Drop K-1 Application and File for CR-1?

[lecht008 8]

With no clear restart of K-1 visa processing at the US Embassy in Lima in sight, my fiancee's K-1 visa has been sitting at the NVC for almost 6 months now.  All we want to do is get married and she wants to start working in the US.  Is it possible to just drop our K-1 application and get married and then file for a CR-1?  I believe while the CR-1 is pending my fiancée (or wife if we've filed the CR-1) can work in the US?  The timeline for a green card or citizenship isn't all that important if we can get married and she can start work sooner rather than later.  

 

Also, do you know if we could get married in the US and use the CR-1?  She is currently here on a tourist visa and I don't know if that would raise problems like filing for a green card marriage would.

[Spenceraike4190 13]

Our case has in the Nigerian embassy since feb 2019 and still no news...

[payxibka 10,045]

7 minutes ago, lecht008 said:

With no clear restart of K-1 visa processing at the US Embassy in Lima in sight, my fiancee's K-1 visa has been sitting at the NVC for almost 6 months now.  All we want to do is get married and she wants to start working in the US.  Is it possible to just drop our K-1 application and get married and then file for a CR-1?  I believe while the CR-1 is pending my fiancée (or wife if we've filed the CR-1) can work in the US?  The timeline for a green card or citizenship isn't all that important if we can get married and she can start work sooner rather than later.  

 

Also, do you know if we could get married in the US and use the CR-1?  She is currently here on a tourist visa and I don't know if that would raise problems like filing for a green card marriage would.

Get married and adjust her status.   She remains here.

[iy2020 118]

11 minutes ago, lecht008 said:

With no clear restart of K-1 visa processing at the US Embassy in Lima in sight, my fiancee's K-1 visa has been sitting at the NVC for almost 6 months now.  All we want to do is get married and she wants to start working in the US.  Is it possible to just drop our K-1 application and get married and then file for a CR-1?  I believe while the CR-1 is pending my fiancée (or wife if we've filed the CR-1) can work in the US?  The timeline for a green card or citizenship isn't all that important if we can get married and she can start work sooner rather than later.  

 

Also, do you know if we could get married in the US and use the CR-1?  She is currently here on a tourist visa and I don't know if that would raise problems like filing for a green card marriage would.

She cannot work in the US while the CR-1 is pending. She can visit on a tourist visa, but she cannot live and/or work in the US until she gets the CR-1 visa approved.

 

3 minutes ago, payxibka said:

Get married and adjust her status.   She remains here.

I agree with the above poster. She just wouldn't be able to start working until she gets her EAD, which nowadays is taking between 6-8 months, approximately. 

[powerpuff 6,697]

Applying for CR-1 means that you get married now in the US and then she has to go back to Peru and wait for a spousal visa, you’d be at the back of the line at that point. 
 

so why not just adjust her status? She can remain in the US and it’s just so much easier. 

[lecht008 8]

5 minutes ago, payxibka said:

Get married and adjust her status.   She remains here.

But since we've already applied for a K-1 visa, won't USCIS be suspicious that she came here just to get married?  

[lecht008 8]

6 minutes ago, iy2020 said:

She cannot work in the US while the CR-1 is pending. She can visit on a tourist visa, but she cannot live and/or work in the US until she gets the CR-1 visa approved.

 

I agree with the above poster. She just wouldn't be able to start working until she gets her EAD, which nowadays is taking between 6-8 months, approximately. 

 

5 minutes ago, powerpuff said:

Applying for CR-1 means that you get married now in the US and then she has to go back to Peru and wait for a spousal visa, you’d be at the back of the line at that point. 
 

so why not just adjust her status? She can remain in the US and it’s just so much easier. 

So both of you think the fact we filed for a K-1 visa wouldn't be an issue with filing an AOS? 

[iy2020 118]

Just now, lecht008 said:

 

So both of you think the fact we filed for a K-1 visa wouldn't be an issue with filing an AOS? 

No. Intent was determined at the point of entry. Situations change (particularly during the pandemic) and a lot of people have decided to change their plans. So if she would be okay with not working and/or traveling internationally for several months, AOS is the way to go.

[powerpuff 6,697]

2 minutes ago, lecht008 said:

 

So both of you think the fact we filed for a K-1 visa wouldn't be an issue with filing an AOS? 

People have done that before, I saw few threads about that here. 
 

Btw, intent is determined at the port of entry, not AOS interview. 

[payxibka 10,045]

23 minutes ago, lecht008 said:

But since we've already applied for a K-1 visa, won't USCIS be suspicious that she came here just to get married?  

No

[Maki&Kiki 123]

It's not against law and a lot of people have done it. She might have to prove to the USCIS that she did not misrepresent her intentions when she entered the country, as coming on a visitor visa to get married just to start AOS process earlier is considered immigration fraud, which might result in travel BAN.  
 

Officer may ask when/how/why you two decided to get married, and if she can convince them that her intention was genuine (she truly came on B1 visa just as a visitor, but LATER you two decided to get married), she will AOS successfully.  
 

However I would do some more research on this before making decision. 

 

Good luck ✌️

[retheem 564]

4 hours ago, lecht008 said:

With no clear restart of K-1 visa processing at the US Embassy in Lima in sight, my fiancee's K-1 visa has been sitting at the NVC for almost 6 months now.  All we want to do is get married and she wants to start working in the US.  Is it possible to just drop our K-1 application and get married and then file for a CR-1?  I believe while the CR-1 is pending my fiancée (or wife if we've filed the CR-1) can work in the US?  The timeline for a green card or citizenship isn't all that important if we can get married and she can start work sooner rather than later.  

 

Also, do you know if we could get married in the US and use the CR-1?  She is currently here on a tourist visa and I don't know if that would raise problems like filing for a green card marriage would.

Get married and adjust status. She is here already

[Dashinka 24,497]

4 hours ago, lecht008 said:

 

So both of you think the fact we filed for a K-1 visa wouldn't be an issue with filing an AOS? 

Add me as a third.  If she is in the US now, and you have decided to get married, AOS is indeed a legal option.  Many folks do this successfully all the time as plans change etc.  The BIG positive is that you are together during the process, the negatives are that AOS is relatively expensive, and the immigrating spouse cannot work or re-enter the US (if she were to leave for some reason) for several months while the EAD/AP Applications that you would include in her AOS filing are processed.  Everyone has to make their own decisions, but if she can swing not going back to Peru or not working for 5-8 months and you are planning to marry, I would also support the AOS route.

 

Good Luck!

[Daisy.Chain 317]

What about those important ties to home she has to go wrap up? 🙃

Edited January 22, 2021 by Daisy.Chain

[Daisy.Chain 317]

You could always marry, have her fly home and wrap up the loose ends while you wait until the visa processes, then have her come back in where she is a PR upon entry.