K1 to CR1

[Sabriv 1]

Hello, 

 

I am petitioner, my fiancé is from Italy. Our K1 visa is “at NVC”. Been there since May and it does not seem as if things for K1 will start moving any time soon. Being a dual citizen I just currently  traveled to Italy to see my fiancè and we are seriously weighing in the option of getting married and going the CR1 K3 route. We are just not wanting to cause more harm then good. He was supposed to be in the USA pre covid by fall, now we have no idea if we stick with K1 and all of the backlogs of interviews consulates will experience when he would be able to come. We figured that the time waiting for our K1 and starting the CR1 would end up balancing out and at least he would come into the country as a permanent resident. We want to know if this is a smart idea, how long does CR1 take right now (our US consulate is in Naples), do we need to cancel the K1 before we get married or can we cancel it after? Can CR1 be expedited at any stage? What kind of reasons are being granted approval for expedition at the moment? Is CR1 still being processed and being approved by consulates at the moment or is it halted like k1? 
 

thanks in advance!

 

S

[Lucky2Lucky 2,526]

In normal times CR1 takes minimum at least 12 months. A K1 at at the NVC stage you are already half way done.
K3 practically doesn’t get issued anymore so if you were to get married the CR1 is what you would file.

Every consulate is different. Check out your country on Ustraveldoc site to see if they are prioritizing family based visas.

You would need to cancel/withdraw the k1 petition after you marry.

Don’t count on being able to expedite a case. Reasons are for humanitarian, US government interests, a USCIS mistake or significant financial loss.

It is your choice on what to do- personally I would stay with the k1 and wait it out. You have the ability to see each other Currently which is a huge plus compared to the Majority of others. Unfortunately when people have chosen the k1 for the SOLE reason of being together faster they tend to regret it due to the AOS and now bc of covid. Others have less of a choice but to go the k1 route.

[Sabriv 1]

7 minutes ago, Luckycuds said:

In normal times CR1 takes minimum at least 12 months. A K1 at at the NVC stage you are already half way done.
K3 practically doesn’t get issued anymore so if you were to get married the CR1 is what you would file.

Every consulate is different. Check out your country on Ustraveldoc site to see if they are prioritizing family based visas.

You would need to cancel/withdraw the k1 petition after you marry.

Don’t count on being able to expedite a case. Reasons are for humanitarian, US government interests, a USCIS mistake or significant financial loss.

It is your choice on what to do- personally I would stay with the k1 and wait it out. You have the ability to see each other Currently which is a huge plus compared to the Majority of others. Unfortunately when people have chosen the k1 for the SOLE reason of being together faster they tend to regret it due to the AOS and now bc of covid. Others have less of a choice but to go the k1 route.

The issue is the uncertainty that is occurring today with K1. We have no idea when they will reassume. Best case scenario sometime next spring? Add all of the interviews that have been canceled and the backlog...we are looking at the end of next year (best case scenario for K1) which would hopefully balance out with CR1?  I am in school and only have the option to travel one more time after this and then I will have no more breaks. He cannot come and visit me while a visa is processing and we just don't know what to do. We love the certainty that comes with CR1 right now and that he doesn’t have to go through the AOS when he enters the country because when we start taking about issuing green cards they most likely will take longer now for K1 post covid. Our main fear is something else changes and CR1 might take more than a year. 

[Lucky2Lucky 2,526]

1 hour ago, Sabriv said:

The issue is the uncertainty that is occurring today with K1. We have no idea when they will reassume. Best case scenario sometime next spring? Add all of the interviews that have been canceled and the backlog...we are looking at the end of next year (best case scenario for K1) which would hopefully balance out with CR1?  I am in school and only have the option to travel one more time after this and then I will have no more breaks. He cannot come and visit me while a visa is processing and we just don't know what to do. We love the certainty that comes with CR1 right now and that he doesn’t have to go through the AOS when he enters the country because when we start taking about issuing green cards they most likely will take longer now for K1 post covid. Our main fear is something else changes and CR1 might take more than a year. 

