K-1 or CR-1?

[Orangesapples 1,954]

1 minute ago, scott smith said:

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?

It's true that you can't change the visa from L to CR1 but you don't need to. L visas are dual intent and once in the US, you're allowed to file for adjustment of status after getting married. @laylalex is in this exact situation, her husband is here on an L visa and they're filing for AOS based on marriage. This is 100% allowed and recommended. 

[scott smith 3]

Brilliant.. thank you so much..  so happy to hear that..  

If we decide go this rout.. (Work Visa.. CR1).. would it be best to withdraw our K-1 petition submitted in November 2020 (The check hasn't even been cashed)... so as not to conflict with the work visa processing?  My fiancé was not aware she could not work for 5-6 months after her arrival on a K-1.... and much prefers the work visa/CR-1 approach.  Thanks Again

[Orangesapples 1,954]

9 minutes ago, scott smith said:

Brilliant.. thank you so much..  so happy to hear that..  

If we decide go this rout.. (Work Visa.. CR1).. would it be best to withdraw our K-1 petition submitted in November 2020 (The check hasn't even been cashed)... so as not to conflict with the work visa processing?  My fiancé was not aware she could not work for 5-6 months after her arrival on a K-1.... and much prefers the work visa/CR-1 approach.  Thanks Again

I'm not sure if you should withdraw the K1. I don't know how certain it is that she can get the work visa. Just a correction. It's not work visa/CR1, it's work visa - >AOS

[aaron2020 11,651]

15 minutes ago, scott smith said:

Brilliant.. thank you so much..  so happy to hear that..  

If we decide go this rout.. (Work Visa.. CR1).. would it be best to withdraw our K-1 petition submitted in November 2020 (The check hasn't even been cashed)... so as not to conflict with the work visa processing?  My fiancé was not aware she could not work for 5-6 months after her arrival on a K-1.... and much prefers the work visa/CR-1 approach.  Thanks Again

What happens if she doesn't get an L1 work visa?  

I would not withdraw the I-129f until after you are married.  

Edited January 19, 2021 by aaron2020

[laylalex 7,300]

2 hours ago, Orangesapples said:

It's true that you can't change the visa from L to CR1 but you don't need to. L visas are dual intent and once in the US, you're allowed to file for adjustment of status after getting married. @laylalex is in this exact situation, her husband is here on an L visa and they're filing for AOS based on marriage. This is 100% allowed and recommended. 

 

1 hour ago, aaron2020 said:

What happens if she doesn't get an L1 work visa?  

I would not withdraw the I-129f until after you are married.  

Yes -- L visas are dual intent, so if you marry on one you can adjust. We have to refile our AOS shortly as it turns out I filed too soon (my husband was out of the country when I sent off the package, whoops) but it follows along on much the same route as a K1 adjustment. One of the reasons he went for an L1 and a transfer is because it was an option for him at a time when we wanted to make sure marriage was in the cards for us. The L1 continued his career (though it has hampered his career progression a little) while giving us the space to figure our relationship out.

 

However this all rests on the L1 ban being lifted, of course. I agree with aaron2020 that you should NOT withdraw the I-129F until she gets the L1. If it's an option, go for it. An L1 adjusting gives you way, way more latitude than a K1 adjusting -- you can travel out of the country, work (obviously!) and carry on with normal life without the irritations of a K1. I went through a K1 AOS process with my ex and that was not a lot of fun, even though it was for a much shorter time (only 5 months from start to finish). The CR1 doesn't even need to come into any discussions.

 

Good luck!

[Orangesapples 1,954]

15 minutes ago, laylalex said:

 

Yes -- L visas are dual intent, so if you marry on one you can adjust. We have to refile our AOS shortly as it turns out I filed too soon (my husband was out of the country when I sent off the package, whoops) but it follows along on much the same route as a K1 adjustment. 

It's true. The difference is that with a K1 AOS, you don't need to submit an I-130 (and pay for it) and thus you don't need relationship evidence at the time of filing. But other than that, it's a pretty similar process. 

[scott smith 3]

Good to know... for now I will keep the K-1 application in tact (until we are married)... if my fiancé is able to get the L work visa this spring/summer.. then we have options.. thank you all for your input.. 

[Loveforyou43 4]

Hey guys how  is the interview at home affairs office when you both make the appt to get marry  in SA for a cr1  like when a US citizen wants to marry in South Africa.

 

what are the questions they test you on each other to make sure we know about each other