K-1 Visa approved June, Should we get married and Start Cr-1 instead

[iwannabeskinny 22]

As the title says, my (US citizen)Fiance (french citizen) and I filed for the k-1 back in January, we got our approval in June and it was supposed to be sent off to France,  but as everyone knows they aren't sending these out until embassies start processing again... 

 

 

Would it be smarter/faster - to get married now ( I am currently in France, as of 2 weeks ago [partner exemption] for 2 months) and file for the CR-1 ... Are they currently processing those in France? 

 

Also if we got married -> what would I need to show to customs next time I come back to France to Visit, because I know that the french are excluding spouses in the exemption.. 

 

 

Any ideas/advice would be much appreciated 

Edited November 1, 2020 by iwannabeskinny
added another question

[HRQX 4,145]

18 minutes ago, iwannabeskinny said:

Would it be smarter/faster - to get married now

Probably, since the Paris K-1 backlog is expected to be big.

[iwannabeskinny 22]

Are they processing Cr-1? Or what would make the k-1 back log bigger than the CR-1?

[HRQX 4,145]

1 minute ago, iwannabeskinny said:

Are they processing Cr-1?

Yes. IR-1/CR-1 visas are being issued in Paris: https://travel.state.gov/content/travel/en/legal/visa-law0/visa-statistics/immigrant-visa-statistics/monthly-immigrant-visa-issuances.html

[Lucky2Lucky 2,526]

I don’t think I anyone can tell you for certain what would be faster. Even someone who works at the embassy would have no control/idea if they decided to close again and stop/start processing certain visas. Honestly this is conversation you should have with your fiancé. Right now you are in “line” and if you start a new petition you start from scratch. 
If you marry and come back to visit France wouldn’t you show the same proof as you just showed because you are still a partner?! (Actually am surprised a fiancé qualified for a “partner” exception)

[HRQX 4,145]

7 minutes ago, Luckycuds said:

If you marry and come back to visit France wouldn’t you show the same proof as you just showed because you are still a partner?! (Actually am surprised a fiancé qualified for a “partner” exception)

The restrictions are odd. A partner can enter France alone: https://www.diplomatie.gouv.fr/en/coming-to-france/coronavirus-advice-for-foreign-nationals-in-france/ "I am planning to marry a French national, or I am in a romantic relationship with a French national to whom I am neither married nor with whom I have entered into a PACS contract. Can I travel to France?" But a spouse must accompany the French spouse: "a French national (you may be accompanied by your spouse and children)"

Edited November 1, 2020 by HRQX

[Lucky2Lucky 2,526]

34 minutes ago, HRQX said:

The restrictions are odd. A partner can enter France alone: https://www.diplomatie.gouv.fr/en/coming-to-france/coronavirus-advice-for-foreign-nationals-in-france/ "I am planning to marry a French national, or I am in a romantic relationship with a French national to whom I am neither married nor with whom I have entered into a PACS contract. Can I travel to France?" But a spouse must accompany the French spouse: "a French national (you may be accompanied by your spouse and children)"

Wow That literally makes no sense. But I’m not the one making the big bucks to create policies. 

[carmel34 3,626]

2 hours ago, iwannabeskinny said:

Would it be smarter/faster - to get married now ( I am currently in France, as of 2 weeks ago [partner exemption] for 2 months) and file for the CR-1

Starting over with a CR-1 probably wouldn't be faster, of course that depends on the backlog for K-1 interviews in Paris and how soon they start scheduling interviews.  With the lockdown in France and uncertainty of how long the pandemic will affect K-1s there, no one knows for sure what the comparative timelines will be.  If I were in your situation, I wouldn't worry so much about "faster" as right now nothing is fast with US immigration given the pandemic.  I would make the decision on whether it is important for your partner to be able to work, travel outside the US immediately on arrival, vs. the K-1 restrictions, long wait for EAD/AP, and the whole AOS process vs. the CR-1 which has so many advantages.  Either way will take a long time so make a decision based on other factors.  Good luck whatever you decide!