It is completely your choice which you chose- it’s a bit difficult to weigh the pluses and minuses because things change. In regards to your fiancé, he is able to visit you with a pending visa so I’m not sure where you got that info. Europeans have it easiest with an ESTA. He needs a return ticket to travel on an esta. It sounds as if you are leaning towards CR1. If that’s so then marry ASAP and start filing the paperwork. No one can give you a timeline since things are changing rapidly, it’s uncertain when embassies will open and what they will process first (if it hasn’t been announced) . Like I stated above personally I would stay with the k1 but that’s just me and I don’t know your situation (whyk1 was originally chosen)

 

[Sabriv 1]

25 minutes ago, Luckycuds said:

It is completely your choice which you chose- it’s a bit difficult to weigh the pluses and minuses because things change. In regards to your fiancé, he is able to visit you with a pending visa so I’m not sure where you got that info. Europeans have it easiest with an ESTA. He needs a return ticket to travel on an esta. It sounds as if you are leaning towards CR1. If that’s so then marry ASAP and start filing the paperwork. No one can give you a timeline since things are changing rapidly, it’s uncertain when embassies will open and what they will process first (if it hasn’t been announced) . Like I stated above personally I would stay with the k1 but that’s just me and I don’t know your situation (whyk1 was originally chosen)

 

We went with K1 because that was what was going to get him into the country the soonest. Now that is not the case anymore, until consulates decide to process them and the travel ban is lifted which it is my understanding the ban is in effect till Dec 31 2020, so thats time we could use to move forward with CR1. Also we have reason for expedition and it is my understanding that a K1 visa cannot be expedited when it is “at NVC” stage, but the cr1 could be...correct me if I am wrong. 

 

Our lawyers told us that they do not recommend he traveled into the country while a visa is processing. They made it sound like it is very unlikely that TSA will grant him entry and they could bare him entry for up to 5 years. He is not fluent in english so it worries me that he might run into issues. But pre visa he entered the USA with ESTA at least 11 times each time for no more than 3 weeks...I always thought that was enough proof that he would abide by the rules...So you’re saying he can apply for an ESTA even though our k1 is processing and if that gets approved, all he needs is proof of return maybe job responsibilities and he would be granted visits? Is this the case as well for CR1 or is it more difficult for spouses to be granted visits (not taking into account their exemption form travel ban)? 
 

I apologize for all the questions we have been together for 5 years, engaged for 2 and just want to make the smartest choice we are over the wait just like everyone else. 

 

thank you for your patience and assistance, it helps a ton!

[Lucky2Lucky 2,526]

7 hours ago, Sabriv said:

We went with K1 because that was what was going to get him into the country the soonest. Now that is not the case anymore, until consulates decide to process them and the travel ban is lifted which it is my understanding the ban is in effect till Dec 31 2020, so thats time we could use to move forward with CR1. Also we have reason for expedition and it is my understanding that a K1 visa cannot be expedited when it is “at NVC” stage, but the cr1 could be...correct me if I am wrong. 

 

Our lawyers told us that they do not recommend he traveled into the country while a visa is processing. They made it sound like it is very unlikely that TSA will grant him entry and they could bare him entry for up to 5 years. He is not fluent in english so it worries me that he might run into issues. But pre visa he entered the USA with ESTA at least 11 times each time for no more than 3 weeks...I always thought that was enough proof that he would abide by the rules...So you’re saying he can apply for an ESTA even though our k1 is processing and if that gets approved, all he needs is proof of return maybe job responsibilities and he would be granted visits? Is this the case as well for CR1 or is it more difficult for spouses to be granted visits (not taking into account their exemption form travel ban)? 
 

I apologize for all the questions we have been together for 5 years, engaged for 2 and just want to make the smartest choice we are over the wait just like everyone else. 

 

thank you for your patience and assistance, it helps a ton!

Does he currently have an ESTA or would he have to renew it? Yes it is “easier” for fiancés to visit than spouses (not by much IMO) but you will find hundreds of people on VJ that visited multiple times during both visa Processes. With an ESTA you can stay up to 90!days and only need proof of return ticket. Yes having a job or school to back home helps but he may not even get asked a thing by the CO or “who are you visiting” “where are you going”. He’s had 11 trips of short periods of time which helps his case so he knows what to expect when entering the US. He’s coming from Italy not a high fraud country.

 I have no idea where the bar of 5 years has come into play not why a lawyer would suggest such thing. If he already has an ESTA he has already been “vetted” by the system. Only US citizens and nationals are allowed entry into the US - so personally if you are afraid of him being turned away on an ESTA then you would be equally afraid of him being turned away (well have to see an immigration judge) as a LPR which doesn’t make much sense to me. I think you are being overly cautious (but good to think these things through)

As far as the travel ban I may be incorrect but I don’t think it’s until 12/31 Im unsure if there is an end date.

