Divorce and Remarry: Getting to the US Faster on a K-1 Visa?

[SalishSea 17,828]

1 minute ago, missileman said:

My guess is that you have never been in the military.....

and then report back in a year, and let us know if it was a good idea......

More material for your book!

[debbiedoo 2,339]

8 minutes ago, Barefootek said:

I understand that the idea is extreme, but I, being the one considering it, don't understand the idea being absurd. Going through the BS of adjustment of status does not sound like a bad trade off for getting my wife and newborn daughter to the US 4 months faster. Four months is a long time to miss out of my daughter's life, not to mention that of my wife. I don't know if I would make the choice, but I am curious if it is an option. My concern would be that the K1 visa would be declined because of trying to work the system. 

you do realize a divorce doesnt happen immediately, right?

 

you do realize AOS and cost savings in CR1 is MUCH better, right?

 

Suck it up and do it right. otherwise be at risk of a denial and being labeled a scam artist, which by all accounts, seems to be the situation.

[debbiedoo 2,339]

4 minutes ago, Jorgedig said:

You could try that and report back?  We would all be extremely interested to see how it works out for you.

agreed.

 

just do it.

 

keep us posted.

[SalishSea 17,828]

OP,  in all seriousness, have you considered moving to your wife’s country instead?  That may be a better solution for you, because for US immigration, time spent apart is inevitable.

[Crazy Cat 41,845]

1 minute ago, Jorgedig said:

OP,  in all seriousness, have you considered moving to your wife’s country instead?  That may be a better solution for you, because for US immigration, time spent apart is inevitable.

^^^^^  Very wise post^^^^^^^^

[Just Paul 4,595]

Reminds me about when my ex wife wanted to divorce and remarry in a non community property state and then live in a community property state.  

 

I see lawyers sending their kids to Harvard or Yale off this case.

[Crazy Cat 41,845]

No one likes the prospect of being away from our loved ones......but is a reality which most us have to face.  Although your intent is admirable, I think the best option is just waiting out the CR-1 while visiting your spouse and child during the process......just my opinion.

[Barefootek 9]

13 minutes ago, Gomast said:

Let’s see: you get divorced, apply for k-1, and in the interview they’ll find it very shady and throw you into the black hole called “administrative processing” which would take months to clear and it’s doubtful whether the’ll approve you. Then you’ll have to get married again to show that despite your divorce you actually had intentions to get married. 

Thanks very much for a non-critical reply. That would be my concern. Added expense would honestly be negligible considering just spending 1 month more in the US instead of with them in Ecuador would probably pay for the difference in price and my wife will not work in Ecuador or the US until our daughter is older so her not being able to work is irrelevant. I get the picture that it is probably a bad idea, but I thought there might of been someone else who had the same idea and maybe even tried.

[Cryssiekins 976]

55 minutes ago, Barefootek said:

Since the timeline for K1 visas appears to be about 4 months faster, would divorcing and remarrying be an option? I certainly don't like that option, but if it saves me 4 months then I might have to think about it. I have not filed anything in the US. Could we just have another ceremony there? Since her ID shows her being married, I am assuming the answer would be no on that one. 

For another opinion to hopefully get you back into your mind (because this post reads like you’re completely out of it).  

 

No.

 

No, again.

 

Just... No.

 

This is a bad idea, and is going to cost you far more than 4 months - especially if it results in a refusal at the interview stage.  Then you’d have to start all over again.  

 

Edit:  if money isn’t an issue - have visits.  That will make the wait less painful, but seriously reconsider.  We ALL have been separated.  It sucks, but it’s not indefinite, and you will get through it.

Edited June 22, 2019 by Cryssiekins
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[Boiler 45,486]

We are here to support and advise, not to judge.

[Roel 7,192]

1 minute ago, Boiler said:

We are here to support and advise, not to judge.

Ej, some of us like to judge. 

[little immigrant 801]

31 minutes ago, Barefootek said:

I understand that the idea is extreme, but I, being the one considering it, don't understand the idea being absurd. Going through the BS of adjustment of status does not sound like a bad trade off for getting my wife and newborn daughter to the US 4 months faster. Four months is a long time to miss out of my daughter's life, not to mention that of my wife. I don't know if I would make the choice, but I am curious if it is an option. My concern would be that the K1 visa would be declined because of trying to work the system. 

You'll lose 4 months if not more just by divorcing. I don't know what country you're all from but in the states it takes 90 days if not longer, in Germany it takes a year for example. Then you have to marry again and it will take a few weeks to receive the marriage certificate. 

 

My advise: Don't do it. Just stick out the CR1. I really think you initially made a good choice with that one.

[geowrian 22,337]

Can it work? Yes. I don't think the CO would necessarily care too much either.

 

But is it practical? Heck no.

First, you need to be fully divorced and free to marry before you can start the process. Divorce is not something that happens in a day. In many states, there is a cooling off period before issuing a divorce and/or a waiting period after a divorce before you can remarry. You do NOT want to screw either of those up as the new marriage would be deemed invalid for immigration purposes and you would need to start all over.

 

I can't imagine anybody advising to actually do this.

[debbiedoo 2,339]

7 minutes ago, Boiler said:

We are here to support and advise, not to judge.

i mean..... ummm.....

 

 

sure.

[Cryssiekins 976]

7 minutes ago, Boiler said:

We are here to support and advise, not to judge.

This process makes you crazy, and desperate to make it as short as possible so you get these whackadoodle ideas, and you need a healthy dose of tough love to bring you back to being rational.  So while it may seem like being judged, it’s to hopefully prevent someone from doing something silly and making a big mess.