[JFH 12,190]

I agree that timescales are all up in the air. No one has been through a situation like this before and we have no way of knowing how long it will continue or how it will end. Maybe they will start issuing K-1s in France next week? Maybe it will be 3 years before they issue them again? No one knows. All we can do is speculate. 
 

One thing that is a known certainty is that CR-1s are currently being issued in France. And this likely to remain the case as throughout the whole situation every decision has always given priority and exemptions to spouses of USCs (look at the European travel ban, for example - spouses of USCs based in the “banned” countries are exempt). But how long will a CR-1 take? Will it take longer than waiting for Paris to start issuing K-1s? No one knows. It’s a gamble.

 

However, since you’ve reached the point of looking at your options beyond K-1, now might be a good time to compare the advantages and disadvantages of the CR-1 vs the K-1. I would almost always recommend anyone who is in the position where they can get married first to pursue the CR-1. I can think of only one situation where the K-1 has an advantage and that is when the intending immigrant has a child aged between 18 and 20 that they wish to bring with them. 

Edited November 1, 2020 by JFH

[Ryan H 3,812]

Moved from K1 Progress Reports to What Visa Do I Need - Family Based Immigration forum.

[HRQX 4,145]

11 hours ago, Luckycuds said:

Wow That literally makes no sense. But I’m not the one making the big bucks to create policies. 

OP can also look into what "Essential family reasons" could entail: https://www.gouvernement.fr/en/coronavirus-covid-19

[WHATSMYSTATUS 20]

14 hours ago, Luckycuds said:

I don’t think I anyone can tell you for certain what would be faster. Even someone who works at the embassy would have no control/idea if they decided to close again and stop/start processing certain visas. Honestly this is conversation you should have with your fiancé. Right now you are in “line” and if you start a new petition you start from scratch. 
If you marry and come back to visit France wouldn’t you show the same proof as you just showed because you are still a partner?! (Actually am surprised a fiancé qualified for a “partner” exception)

Luckycuds is right 

you start the process all over again and from scratch .. you will end up buying time .. it’s better to wait .. cause if you wait you will see light in the tunnel anytime ...

be positive ... it’s better waiting y go back when you close enough 

[HRQX 4,145]

47 minutes ago, WHATSMYSTATUS said:

if you wait you will see light in the tunnel anytime ...

be positive ... it’s better waiting y go back when you close enough 

Debatable how close. The Schengen Area proclamation is in effect indefinitely and the backlog of cases that got I-129F approval in March through early June are in front of OP's case.

[bobjennyhitched 99]

23 hours ago, iwannabeskinny said:

As the title says, my (US citizen)Fiance (french citizen) and I filed for the k-1 back in January, we got our approval in June and it was supposed to be sent off to France,  but as everyone knows they aren't sending these out until embassies start processing again... 

 

 

Would it be smarter/faster - to get married now ( I am currently in France, as of 2 weeks ago [partner exemption] for 2 months) and file for the CR-1 ... Are they currently processing those in France? 

 

Also if we got married -> what would I need to show to customs next time I come back to France to Visit, because I know that the french are excluding spouses in the exemption.. 

 

 

Any ideas/advice would be much appreciated 

Hi, I can't confirm the current situation but we had to withdraw our K1 (due to my father's heart attack and he couldn't fly) and we got married in the UK. It took us another two years to get the visa approved. My husband had to refile taxes to prove his income and that caused our delay.

 

My friend in Boston, it took them 13 months for a CR1.

 

I don't know how long the back log is in France but wanted to give you an idea of the lead time of spousal visas.

[iwannabeskinny 22]

On 11/1/2020 at 5:34 AM, Luckycuds said:

If you marry and come back to visit France wouldn’t you show the same proof as you just showed because you are still a partner?! (Actually am surprised a fiancé qualified for a “partner” exception)

Its actually a laisser-passer that I was granted - its given to couples who are not married and can prove they have been in a relationship longer than 6 months before the covid outbreak in Jan. Was quite easy to get but I dont know how many times they will give me that