I am unsure if a k1 can be expedited or not. Even if you think you have a reason for expedite and apply for it I am strongly urging you to not count on it getting approved. Literally have been SO many postings about people wanting/applying for an expedite thinking they qualify ONLY after this immigration slow down... it makes me wonder where all these guys were before when the process was normal... You see why I’m saying? Plus these nonsense cases slows down the process For everyone else! They review your new request and have to send out either a yes or no for an interview. You go though the process and get denied. Now you gotta wait and go through it normally all over again when other applications would have been processed. Anyway that’s just my two cents. 
Have you asked your lawyer what he suggests regarding canceling the k1 and going cr1? At the end of the day it’s you and your fiancés  choice. Not everyone has options and you guys do. 

[Sabriv 1]

2 hours ago, Luckycuds said:

Does he currently have an ESTA or would he have to renew it? Yes it is “easier” for fiancés to visit than spouses (not by much IMO) but you will find hundreds of people on VJ that visited multiple times during both visa Processes. With an ESTA you can stay up to 90!days and only need proof of return ticket. Yes having a job or school to back home helps but he may not even get asked a thing by the CO or “who are you visiting” “where are you going”. He’s had 11 trips of short periods of time which helps his case so he knows what to expect when entering the US. He’s coming from Italy not a high fraud country.

 I have no idea where the bar of 5 years has come into play not why a lawyer would suggest such thing. If he already has an ESTA he has already been “vetted” by the system. Only US citizens and nationals are allowed entry into the US - so personally if you are afraid of him being turned away on an ESTA then you would be equally afraid of him being turned away (well have to see an immigration judge) as a LPR which doesn’t make much sense to me. I think you are being overly cautious (but good to think these things through)

As far as the travel ban I may be incorrect but I don’t think it’s until 12/31 Im unsure if there is an end date.

I am unsure if a k1 can be expedited or not. Even if you think you have a reason for expedite and apply for it I am strongly urging you to not count on it getting approved. Literally have been SO many postings about people wanting/applying for an expedite thinking they qualify ONLY after this immigration slow down... it makes me wonder where all these guys were before when the process was normal... You see why I’m saying? Plus these nonsense cases slows down the process For everyone else! They review your new request and have to send out either a yes or no for an interview. You go though the process and get denied. Now you gotta wait and go through it normally all over again when other applications would have been processed. Anyway that’s just my two cents. 
Have you asked your lawyer what he suggests regarding canceling the k1 and going cr1? At the end of the day it’s you and your fiancés  choice. Not everyone has options and you guys do. 

 

He has a ESTA that is valid until January 2022, therefore we have that going for us, but has a fiance` he cannot come visit me at the moment due to the travel ban.

 

Regarding the 5 year bar, I might have the wrong idea or understanding but I remember the lawyer saying CBP could deny him entry and could aggravate his visa status, and she highly advised against it, in other words they hold the power and anything that goes wrong could lead to serious consequences. We abide by the rules and I do not see anything going wrong but like you said I am a overly cautious person I guess. I can see why finances would be allowed entry more than spouses given that getting married in the USA during a k1 process would dismantle the entire progress and not get you AOS, plus overstaying wouldn't help the situations at all, but the travel ban is what is concerning me at the moment, in our minds being husband and wife would hold more weight (not that I agree with this) than being my fiance` going back to the example from before...spouses of American citizens/residents were exempt from the travel ban and fiance` were not, plus my healthcare background tells me COVID will not get any better till next spring and that's the best case scenario in my mind, but I might just be pessimistic at this point.

 

Expediting the K1 would mostly likely not get approved with the sole health reason that we have, but if we were to enter the CR1 journey we have very heavy financial reasons to add to the pile as well, also giving us a greater chance of approval...again all up to chance.

 

Our lawyer said and I quote "it is extremely hard for you guys to decide because you are already at the NVC, if you were not there it would be an easy decision, however I will say that the US government looks at spouses with a better eye than a fiance`, go to Italy talk to S and follow your gut instinct, you will know when you see him what to do" 

 

Again, we like everything about what the CR1 has to offer, the only concern for us is that we are halfway done with K1 and now stuck for unknown amount of time. Even though our lawyer said she does not see our CR1 taking a year, I have read stories of couples waiting on 2 years and that would be heartbreaking given that I will not be able to visit him and him visiting me will always be a risk of its own. 

 

so yeah....sometimes having too many options is a worse thing than having none, but we are trying to be thankful, these are such hard times for everyone. 

