K-1 or CR-1?

[scott smith 3]

Hello all.. 

We filed our K-1 visa packet on November 4th 2020 (Delivery confirmation) at the Lewisville TX Lockbox (Via Fed Ex).  Here we are almost three months later with no NOA1 receipt, and our check has not been cashed.  After reading through different posts on this forum.. this sounds like an issue for a lot of people. Realistically.. looking ahead to a timeline for the processing of the K-1 Visa.. it could be another year before everything gets approved.. and my fiancé can move over here. 

 

My question is this..  My finacé works for a big global corporation.. and with Biden entering the white house.. the Ban on Foreign work visas will very likely get lifted soon (it will expire March 31st 2021).  She could very realistically get a work visa for here in the states by late spring..  and move here by May/June.. be able to work here.. and we could be married this summer.. and then apply for a CR-1 visa for her.. (Totally abandon the K-1 Visa)

 

This path (Work Visa/CR-1) visa seems to make much more sense for us at this point.. unless I am missing something?    Could that path work for us?  

 

[JeanneAdil 6,502]

Work visa is applied for by the company (rather expensive visa as usually lawyer does the work)  and is not an immigrant visa but planning to bring him on another visa and marry and AOS is immigration fraud

 

the better way to go is (my opinion only) go to South Africa and marry (when you can) and do CR1 so he can work when he comes

 

right now we are hearing here in the US about a new covid strain (dubbed E484K) in  South Africa so i wouldn't count on anyone traveling fast to or from  there

 

[SalishSea 17,829]

1 hour ago, scott smith said:

Hello all.. 

We filed our K-1 visa packet on November 4th 2020 (Delivery confirmation) at the Lewisville TX Lockbox (Via Fed Ex).  Here we are almost three months later with no NOA1 receipt, and our check has not been cashed.  After reading through different posts on this forum.. this sounds like an issue for a lot of people. Realistically.. looking ahead to a timeline for the processing of the K-1 Visa.. it could be another year before everything gets approved.. and my fiancé can move over here. 

 

My question is this..  My finacé works for a big global corporation.. and with Biden entering the white house.. the Ban on Foreign work visas will very likely get lifted soon (it will expire March 31st 2021).  She could very realistically get a work visa for here in the states by late spring..  and move here by May/June.. be able to work here.. and we could be married this summer.. and then apply for a CR-1 visa for her.. (Totally abandon the K-1 Visa)

 

This path (Work Visa/CR-1) visa seems to make much more sense for us at this point.. unless I am missing something?    Could that path work for us?  

 

Coming on a nonimmigrant visa with the intent to stay and adjust status is immigration fraud.

[igoyougoduke 1,656]

1 hour ago, scott smith said:

Hello all.. 

We filed our K-1 visa packet on November 4th 2020 (Delivery confirmation) at the Lewisville TX Lockbox (Via Fed Ex).  Here we are almost three months later with no NOA1 receipt, and our check has not been cashed.  After reading through different posts on this forum.. this sounds like an issue for a lot of people. Realistically.. looking ahead to a timeline for the processing of the K-1 Visa.. it could be another year before everything gets approved.. and my fiancé can move over here. 

 

My question is this..  My finacé works for a big global corporation.. and with Biden entering the white house.. the Ban on Foreign work visas will very likely get lifted soon (it will expire March 31st 2021).  She could very realistically get a work visa for here in the states by late spring..  and move here by May/June.. be able to work here.. and we could be married this summer.. and then apply for a CR-1 visa for her.. (Totally abandon the K-1 Visa)

 

This path (Work Visa/CR-1) visa seems to make much more sense for us at this point.. unless I am missing something?    Could that path work for us?  

 

what kind of work visa are you talking about ?  does she have an employer with job offer ?  There is no news that Biden is going to immediately lift the ban 

 

 

[scott smith 3]

Well.. there we will have none of that.. (visa fraud).. so I guess the work visa is out of the question.. 

We will either stay the course on the K-1 Visa

Or just get married.. and change gears to a CR-1 Visa

 

 

[stag 51]

1 hour ago, scott smith said:

Well.. there we will have none of that.. (visa fraud).. so I guess the work visa is out of the question.. 

We will either stay the course on the K-1 Visa

Or just get married.. and change gears to a CR-1 Visa

 

 

Wouldn't changing gears to CR-1 visa take even more time? The standard CR-1 visa timeline vs K1 timeline generally takes a little bit longer, so in the end, I think doing a switch would end up taking process longer than staying with K1. 

[JeanneAdil 6,502]

17 hours ago, metuchen said:

Wouldn't changing gears to CR-1 visa take even more time? The standard CR-1 visa timeline vs K1 timeline generally takes a little bit longer, so in the end, I think doing a switch would end up taking process longer than staying with K1. 

