Switch from K-1 to CR-1

[neto-66 42]

Hello!

 

I have been in a relationship with my portuguese fiancé for over 4 years now. We made the decision to begin the process to move him here earlier this year. We chose the K-1, as it made more sense to us than the CR-1 at the time; we are both in our early 20's and in our last year of our respective university programs, and did not want to marry before graduating. The timeline for the K-1 was also appealing to us. In hindsight, we should've considered the pandemic more when making this decision. We filed the I-129f and received the NOA-1 in early September 2020. 

 

I now have the option to go visit him in late December/early January, and I am heavily considering dropping the I-129f, getting married, and filing for the CR-1 instead. My reasonings for this are as follows:

 

1. We will have more rights to visitation as a married couple during this pandemic. 
2. We only received our NOA-1 in September 2020, so we are not that far into the process yet.
3. If we're going to have to wait until 2022 to be together, we might as well take advantage of the added benefits of the CR-1 -- quicker timeline for employment, leaving the country, etc.

 

I do plan on consulting with a lawyer, and I know that no one really knows what will happen in the coming months (especially with the current election), but I would like to receive some outside input on whether or not this is an avenue even worth exploring -- I don't need to make the decision for another 2 months, but I'd like to be prepared. 

 

Thanks!

 

[Lucky2Lucky 2,526]

This is definitely worth exploring; especially since you are so fresh in the k1 process. You don't need to consult with a lawyer (I would save your money); I'm not sure what they could tell you that you couldn't find on your own. You can get married and apply for the CR1 ASAP and withdraw your k1 application. The points you made are valid with the CR1- ability to work and travel upon entering the USA, saves money over time, visitation as a spouse etc. 

[TiEy 69]

I am strongly considering this route too. My case is at NVC since june.

[Reverdingreen 9]

I am in the same predicament. NAO1 in August but I have chance to visit and marry in December/January

Am so confused right now on what to do

[Greenbaum 12,259]

On 11/4/2020 at 4:20 AM, TiEy said:

I am strongly considering this route too. My case is at NVC since june.

 

18 hours ago, Reverdingreen said:

I am in the same predicament. NAO1 in August but I have chance to visit and marry in December/January

Am so confused right now on what to do

Frist thing to consider is: Is your embassy open, are they processing k-1 visas and can you travel if approved. Second is do you have a complete understanding of the financial lost you'll incur by marrying and "trashing' the K-1 with the new fees for the CR-1/IR-1. These are some of the items that need to be sorted out before you move forward. You don't need a lawyer to do a CR-1/IR-1 or to cancel your I-129f, Petition for Alien Fiancé(e). You'll find procedures and help throughout VJ.

[neto-66 42]

1 hour ago, Greenbaum said:

 

Frist thing to consider is: Is your embassy open, are they processing k-1 visas and can you travel if approved. Second is do you have a complete understanding of the financial lost you'll incur by marrying and "trashing' the K-1 with the new fees for the CR-1/IR-1. These are some of the items that need to be sorted out before you move forward. You don't need a lawyer to do a CR-1/IR-1 or to cancel your I-129f, Petition for Alien Fiancé(e). You'll find procedures and help throughout VJ.

Our embassy has not been processing k-1 visas since March, and since Portugal is part of Schengen, travel would not be permitted even if they were. We have not seen each other since March, so the fact being married would give us the ability to see one another despite the travel bans gives me a lot of comfort. 

 

The only fee we've paid so far is the $535 filing fee, and I think the CR-1 will make up for it in that he will be able to work much sooner than with the K-1. This was always the case, but we initially chose a quicker timeline over convenience -- now it seems like we're going to be waiting for quite a while regardless.

 

Switching to the CR-1 is sounding more and more appealing, so we're working on applying for a marriage license ASAP. Thanks!

[Ryan H 3,819]

Moved from K1 Process & Procedures to What Visa Do I Need - Family Based Immigration forum.