Abandoning K1 Visa and going with CR1

[J&A1234 181]

My two cents:

are you getting married just to expedite the process of you two being together soon? I think one of the hardest things about spousal based immigration is finding the balance between the romantic human aspect of being in a serious relationship and the cold heartless immigration process. Marriage is a big big deal and a big commitment, and that’s without adding immigration, coronavirus, furloughs, and the Trump agenda. And whether you both are ready to go through this despite only knowing each other for only a couple of months is a decision up to y’all. I would rank my priorities (be together sooner, cost/AOS constraints, actually being married, etc) and from there decide what to do. Unfortunately the coronavirus thing has muddled everything up, and nobody really knows what will happen going forward. Best of luck to all of us! 

[Strawberrymermaid 346]

11 hours ago, scabrera3175 said:

Hi everyone:

 

I hope everyone is safe and well during these crazy times. This is my first post on VJ, so please offer any honest advice you can give. I always read posts from here, so I know how helpful others can be, especially in a topic like this, where I personally don't know much about. Long story short, I met my fiance in Japan in February of this year. I'm gonna skip the cheesy stuff, but we fell in love. I was on a study abroad program in Japan, studying Japanese for a year. But then the pandemic hit and instead of staying in Japan until October like I intended to, I was forced to evacuate in March and go back home (NYC; which at the time, was literally the epicenter of COVID in the world). We had planned on staying together until my time was up in October and then applying for the K1 visa to give our relationship more time. With such short notice, I had to pack my things and tie up loose ends, and we decided to just apply for the K1 visa when we were ready. We knew we wanted to be together for the long haul, but didn't know by what means was the best way. We didn't think about the CR1 path so seriously at the time. We submitted the K1 visa in June and are waiting.  However, I keep reading the news, VJ posts, and reddit and have just become discouraged about my decision to have done the K1 visa in the first place. At the time of application, we thought it was the best option since we read that CR1 took much longer and we didn't want to be separated for long. If we had known how things would have turned out, we would have done our best to have gone on the CR1 route instead. 

 

Now, with Americans being banned everywhere, I cannot go to Japan to marry him and get started with the CR1 visa. My understanding is that he can do ESTA, come here, get married, and return to Japan; but his job is not a permanent job (it's temporary employment until end of September and then he has to look for another job), so I am not sure if his company will allow him to have time off. He doesn't have any property/kids/assets to prove to at the border that he is just "visiting" me. I know a return ticket back to Japan is not enough. We are getting more and more worried that we just won't be able to be together for years to come due to the pandemic, USCIS's impending furlough's, embassy backlogs, and this administration slowly enforcing more immigration restrictions. My biggest fear is that one day, there will be an EO on K1 visas or that there will be such a huge backlog for CR1's, that we will stay stuck in limbo forever (when we get to that stage). 

 

What are my options? I appreciate any and all advice anyone can give.

Hi there, I am in the same situation as you and I feel your pain. The going back and forth is the worst! Here are things I’ve used to evaluate as well that may be helpful: 

 

1. Do you prefer your family to be at the wedding? It may be harder in a foreign country for this to happen. 
2. The money used to travel, get married, stay in a hotel (etc) may VERY well be more than the new adjustment of status fees (~2200). So “saving money” by just getting married isn’t so cut and dry. You could save hardcore in the next (possibly year it will take) so you could absorb the brunt of being the sole provider from anywhere from 6-12 months.. or longer. 

3. At least you are in the system already, especially with impending furloughs. 
4. Don’t feel bad about your decision to do the K1. You made the best choice you could at the time. 
5. No one has any idea when embassies will open, how long the backlog will take to process, or how the furloughs will prolong the process. You just have to make the best decision for you ❤️
6. You can at anytime still make the decision to get married and process the CR-1. Even in a year from now if you are still waiting. If that’s what’s best. 
 

hope that helps and hang in there!! 
 

[scabrera3175 1]

21 minutes ago, J&A1234 said:

My two cents:

are you getting married just to expedite the process of you two being together soon? I think one of the hardest things about spousal based immigration is finding the balance between the romantic human aspect of being in a serious relationship and the cold heartless immigration process. Marriage is a big big deal and a big commitment, and that’s without adding immigration, coronavirus, furloughs, and the Trump agenda. And whether you both are ready to go through this despite only knowing each other for only a couple of months is a decision up to y’all. I would rank my priorities (be together sooner, cost/AOS constraints, actually being married, etc) and from there decide what to do. Unfortunately the coronavirus thing has muddled everything up, and nobody really knows what will happen going forward. Best of luck to all of us! 