 

again, I cannot thank you enough for all of your help!

 

S

[Lucky2Lucky 2,526]

6 hours ago, Sabriv said:

 

He has a ESTA that is valid until January 2022, therefore we have that going for us, but has a fiance` he cannot come visit me at the moment due to the travel ban.

 

Regarding the 5 year bar, I might have the wrong idea or understanding but I remember the lawyer saying CBP could deny him entry and could aggravate his visa status, and she highly advised against it, in other words they hold the power and anything that goes wrong could lead to serious consequences. We abide by the rules and I do not see anything going wrong but like you said I am a overly cautious person I guess. I can see why finances would be allowed entry more than spouses given that getting married in the USA during a k1 process would dismantle the entire progress and not get you AOS, plus overstaying wouldn't help the situations at all, but the travel ban is what is concerning me at the moment, in our minds being husband and wife would hold more weight (not that I agree with this) than being my fiance` going back to the example from before...spouses of American citizens/residents were exempt from the travel ban and fiance` were not, plus my healthcare background tells me COVID will not get any better till next spring and that's the best case scenario in my mind, but I might just be pessimistic at this point.

 

Expediting the K1 would mostly likely not get approved with the sole health reason that we have, but if we were to enter the CR1 journey we have very heavy financial reasons to add to the pile as well, also giving us a greater chance of approval...again all up to chance.

 

Our lawyer said and I quote "it is extremely hard for you guys to decide because you are already at the NVC, if you were not there it would be an easy decision, however I will say that the US government looks at spouses with a better eye than a fiance`, go to Italy talk to S and follow your gut instinct, you will know when you see him what to do" 

 

Again, we like everything about what the CR1 has to offer, the only concern for us is that we are halfway done with K1 and now stuck for unknown amount of time. Even though our lawyer said she does not see our CR1 taking a year, I have read stories of couples waiting on 2 years and that would be heartbreaking given that I will not be able to visit him and him visiting me will always be a risk of its own. 

 

so yeah....sometimes having too many options is a worse thing than having none, but we are trying to be thankful, these are such hard times for everyone. 

 

again, I cannot thank you enough for all of your help!

 

S

You are welcome. I think what you lawyer said is 100% correct. I do want to point out regarding the expedite and your fiancé being the one with medical issues; this is a double edge sword if you want to bring it to their attention or not. Having medical issues may hurt him because for the affidavit of support and him becoming a public charge medical conditions make him a higher risk for a public charge. You will have to provide health insurance that makes sure he is covered and your income should be far above the minimum requirement. If he has psych or substance abuse issues that is another issue that has to overcome with specific treatment in his country before he gets the "ok" from the medical standpoint. Just food for thought it is not always advisable to use the beneficiary medical issues as a reason to expedite (you can search this website for more clarification/advice on that as well)

I work in healthcare as well and do want to agree that things don't look like they are going to be going upward anytime soon unfortunately with COVID and as you know this makes any type of immigration more unpredictable  

[Ryan H 3,812]

Moved from Progress Reports to Process & Procedures.

[LilyJ 1,258]

The big issue I see with switching to CR1 when you are already so late in the K1 process, is you're going to have to start all over again. Even if it takes all the way till spring before they resume K1, that's still way sooner than you'd be granted a CR1.. A CR1 can take upwards of 12-18 months on average (pre-covid..), and while the CR1 does have its advantages over the K1, I'm just not sure if it's really worth it for you to switch to a CR1 this late in the process, especially if getting your fiance here quicker is a big concern since you will be starting totally from scratch vs being a few months or less away from receiving your K1.

Edited August 8, 2020 by LilyJ

[pushbrk 12,881]

If your priority is him being in the USA soonest, then the K1 was and still is the choice that matches that priority.  CR1 visa cases get in the same queue as K1 cases when it comes to interviews, and your K1 case is already many months ahead of a CR1 case you might file who knows how long down the road AFTER you manage to marry.

 

If your priority is work and travel after US arrival, the K1 was a mistake.  Withdraw it, marry and get a CR1 visa.

 

It's YOUR mutual priorities that make the difference.  Weigh them and then carry on with what best matches them.

 

Either way, once visitors are allowed from Italy again, he can visit as indicated in earlier responses.

[TiEy 69]

@Sabriv hello, I am at NVC stage and I am starting to think seriously about switching to CR1. Did you stay on the K1 path or did you switch?