Not when you take the whole process to get to the interview, come,  marry,  and wait unendlessly for the AOS and EAD approval

From post after post on here ,  the CR1 is so much faster for the foreigner to be able to come ,  get his or her SS#, and either work or study 

and the CR1 is cheaper than K1

plus the fact that many embassies are so backed up,  they still only interview spouse visas

[stag 51]

31 minutes ago, JeanneAdil said:

Not when you take the whole process to get to the interview, come,  marry,  and wait unendlessly for the AOS and EAD approval

From post after post on here ,  the CR1 is so much faster for the foreigner to be able to come ,  get his or her SS#, and either work or study 

and the CR1 is cheaper than K1

plus the fact that many embassies are so backed up,  they still only interview spouse visas

I guess I was calculating it as time to visa in passport rather than time to Green card, because at least when they have the visa, you can be together and the waiting is less painful. 

[JeanneAdil 6,502]

15 minutes ago, metuchen said:

I guess I was calculating it as time to visa in passport rather than time to Green card, because at least when they have the visa, you can be together and the waiting is less painful. 

but for South Africa (this country)  it is a long wait for K1 interview and many from these high fraud countries are denied a K1 (  of which South Africa is one as the map on this site for USCIS high fraud immigration countries shows)

 

https://www.google.com/search?rlz=1C1JPGB_enUS833US833&ei=k_QGYPHuIcHetQXH6bnoDw&q=high+fraud+countries+for+us+immigration&oq=high+fraud+countries+for+us+imm&gs

Edited January 19, 2021 by JeanneAdil

[jayjayk 56]

18 hours ago, metuchen said:

Wouldn't changing gears to CR-1 visa take even more time? The standard CR-1 visa timeline vs K1 timeline generally takes a little bit longer, so in the end, I think doing a switch would end up taking process longer than staying with K1. 

I usually think about the same. But as JeanneAdil pointed out that it's better if we look at the whole timeline. We also occasionally talk briefly about CR1. However, for me it's still better to come to the USA and be with my partner while waiting for the work permit, green card etc., than to be separated. But it is my opinion 😃

[Orangesapples 1,954]

20 hours ago, JeanneAdil said:

Work visa is applied for by the company (rather expensive visa as usually lawyer does the work)  and is not an immigrant visa but planning to bring him on another visa and marry and AOS is immigration fraud

 

the better way to go is (my opinion only) go to South Africa and marry (when you can) and do CR1 so he can work when he comes

 

right now we are hearing here in the US about a new covid strain (dubbed E484K) in  South Africa so i wouldn't count on anyone traveling fast to or from  there

 

Most work visas are dual intent

19 hours ago, scott smith said:

Well.. there we will have none of that.. (visa fraud).. so I guess the work visa is out of the question.. 

We will either stay the course on the K-1 Visa

Or just get married.. and change gears to a CR-1 Visa

 

 

It's not visa fraud to adjust from a work visa. 

[scott smith 3]

Wow.. thanks all.. this topic and my approach are evolving by the day...  It might be time to get the advice of an immigration attorney to make sure we do this correctly.. 

Our preference would be for my fiancé to obtain her work visa this spring.. we get married over the summer.. and we then apply for the CR-1 visa... and abandon the K-1 visa altogether.. but we certainly don't want to do anything out of step or fraudulent.... thanks again... 

[Dougefresh56 201]

21 hours ago, scott smith said:

Hello all.. 

We filed our K-1 visa packet on November 4th 2020 (Delivery confirmation) at the Lewisville TX Lockbox (Via Fed Ex).  Here we are almost three months later with no NOA1 receipt, and our check has not been cashed.  After reading through different posts on this forum.. this sounds like an issue for a lot of people. Realistically.. looking ahead to a timeline for the processing of the K-1 Visa.. it could be another year before everything gets approved.. and my fiancé can move over here. 

 

My question is this..  My finacé works for a big global corporation.. and with Biden entering the white house.. the Ban on Foreign work visas will very likely get lifted soon (it will expire March 31st 2021).  She could very realistically get a work visa for here in the states by late spring..  and move here by May/June.. be able to work here.. and we could be married this summer.. and then apply for a CR-1 visa for her.. (Totally abandon the K-1 Visa)

 

This path (Work Visa/CR-1) visa seems to make much more sense for us at this point.. unless I am missing something?    Could that path work for us?  

 

CR1. K1 has been hell since Covid 

[Orangesapples 1,954]

11 minutes ago, scott smith said:

Wow.. thanks all.. this topic and my approach are evolving by the day...  It might be time to get the advice of an immigration attorney to make sure we do this correctly.. 

Our preference would be for my fiancé to obtain her work visa this spring.. we get married over the summer.. and we then apply for the CR-1 visa... and abandon the K-1 visa altogether.. but we certainly don't want to do anything out of step or fraudulent.... thanks again... 

You can adjust from a work visa, the people saying it's fraudulent are wrong. What type of visa can she get, L1? 

[scott smith 3]

My fiancé will be able to obtain a Type L work Visa...  once the work visa ban is lifted..  

I just reached out to an immigration Lawyer online who told me "The law does not allow you to change from a work Visa to a CR-1 Visa"

But you seem to think otherwise?