We are getting married because we want to be together. We are committed to each other and are ready for the next step in life together. We want to create a future together. Those of us in this situation are super frustrated with everything, but I think we also understand. I know that in order for there to be good outcomes, there must be patience and hope. Obviously we want to be together ASAP (I think all of us do), but we also want to make sure that we are making a smart decision too. This all may even be a sign from God, the Universe, a higher power, etc -- because I do plan on starting graduate school by next year anyway. I have a feeling that by that time, the visa will still not be processed. Heck, he might finally be able to come to the US by the time I graduate from graduate school. When we decided to get married, we decided out of love and appreciation for one another, but also because we know that this whole process would take time, so it would still give us time to live our lives separately before joining together again and moving forward together.

[Orangesapples 1,954]

1 hour ago, scabrera3175 said:

I was looking at the requirements to apply for the CR1 visa and one of the requirements is that we prove we are in a bona-fide marriage (pictures and stuff). I am not sure if USCIS means they want proof that we are together after just getting married and things like that. We have pictures and proof that we were together this year, but that would be before we would get married. And if he gets here on an ESTA and we get married, what can we do to gather proof of a bona-fide marriage since he would leave soon after?

Just give them the evidence you do have. Many people have submitted a petition right after marriage. It's not a problem. Especially not from Japan. I would go on the CR1 forum and look at what kind of evidence people are submitting. 

[scabrera3175 1]

23 minutes ago, Strawberrymermaid said:

Hi there, I am in the same situation as you and I feel your pain. The going back and forth is the worst! Here are things I’ve used to evaluate as well that may be helpful: 

 

1. Do you prefer your family to be at the wedding? It may be harder in a foreign country for this to happen. 
2. The money used to travel, get married, stay in a hotel (etc) may VERY well be more than the new adjustment of status fees (~2200). So “saving money” by just getting married isn’t so cut and dry. You could save hardcore in the next (possibly year it will take) so you could absorb the brunt of being the sole provider from anywhere from 6-12 months.. or longer. 

3. At least you are in the system already, especially with impending furloughs. 
4. Don’t feel bad about your decision to do the K1. You made the best choice you could at the time. 
5. No one has any idea when embassies will open, how long the backlog will take to process, or how the furloughs will prolong the process. You just have to make the best decision for you ❤️
6. You can at anytime still make the decision to get married and process the CR-1. Even in a year from now if you are still waiting. If that’s what’s best. 
 

hope that helps and hang in there!! 
 

Thank you so much!!! This really did give me a lot more to think about. It really makes me realize that the values that I hold are much deeper than just processing time and future expenses.

 

1. I personally don't care for a wedding ceremony so much. I've never been the type to care for extravagant celebrations. In my opinion, sharing a meal at a restaurant with family and friends is a good enough celebration for me. My fiance is a minimalist, so he doesn't care for material goods and only truly cares for necessities and money to travel because he loves traveling. He only agreed to having a wedding ceremony if I truly wanted it. But I would just want something small and simple because I am low-maintenance.

2. You make a very good point about the expenses of getting married now to begin the CR1 visa compared to if we just waited it out and saved more money, it's a different perspective that I didn't think about until now.

3. With the impending furloughs, I read online somewhere that they could be furloughed anywhere between 30 to 90 days, but we will not truly know until the end of the month and they explicitly state how long it will last and how this will affect current processing.

4 and 5. Thank you... this means a lot to me.

6. I am thinking of going to Japan on a student visa in January. The decision has not been finalized, but it's something that has been heavy on my mind. If I am able to go to Japan in January, I would be studying Japanese for a few months (I will need Japanese language for future research I want to do in graduate school anyway, so I figured why not) AND I wouldn't be separated from my fiance for much longer, though I know that we will likely be separated again after that. But if this ends up happening and something happens with the K1 visa, me physically being there can help if we decide to just apply for the CR1 visa instead.

 

[SteveInBostonI130 3,477]

13 hours ago, scabrera3175 said:

Now, with Americans being banned everywhere, I cannot go to Japan to marry him and get started with the CR1 visa. My understanding is that he can do ESTA, come here, get married, and return to Japan; but his job is not a permanent job (it's temporary employment until end of September and then he has to look for another job), so I am not sure if his company will allow him to have time off. 

 

Maybe I am missing something, but...

 

Why can't he visit you at the end of September and spend a couple of months with you?  If things work out, then you guys can marry, you file for CR-1, and he returns to Japan to get another job.

 

 

13 hours ago, scabrera3175 said:

He doesn't have any property/kids/assets to prove to at the border that he is just "visiting" me. I know a return ticket back to Japan is not enough. 

 

From a VWP country and ESTA, I don't see why he would not be able to visit you.  Japan is a very low fraud/illegal immigration country, so the requirements for visitors from there is not the same as from some other countries.

