Need advice on K1/K3 or CR1?

[dragonmike 1]

Hello,

 

My case is complicated. Let me start from the beginning.  I am a US citizen and my fiance from Moscow and I applied for a K1 in Feb 2018, and we got the VISA in May 2019 at the embassy after several months of trying to get an interview date.  We arrived in the US together in October 2019, but due to my sudden 4 month work assignment in Germany in January 2020, we decided not to get married right away as we would be apart for too long while she adjusts her status. 

 

Now, we are trying to figure out what to do.  I was thinking that we could marry in Russia and then we can apply for a CR1 or K3.  The reason why this is an option is that my company has an office in Moscow and I can actually get a work VISA and establish temporary Russian residency.  I thought that perhaps I could qualify for DCF(direct consular filing) this way, but it is my understanding that the USCIS closed this permanently in March 2019.  If I officially reside in Moscow for more than 6 months, is there still a way to apply through the embassy directly if DCF services were shutdown, rather than the lockbox in Chicago or Phoenix? 

 

The other option is that we re-apply for the K1.   It will be weird as we already applied and were accepted and she was in the US for 80 days.  It would be nice to somehow fasttrack a second application, after already having a previously approved K1.  I assume the answer is no, but I will ask- is that possible?   Is there any way to apply in Moscow if I establish my 6 month residency?

 

My next question can influence whether to go for the K1 or CR1.  Once in the US, is there a difference in how long it takes for my wife to get status to start working?  If we get a CR1 or K3, can my wife get a greencard more quickly thank K1?  What about DCF?  We are thinking that even if a process takes longer while in Russia, it might be better to minimize how long she's waiting to be able to work once we arrive in the US.

 

To us, it doesn't really matter whether we marry in the US or Russia, but we are trying to weigh the pros and cons.  Thanks in advance for any advice you can provide!

 

[Duke & Marie 1,389]

Your case isn’t complicated at all... you just need to decide which process you want to go by k1 or CR1.

 

both have advantages disadvantages but if her working in the US is a priority I’d go CR1 as she can work pretty much straight away on arrival where K1 would require you to get married then adjust and seek work authorisation a process that could see her staying home without work for 6 months or more. 

 

Unfortunately no way of speeding up a new k1 application... either way, be prepaid to explain why y’all didn’t marry first time round... note.. k3 is pretty much nul and void these days and is very rarely issued..

Edited May 12, 2020 by Duke & Marie

[dragonmike 1]

6 minutes ago, Duke & Marie said:

Your case isn’t complicated at all... you just need to decide which process you want to go by k1 or CR1.

 

both have advantages disadvantages but if her working in the US is a priority I’d go CR1 as she can work pretty much straight away on arrival where K1 would require you to get married then adjust and seek work authorisation a process that could see her staying home without work for 6 months or more. 

 

Unfortunately no way of speeding up a new k1 application... either way, be prepaid to explain why y’all didn’t marry first time round... 

Thanks.

I hope there won't be an issue explaining why we didn't marry the first time.  The good news is that we're still together and she's not a new fiance ;).  

I think CR1 might be the way to go.  Is there a way to do the traditional DCF task at the US embassy in Moscow, or does it have to be via the lockerbox?

I know covid19 has royally messed up timelines, but in general, is the processing time (prior to US arrival) longer for CR1 vs K1 or about the same?

 

Edited May 12, 2020 by dragonmike
typo

[Duke & Marie 1,389]

3 hours ago, dragonmike said:

Thanks.

I hope there won't be an issue explaining why we didn't marry the first time.  The good news is that we're still together and she's not a new fiance ;).  

I think CR1 might be the way to go.  Is there a way to do the traditional DCF task at the US embassy in Moscow, or does it have to be via the lockerbox?

I know covid19 has royally messed up timelines, but in general, is the processing time (prior to US arrival) longer for CR1 vs K1 or about the same?

 

I believe Moscow closed its USCIS office last year.. 

 

You can file i130 online these days

[NikLR 13,227]

CR1 is longer to visa, shorter to green card generally. 

Normally takes 12-24 months depending on the embassy or consulate backlog. 

[Ryan H 3,812]

Moved from IR-1/CR-1 Process & Procedures to What Visa Do I Need - Family Based Immigration forum.

[dragonmike 1]

On 5/12/2020 at 6:38 AM, NikLR said:

CR1 is longer to visa, shorter to green card generally. 

Normally takes 12-24 months depending on the embassy or consulate backlog. 

Thanks everyone

 

 

[dragonmike 1]

On 5/11/2020 at 7:18 PM, Duke & Marie said:

Your case isn’t complicated at all... you just need to decide which process you want to go by k1 or CR1.

 

both have advantages disadvantages but if her working in the US is a priority I’d go CR1 as she can work pretty much straight away on arrival where K1 would require you to get married then adjust and seek work authorisation a process that could see her staying home without work for 6 months or more. 

 

Unfortunately no way of speeding up a new k1 application... either way, be prepaid to explain why y’all didn’t marry first time round... note.. k3 is pretty much nul and void these days and is very rarely issued..

Hi,

We decided to do a new K1 instead of K3/CR-1 based on timelines.

