Which option would be the best?

[EnglishLove 112]

I'm in the process of my k-1 and I'm waiting for my NOA2. I'm wondering what option would be the best route to take if my visa gets denied (my fiance from the UK has some cautions that could result in being denied). I was just going to file a waiver but after doing some reading, it seems like those typically take 6-8 months. And then if that's approved and he moves over with me, we'll have a another possible 6 or more months of waiting again before he can even seek employment. So if we're denied at the interview (I'm trying to go over to England to be with him during the interview), should we get married in England and just file for the CR-1 or just do the waiver and stick with the K-1? 

I'm aware that even with the CR1, we could still be denied and have to file a waiver but I've read mixed responses about criminal record inadmissibility between the K-1 and CR-1. He does not have any domestic violence, drug charges, or sex crimes which is what some people have said can get the Spousal visa denied. So clarification on that would be helpful. Thank you so much!  

[EM_Vandaveer 2,408]

You can do that, however, you need a special visa yourself in order to marry in the UK. Alternatively, you can get married in Gibraltar (no special visa required).

 

That said, if he's being denied for multiple things in his criminal record then he'll get denied for a CR-1, too.

[SalishSea 17,819]

33 minutes ago, Pooley said:

I'm in the process of my k-1 and I'm waiting for my NOA2. I'm wondering what option would be the best route to take if my visa gets denied (my fiance from the UK has some cautions that could result in being denied). I was just going to file a waiver but after doing some reading, it seems like those typically take 6-8 months. And then if that's approved and he moves over with me, we'll have a another possible 6 or more months of waiting again before he can even seek employment. So if we're denied at the interview (I'm trying to go over to England to be with him during the interview), should we get married in England and just file for the CR-1 or just do the waiver and stick with the K-1? 

I'm aware that even with the CR1, we could still be denied and have to file a waiver but I've read mixed responses about criminal record inadmissibility between the K-1 and CR-1. He does not have any domestic violence, drug charges, or sex crimes which is what some people have said can get the Spousal visa denied. So clarification on that would be helpful. Thank you so much!  

There is no higher bar/inadmissibility difference between visas.

[databit 328]

Since you know that even marriage could still result in a denial, you need to ask yourself if you are 100% willing and prepared to immigrate to the UK to be with him.

[EnglishLove 112]

1 minute ago, databit said:

Since you know that even marriage could still result in a denial, you need to ask yourself if you are 100% willing and prepared to immigrate to the UK to be with him.

I am unable to move to the UK as I have kids and their dad would never allow that. But he has two adult cautions, one being common assault in 2012 when he fought his brother (basically his brother was in his dad's face so my fiance grabbed him and threw him out and lock the door. Brother got mad and called the cops) The second is the caution that could cause us trouble because he bought a dirt bike in 2015 that was reported stolen and he didn't know. Cops said because he didn't know, he won't charge him but will let him go with a caution because he said he bought it.

 

[carmel34 3,622]

25 minutes ago, Pooley said:

I am unable to move to the UK as I have kids and their dad would never allow that. But he has two adult cautions, one being common assault in 2012 when he fought his brother (basically his brother was in his dad's face so my fiance grabbed him and threw him out and lock the door. Brother got mad and called the cops) The second is the caution that could cause us trouble because he bought a dirt bike in 2015 that was reported stolen and he didn't know. Cops said because he didn't know, he won't charge him but will let him go with a caution because he said he bought it.

 

If you absolutely cannot move to the UK, and have to live in the US because of kids, and your fiance has a criminal record that may or may not cause denial of a K-1 or CR-1 visa, then your best path forward is to continue with the K-1 process and see what happens, have all documentation ready for his interview in London, hope for the best.  If he gets denied, they may give you a chance to submit a waiver request.  If that doesn't work out, and he cannot go to the US to marry you, then you will have a decision to make--try for a CR-1 spousal visa (another 14-16 months after the K-1 denial and waiver denial), or end the relationship.  Do you want to take a chance and marry him in Gibraltar or some other country with a good chance that the CR-1 will be denied as well?  What will you do then if you cannot leave the US to be with him?  Divorce him?  Or stay married but live in different countries?  Wait a few years with a long-distance marriage until your kids are all over 18?   I suggest stay the course with the K-1 process and be prepared with documents on his criminal record and see what the IO decides.  It may be okay given your previous posts, his inadmissability is a gray area, subjective, and up to the IO to make a judgment call.  If the outcome of the K-1 is a denial, then you have some soul-searching to do about the next steps.  Good luck!

[Boiler 45,468]

Waiver is a year or so not 6 months.

 

K1 or Cr1 makes no difference, CR1 does get you work authorisation on entry and that sounds like it may be an issue.

[EnglishLove 112]

Just now, Boiler said:

Waiver is a year or so not 6 months.

 

K1 or Cr1 makes no difference, CR1 does get you work authorisation on entry and that sounds like it may be an issue.

 

Oh wow, the  wait process on those are crazy! Getting work isn't an issue, I just hate having him sit around at my house for months on end as I live in a tiny town with only  a Walmart to go to if your bored lol.