 

 

[scabrera3175 1]

2 minutes ago, SteveInBostonI130 said:

 

Maybe I am missing something, but...

 

Why can't he visit you at the end of September and spend a couple of months with you?  If things work out, then you guys can marry, you file for CR-1, and he returns to Japan to get another job.

 

 

 

From a VWP country and ESTA, I don't see why he would not be able to visit you.  Japan is a very low fraud/illegal immigration country, so the requirements for visitors from there is not the same as from some other countries.

 

 

We originally thought about that, about him finishing work in September and staying with me for a few months and returning to work in Japan after. But realistically, we don't think that would work. We don't think he would be allowed to enter the US, especially when he doesn't have something solid to go back to in Japan, making whoever meets him at the border to believe that he might try to stay here since he already has a K1 visa in process. I thought him being Japanese didn't matter since all beneficiaries would be heavily scrutinized.

[SteveInBostonI130 3,477]

First, never lie.  

 

But, also don't volunteer information that is not asked.   Don't mention the K1, unless it is asked.

 

Typical interaction at CBP:  1) Purpose of visit:  Vacation, visit friends.  2) How long:  About 2 months.  3) Have a pleasant visit; Next

 

Atypical interaction:  1) same, 2) same, 3) Have you or anyone else applied for a visa for you?  Yes, my girlfriend has filed a K-1 visa petition.  4) Why are you visiting now instead of waiting for the application to be approved?  We heard the process takes over a year.  She can't visit me due to travel restrictions, so I wanted to come visit her.  

 

They might take him to secondary and ask more questions.  As long as he is clear in that he is just visiting temporarily, and will return to Japan, I do not think this would be an issue.

 

People waiting for K-1, especially from VWP countries, have visited their US fiances without issue. 

 

EDIT:  typo

Edited August 17, 2020 by SteveInBostonI130

[scabrera3175 1]

10 minutes ago, SteveInBostonI130 said:

First, never lie.  

 

But, also don't volunteer information that is not asked.   Don't mention the K1, unless it is asked.

 

Typical interaction at CBP:  1) Purpose of visit:  Vacation, visit friends.  2) How long:  About 2 months.  3) Have a pleasant visit; Next

 

Atypical interaction:  1) same, 2) same, 3) Have you or anyone else applied for a visa for you?  Yes, my girlfriend has filed a K-1 visa petition.  4) Why are you visiting now instead of waiting for the application to be approved?  We heard the process takes over a year.  She can't visit me due to travel restrictions, so I wanted to come visit her.  

 

They might take him to secondary and ask more questions.  As long as he is clear in that he is just visiting temporarily, and will return to Japan, I do not think this would be an issue.

 

People waiting for K-1, especially from VWP countries, have visited their US fiances without issue. 

 

EDIT:  typo

Won't they think him staying for a few months is fishy though? He would likely stay a month and a half or 2 months, if possible. I really would like it if he stayed with me at least for the end of the year, since the end of the year is my favorite time of the year (and frankly, I'm so done with 2020). I am just worried that a return flight ticket will not be enough for my fiance to gain entry. 

 

And if he is allowed in, we would get married ASAP (maybe within the first week or second week of him being here) and then apply for CR1. If so, can I still submit CR1 with him still being in the country or does he have to go before I submit?

[Orangesapples 1,954]

2 minutes ago, scabrera3175 said:

Won't they think him staying for a few months is fishy though? He would likely stay a month and a half or 2 months, if possible. I really would like it if he stayed with me at least for the end of the year, since the end of the year is my favorite time of the year (and frankly, I'm so done with 2020). I am just worried that a return flight ticket will not be enough for my fiance to gain entry. 

 

And if he is allowed in, we would get married ASAP (maybe within the first week or second week of him being here) and then apply for CR1. If so, can I still submit CR1 with him still being in the country or does he have to go before I submit?

No one is guaranteed entry but it's not common for people on ESTA to be refused. He should just make sure not to lie, I wouldn't use the word friend when he's obviously visiting his fiance. But he could just say vacation or visiting fiancé, no need to volunteer information not asked of him. 

 

You can submit the petition immediately after marriage, I think there is a checkbox specifically for the situation of him being in the US but wanting to do the processing abroad. 

[SteveInBostonI130 3,477]

4 hours ago, scabrera3175 said:

Won't they think him staying for a few months is fishy though? He would likely stay a month and a half or 2 months, if possible. I really would like it if he stayed with me at least for the end of the year, since the end of the year is my favorite time of the year (and frankly, I'm so done with 2020). I am just worried that a return flight ticket will not be enough for my fiance to gain entry. 

