 2019: she flies out to US again and then stay for 2-3 months this time... 

 

Not going to happen.

 

My fiancé arrived 10/16, we got married 10/21, submitted our AOS/AP/EAD on 11/5, and here we are on 2/5 with ~ two months before he can work or leave the United States with parole.

 

Sounds like CR-1 would suit you much better.  Research is your friend.

[SalishSea 17,829]

1 hour ago, jazzmailman said:

And she also has SSN already (work study at Starbucks back in College), if that possibly makes the AOS/EAP/AP process faster.

It does not.

[lunareclipse 4]

Research is our friend indeed. Wish i found this out sooner. But i guess better to find out now rather than have her get stopped at immigration for trying to enter with tourist Visa and forced to use K1 Visa and stay 6 months without notice.

 

Also when I started K1 application exactly a year ago, circumstances were a little different as well - we haven't had our wedding at the time (we held our wedding in Oct 2018, 9 months after the start of K1 paperwork), nor were we officially married (we still aren't as we were waiting for K1 Visa), wait time for AP wasn't as long... etc. K1 made perfect sense at the time.

 

In any case, i think i will pursue CR-1 Visa and have a few questions:

 

1) I read the wiki-like page for CR-1. Under bonafide marriage, we don't really qualify for any of those. We do have wedding photos, recent photos together, and affidivats that our parents and relatives can possibly vouch for. And later on (maybe even next week), a marriage license from her home country. Are these enough evidence to show that we have bonafide marriage?

 

2) I am thinking about getting the marriage license in her home country, then apply for CR-1 Visa. I'm not too sure if we can get a marriage license in the States as it get a little tricky that we cancelled the K1 Visa, but yet still got married in the States. Any thoughts on this? Is a marriage license in her home country sufficient to apply for CR-1?

 

3) When she uses ESTA to enter the US for the next 12-15 months, will she get extra scrutiny on why she canceled her K1? Even denied entry? If this happens then this could be a serious issue, as then her job as a flight attendant is on the line. I know geowrian previously answered that it is possible to face extra scrutiny at CBP for trying to enter with ESTA, but wondering if anyone else can chime in. Personally i don't believe it will be an issue as most CBP officers i encountered are more or less rational, if she explains to them why we decided to pursue a different type of Visa and shows a valid return ticket, that should be fine. But again that's just my conjecture.

 

On K1 Visa...

 

 

I read on some forums that perhaps having a local government representative push can help facilitate the AP/EAD process a little bit... from 5.5 months to 4.5 months. Any thoughts on this?

 

1 hour ago, Jorgedig said:

Not going to happen.

 

My fiancé arrived 10/16, we got married 10/21, submitted our AOS/AP/EAD on 11/5, and here we are on 2/5 with ~ two months before he can work or leave the United States with parole.

 

Sounds like CR-1 would suit you much better.  Research is your friend.

 

3 Months and you still haven't received anything right?

 

I'm sure i'll have more questions later... again, thank you for all the replies!

 

 

 

Edited February 5, 2019 by jazzmailman
format

[Roel 7,192]

This just might be the most unrealistic plan I've seen on this forum so far. 

 

I think the best advice is to cancel k1 visa, get married and start cr1 process. 

[Roel 7,192]

1 hour ago, jazzmailman said:

 

 

Also when I started K1 application exactly a year ago, circumstances were a little different as well - we haven't had our wedding at the time (we held our wedding in Oct 2018, 9 months after the start of K1 paperwork), nor were we officially married (we still aren't as we were waiting for K1 Visa), 

 

 

Wait what? You already got married in October 2018? Bro you're not even eligible for k1 visa anymore. 

[SalishSea 17,829]

You had your wedding in October?

[SalishSea 17,829]

No member of congress will help “push through” the process because you failed to research and plan.   They can’t make things go faster or affect a result.

 

You  need to slow down and read everything you should have read a year ago.   

[lunareclipse 4]

5 minutes ago, Jorgedig said:

You had your wedding in October?

 

Wedding was hosted in her home country. There is no document nor change in legal status involved. You can even think of it as a celebration.

 

No wedding was held in the States. She is still single in both countries, and same with me.

Edited February 5, 2019 by jazzmailman

[SalishSea 17,829]

1 minute ago, jazzmailman said:

 

Wedding was hosted in her home country. There is no document nor change in legal status involved. You can even think of it as a celebration.

 

No wedding was held in the States. She is still single in both countries, and same with me.

Do some reading here on VJ.   Many have been rejected at the consular level for doing just that.

[Roel 7,192]

1 minute ago, jazzmailman said:

 

Wedding was hosted in her home country. There is no document nor change in legal status involved. You can even think of it as a celebration.

 

No wedding was held in the States. She is still single in both countries, and same with me.

No she is not. Wedding in other country means that you're  married everywhere. You're too married for k1 visa now. 

 

I dont think you realize but people get their k1 denied all the time because people cheat and "celebrate" "unofficial" weddings. At this point you really should cancel k1 visa. Search throughthe forum and see how many people got denied like this. 

[lunareclipse 4]

3 minutes ago, Roel said:

No she is not. Wedding in other country means that you're  married everywhere. You're too married for k1 visa now. 

 

I dont think you realize but people get their k1 denied all the time because people cheat and "celebrate" "unofficial" weddings. At this point you really should cancel k1 visa. Search throughthe forum and see how many people got denied like this. 

 

Thank you. Do you think I have enough evidence to show and apply for CR-1 visa now?

 

Thanks.

[nastra30 2,287]

7 minutes ago, jazzmailman said:

 

Wedding was hosted in her home country. There is no document nor change in legal status involved. You can even think of it as a celebration.

 

No wedding was held in the States.

Hmm, you caught in between not legally married but 'too married' for K1 Visa. It's a dicey situation that happens a lot for some African countries where an engagement ceremony is performed but no wedding, and somehow it's considered too married for K1 and not married enough for CR1.

[Roel 7,192]

I'd add more stuff like tax returns (since you're married you should file as married) , put her on your lease, power of attorney, will, joint bank account etc. 

 

You even  mentioned having wedding pictures already and you applied for k1 visa..  I hope you realize how that looks.

[lunareclipse 4]

47 minutes ago, Roel said:

I'd add more stuff like tax returns (since you're married you should file as married) , put her on your lease, power of attorney, will, joint bank account etc. 

 

You even  mentioned having wedding pictures already and you applied for k1 visa..  I hope you realize how that looks.

 

Not applicable.

Edited February 5, 2019 by lunareclipse
Not applicable.

[belinda63 3,038]

Either you are married or you are not. If you present a wedding certificate dated prior to receiving the K-1 and from another country that may or may not present issues of fraud. 

Why not have her use the K-1 since she already has it, come to the US and get married. She can leave with no problem. Then you can begin the CR-1 process which will take over 1 year.

Once the CR-1 is granted and she enters the US she will receive a stamp in her passport which acts as a green card for one year.