Leaving the US after K1

[molehills 67]

20 minutes ago, SteveInBostonI130 said:

Hi.

 

Based on what you said, and your plans, sticking with your K1 is a bad option, due to:

 

1.  Delay.  Currently K-1 visas are not being processed at embassies.  So even if you get the USCIS approval soon, it will be stuck in limbo at the NVC 

2.  Money.  To finish your K1 visa, you will need to pay for a medical exam (not sure for Finland, but for Ukraine it is $185). I think Finland was around $800-1000. Plus the $265 fee for the DS-160 for K1.  And if he doesn't live in Helsinki, then travel expenses to attend the visa interview.  

3.  More paperwork.  You will need to fill out and submit I-134,. He will need to fill out the DS-160, get police clearance certificate(s),  passport size photos, birth certificate, vaccine records, relationship evidence, etc.

 

I suggest you abandon the K1.  Have your fiance visit you as soon as he can on his ESTA.  To get around the EU travel ban, he can go to a non travel ban country, wait 2 weeks, then travel to you.  Make sure his flight does not transit through an EU or other banned country.  I do not know what the impact is with the other travel ban - EU restricting travelers from the US.  Look into that to verify he can return without much hassle.When your fiance is visiting you in the US, get married.  To save time, you can prepare beforehand - that is, arrange the venue, get all documents and information ready for the marriage license, etc. While he is still in the US, get all the documents ready for the spouse visa.  Fill out and have him sign the I-130A.  Then he can return, and you can file your spouse visa application. I think this is what we're going to do. Thank you.

 

BTW, my wife and I actually did what you initially planned to do. She arrived to the US on a K1 visa, we got married, and she returned without adjusting status.  That last part was not planned - she had to return due to a family emergency.  We married in April 2019 in the US, and we are now in the final stages of the CR1 process.  Her interview at the embassy is in a few weeks. 

What's your timeline like? How long did it take, if you don't mind me asking. 

 

 

[Crazy Cat 41,298]

24 minutes ago, JCB86 said:

 

In my mind, I agree with anyone who has said the options are:

 

1.  Continue with the K-1.  Fiance would enter the US, marry, and STAY (file for adjustment of status).  Of course, new spouse will be bound by restrictions  i.e.....will not be able to leave the country or work for 5-8 months (estimate).

 

2.  Withdraw the K-1.  Fiance enters the US via VWP, marries, then start the CR-1 process.  New spouse return to home country......but makes short visits to the US during the CR-1 process.  Only you can decide which is the better option for you.  However, the CR-1 carries some advantages, in my mind, which merit review:

    Less expensive than K-1    
    No Adjustment of Status(I-485, I-131, I-765) required.    
    Spouse can immediately travel outside the US    
    Spouse is authorized to work immediately upon arrival.    
    Spouse receives Social Security Card and Green Card within 2 or 3 weeks after entering the US    
    Opening a bank account, getting a driver's license, etc. are very easily accomplished with GC, SS card, and passport.

    Spouse has legal permanent Resident status IMMEDIATELY upon entry to US.
  �

 

Good luck in your decision and your future journey.

Edited August 12, 2020 by Lucky Cat

[molehills 67]

Thank you, Lucky Cat, and everyone that contributed. I do think the next step for us is to withdraw the current K1 visa and  marry over the Christmas holiday or early in the new year. Of course, pending travel restrictions/Covid. And seek the CR1.

 

Thank you again everyone. 

[issea 43]

1 hour ago, JCB86 said:

Thank you, Lucky Cat, and everyone that contributed. I do think the next step for us is to withdraw the current K1 visa and  marry over the Christmas holiday or early in the new year. Of course, pending travel restrictions/Covid. And seek the CR1.

 

Thank you again everyone. 

Don’t withdraw K1 before you get married. It can be withdrawn after the marriage. 
 

Good luck!

[Angela & Brendon 160]

1 hour ago, JCB86 said:

Thank you, Lucky Cat, and everyone that contributed. I do think the next step for us is to withdraw the current K1 visa and  marry over the Christmas holiday or early in the new year. Of course, pending travel restrictions/Covid. And seek the CR1.

 

Thank you again everyone. 

Best of luck! Hope you and your fiancé get to see each other soon. 

[jeanieCZ 228]

Either go the K-1 route or the Spousal visa route, I donno why'd you combine them - I understand you indeed kinda confused two things into one. Make sure you met in person, then decide if you wanna marry now (soon) and file for the CR1 or you want to marry later, in the US, after you entered on K-1. Good luck!

[SteveInBostonI130 3,357]

4 hours ago, JCB86 said:

 

 

Hi.

 

We were lucky and our timelines were pretty quick - quicker than the average, for both:

- K1:  K1 filed in June 2018, approved Dec 2018, sent to embassy end of Dec 2018.  Interview Jan 2019, fiance arrived to US early Feb 2019.

 

- CR1:  CR1 filed Feb 2020 (Waited to collect bona fide relationship evidence and then lost the first petition I sent Oct 2019).  Approved May 2020, NVC received 3 days later in May, Submitted all documents June 2020, DQ 10 days later in June, Interview scheduled Aug 2020.