If he was from Ukraine, yes.  They would scrutinize him closely.  From Japan?  It should not much of an issue.  Sure 2 months is long, but people take gap years to travel the world, or take sabbaticals.  

 

[sunshinelove 52]

Personally, my wife and I decided on the K1 because it was a little cheaper and faster and we wanted to be together. In hindsight though, I do wish we'd have done the CR1 because she'd have been able to work immediately. She wasn't able to work for a year after she arrived because I had to have a cosponsor and there were some bumps with that. Had she gotten her residency immediately, the first year might have been a little easier financially. That being said, everything worked out as it was supposed to and now everything is great.

For you, it all depends on what you want. You're already in the line to getting the K1 so you'll be together faster if you stay with the path you're on. 

If you're going to need more financial income, it might be worth doing the CR1 so he can work immediately but at the same time you'd have to repay all the fees associated for the CR1 and you'll end up having to pay more for airline tickets and travel. Also, with Covid, who knows when travel will open back up. 

If it was me, I'd stick with the route you're on. I think with the current situation, it's going to work out more in your favor. Best wishes!

[Unlockable 7,315]

6 minutes ago, sunshinelove said:

Personally, my wife and I decided on the K1 because it was a little cheaper and faster and we wanted to be together. In hindsight though, I do wish we'd have done the CR1 because she'd have been able to work immediately.

A lot of people think the K1 is cheaper than the spousal visa when in reality it is more expensive. True the initial filing of the K1 is cheaper but when you add in the $1200 cost for adjustment of status (something a spousal visa applicant does not have to go through), the cost gets higher that the CR1/IR1.

[geowrian 22,337]

5 hours ago, scabrera3175 said:

Won't they think him staying for a few months is fishy though? He would likely stay a month and a half or 2 months, if possible. I really would like it if he stayed with me at least for the end of the year, since the end of the year is my favorite time of the year (and frankly, I'm so done with 2020). I am just worried that a return flight ticket will not be enough for my fiance to gain entry. 

 

And if he is allowed in, we would get married ASAP (maybe within the first week or second week of him being here) and then apply for CR1. If so, can I still submit CR1 with him still being in the country or does he have to go before I submit?

From Japan, I would not expect a lot of scrutiny. Be honest.

Absolute worst case, if they were to deny entry, be sure to ask for a withdrawal of the application for admission.

Entry on the VWP is 90 days flat.

 

As a side note, a return ticket is not evidence of intent to return. First, it's actually a requirement for VWP travelers. Second, nearly everybody that overstayed or filed for AOS who entered by air had a return ticket that went unused. It's more effort to use the ticket than not use it.

Honestly, the passport they're holding would be the strongest evidence of their intent to return home.

 

8 minutes ago, Unlockable said:

A lot of people think the K1 is cheaper than the spousal visa when in reality it is more expensive. True the initial filing of the K1 is cheaper but when you add in the $1200 cost for adjustment of status (something a spousal visa applicant does not have to go through), the cost gets higher that the CR1/IR1.

Or almost double that soon, if one wants an EAD + AP.

[scabrera3175 1]

12 hours ago, sunshinelove said:

Personally, my wife and I decided on the K1 because it was a little cheaper and faster and we wanted to be together. In hindsight though, I do wish we'd have done the CR1 because she'd have been able to work immediately. She wasn't able to work for a year after she arrived because I had to have a cosponsor and there were some bumps with that. Had she gotten her residency immediately, the first year might have been a little easier financially. That being said, everything worked out as it was supposed to and now everything is great.

For you, it all depends on what you want. You're already in the line to getting the K1 so you'll be together faster if you stay with the path you're on. 

If you're going to need more financial income, it might be worth doing the CR1 so he can work immediately but at the same time you'd have to repay all the fees associated for the CR1 and you'll end up having to pay more for airline tickets and travel. Also, with Covid, who knows when travel will open back up. 

If it was me, I'd stick with the route you're on. I think with the current situation, it's going to work out more in your favor. Best wishes!

Yeah, with rising prices, K1 will definitely not be cheaper. You would think that K1 visas have more priority now that it will be a money generating machine for USCIS and legal immigration at it's core, is about the money. May I ask how your wife felt during that first year, not being able to work? I know for some couples, if they completely depend on the other financially, they can feel frustrated after some time. I know I personally like to work and generate my own wealth from my hard work. I am just worried about how my partner will feel once he arrives and he basically is limited by not being able to work, nor drive, nor travel outside -- but mostly, not be able to work. What did your partner do during this time, while waiting for her work permit and all that other stuff? Did she volunteer somewhere? Or travel within the state/country?