My fiance is paranoid about being rejected because we didn't marry the first time. I personally feel like it was completely justified and the fact that we were already approved once should only decrease any doubt that we're dedicated to our relationship!   I will write a paragraph like this in the "our story" part.  This is just a first draft.  Let me know if you see any problems:

 

Draft:

"We were already approved for a K1 in May 2019 (We interviewed together at the US Embassy in Moscow on April 30, 2019 – MOS2018xxxxxx). We entered the US together in October, 2019, but due to a sudden once-in-a-lifetime career opportunity, my employer sent me to Germany for an important 4 month assignment (January to April 2020), which could have been potentially extended, depending on the first 4 months. Because the adjustment of status would require my fiance to remain in the US for such a long time without me, and due to the uncertainty of how long I would be in Germany, we decided to wait to marry and either marry in Russia and apply for a CR-1 or reapply for another K1. This also gave my fiance the chance to meet my sister and my parents for the first time."

 

I could include my work VISA for Germany, or supporting documentation letter used to apply for it.  Do you think I should?

 

Thanks!

Mike

 

[NikLR 13,227]

is your work relocating you again to the USA?

[dragonmike 1]

35 minutes ago, NikLR said:

is your work relocating you again to the USA?

Correct.  I was never officially relocated to Germany in the first place.  It was a temporary assignment overseas - could've been anywhere from 4 months up to 12 months. It ended up being 4 months because of covid.  My work VISA was 4 months though.  My fiance didn't want to be alone without me for an extended period of time in a country that is foreign to her, while we were waiting for her adjustment of status.  It would've been too much of a hassle and we felt we could be together in Germany and then Russia and then return to the US.

 

[NikLR 13,227]

1 hour ago, dragonmike said:

Correct.  I was never officially relocated to Germany in the first place.  It was a temporary assignment overseas - could've been anywhere from 4 months up to 12 months. It ended up being 4 months because of covid.  My work VISA was 4 months though.  My fiance didn't want to be alone without me for an extended period of time in a country that is foreign to her, while we were waiting for her adjustment of status.  It would've been too much of a hassle and we felt we could be together in Germany and then Russia and then return to the US.

 

If you have a job assignment in  the USA, then marriage and applying for DCF for extenuating circumstances may apply. 

[dragonmike 1]

2 hours ago, NikLR said:

If you have a job assignment in  the USA, then marriage and applying for DCF for extenuating circumstances may apply. 

That sounds interesting    Can you please elaborate?  I was under the impression that DCF would apply if I'm overseas (which I am not anymore).  Plus, DCF closed in Moscow in 2019.  If  it was still open, I would have considered getting a work VISA to work from my company's Moscow office.  I was unable to get an extension to my VISA in Germany due to covid-19.

 

[NikLR 13,227]

1 hour ago, dragonmike said:

That sounds interesting    Can you please elaborate?  I was under the impression that DCF would apply if I'm overseas (which I am not anymore).  Plus, DCF closed in Moscow in 2019.  If  it was still open, I would have considered getting a work VISA to work from my company's Moscow office.  I was unable to get an extension to my VISA in Germany due to covid-19.

 

OH if you're already returned to the USA then no.  

[dragonmike 1]

1 hour ago, NikLR said:

OH if you're already returned to the USA then no.  

aah ok, understood.  Thanks.

Covid ruined everything

 

[dragonmike 1]

On 5/31/2020 at 10:53 AM, dragonmike said:

Hi,

We decided to do a new K1 instead of K3/CR-1 based on timelines.

My fiance is paranoid about being rejected because we didn't marry the first time. I personally feel like it was completely justified and the fact that we were already approved once should only decrease any doubt that we're dedicated to our relationship!   I will write a paragraph like this in the "our story" part.  This is just a first draft.  Let me know if you see any problems:

 

Draft:

"We were already approved for a K1 in May 2019 (We interviewed together at the US Embassy in Moscow on April 30, 2019 – MOS2018xxxxxx). We entered the US together in October, 2019, but due to a sudden once-in-a-lifetime career opportunity, my employer sent me to Germany for an important 4 month assignment (January to April 2020), which could have been potentially extended, depending on the first 4 months. Because the adjustment of status would require my fiance to remain in the US for such a long time without me, and due to the uncertainty of how long I would be in Germany, we decided to wait to marry and either marry in Russia and apply for a CR-1 or reapply for another K1. This also gave my fiance the chance to meet my sister and my parents for the first time."

 

I could include my work VISA for Germany, or supporting documentation letter used to apply for it.  Do you think I should?

 

Thanks!

Mike

 

Ok, now I'm freaking out.

After reading this - https://myimmigrationattorney.com/k1-visa/reapplying-for-a-k-1-visa/

it states "If you do not get married within the 90-day period permitted by your fiancée visa, your fiancée must leave the US, and can only reenter the country if you begin the process again, petitioning for a new K-1 visa. The same requirements apply to fiancée visas that are denied.
According to the Immigration Marriage Brokers Act of 2005, a US citizen can only petition for two K1 visas. If the first marriage fails or never occurs, the American petitioner must wait two years to apply for a new K-1 visa, even if it is on behalf of the same person."

 

So, we were already approved for the K1.  We just want to re-apply.  According to this, we'd have to wait 2 years? 2 years from what date? I mean, we applied Feb 2018, so since it is Jun 2020, we're good?  or, 2 years from the date of entry to the US (Oct 2019) or actually aquiring the VISA (May 2019)?

Given my unique circumstances that were work-related, this is unfair to penalize us for this.  What should I do?  We waited forever for this thing