 

[bobjennyhitched 99]

20 hours ago, JCB86 said:

Thank you Lucky Cat. I do wish I had asked the question 7 months ago. Do you have any idea on the legal ramifications of just doing the K1, then doing the spousal visa? Or should we just go back to the drawing board? 

So I see lots of different answers, but my two cents would be use the K1, get married, and do the adjustment of status. Or withdraw the K1 petition, get married and go the CR1 route. 

 

Is there a reason your fiance/spouse would need to return home straight after your wedding? If so, marry on the VWP then they return home and you can start the CR1 process. If they don't need to return, use the K1 and they stay until they get their greencard.

 

Advantage on the K1 - quicker to move, disadvantage, beneficiary can't work until Greencard received.

Advantage of CR1 - can work as soon as moved - 1-551 in passport acts as Greencard for up to 1 year. Disadvantage - takes longer.

 

You shouldn't do both, we withdrew our K1, my father had a heart attack and wouldn't have been able to travel for our wedding, so I moved it all to the UK and we started the CR1. Mine took a while, but note we had other delays that effected it which were unusual so I ended up with an IR1 instead of the CR1

6 hours ago, JCB86 said:

Thank you, Lucky Cat, and everyone that contributed. I do think the next step for us is to withdraw the current K1 visa and  marry over the Christmas holiday or early in the new year. Of course, pending travel restrictions/Covid. And seek the CR1.

 

Thank you again everyone. 

Ah! I was just writing an answer and posted then saw this  Good luck!

[HRQX 4,145]

7 hours ago, SteveInBostonI130 said:

While he is still in the US, get all the documents ready for the spouse visa.  Fill out and have him sign the I-130A.  Then he can return, and you can file your spouse visa application.

Can also file I-130 while he is inside the US. They'll fill out "The beneficiary will not apply for adjustment of status in the United States, but he or she will apply for an immigrant visa abroad at the U.S. Embassy or U.S. Consulate in" with Helsinki, Uusimaa, Finland.

Also I-130 has online filing option: https://www.uscis.gov/i-130 blue "File Online" button

I-130A is uploaded in Upload Evidence section.

5 hours ago, issea said:

Don’t withdraw K1 before you get married. It can be withdrawn after the marriage.

Yup. After marriage they can inform who has it (i.e. NVC or the embassy) that they no longer meet the free to marry requirement.

[Ontarkie 14,143]

~~Non English post removed along with one quoting. It is English only in the Main forums.~~

Edited August 12, 2020 by Ontarkie

[HRQX 4,145]

9 hours ago, HRQX said:

They'll both need UK Marriage Visitor visas for that: https://www.gov.uk/marriage-visa

My mistake. Only the US citizen would need UK Marriage Visitor visa for that: https://www.gov.uk/apply-marriage-visitor-visa "If you’re from outside the European Economic Area or Switzerland, you must apply for a Marriage Visitor visa to come to the UK to get married, even if you don't intend to live there afterwards."

[molehills 67]

1 hour ago, bobjennyhitched said:

So I see lots of different answers, but my two cents would be use the K1, get married, and do the adjustment of status. Or withdraw the K1 petition, get married and go the CR1 route. 

 

Is there a reason your fiance/spouse would need to return home straight after your wedding? No reason, other than that's what we thought we could do. If so, marry on the VWP then they return home and you can start the CR1 process. If they don't need to return, use the K1 and they stay until they get their greencard.

 

Advantage on the K1 - quicker to move, disadvantage, beneficiary can't work until Greencard received. 

Advantage of CR1 - can work as soon as moved - 1-551 in passport acts as Greencard for up to 1 year. Disadvantage - takes longer.

 

You shouldn't do both, we withdrew our K1, my father had a heart attack and wouldn't have been able to travel for our wedding, so I moved it all to the UK and we started the CR1. Mine took a while, but note we had other delays that effected it which were unusual so I ended up with an IR1 instead of the CR1

Ah! I was just writing an answer and posted then saw this  Good luck!

 

I've already contact an immigration attorney, so hopefully we can get some advice with next steps.

 

[Evelina 5]

You should be able to enter Finland these days 

Edited August 12, 2020 by Evelina
More info

[bobjennyhitched 99]

16 hours ago, JCB86 said:

 

OK, When we withdrew our K1 we just wrote a letter  and had it signed by a solicitor (Notary Public) that does affidavits (rare - 2 in my region - and expensive in the UK - around £90 per document). We sent it to the Embassy and got a letter back eventually stating it was withdrawn. We then added it to the packet for the CR1, this isn't mandatory, but wanted to show we didn't still have the K1 in process.

 

Also, if you can afford to support your fiance/spouse for a few months, I'd go the K1 as already started but it's really a personal choice. We withdrew it due to my father being ill, then applied for the CR1.

 

Best of Luck!

[April M 28]

On 8/12/2020 at 7:48 AM, JCB86 said:

 

Yes they are being processed. All through covid they have been coming to the US fact