Is it possible to switch from K-1 to CR-1 without starting over

[RonaldW 2]

I have filed for K-1 in June 2020 and needless to say, it has been a very painful long wait.  Is it possible to switch from K-1 to CR-1 without losing order in queue?

 

And if not possible, is it still a good idea to start over?

 

Thanks.

[Adventine 3,216]

No, unfortunately. They are two separate queues.

 

Getting married automatically invalidates your K1 application. If you choose this route, you will have no other option but the spousal visa.  

 

[aaron2020 11,651]

There is no switching from a K-1 to a CR-1.

 

Marrying would invalidate your I-129f.  You would need to start over by filing an I-130 for a spousal visa.  The current wait is 12-18 months.

 

Whether it is a good idea to pursue the spousal visa depends on your circumstances.  How important is it to be together as soon as possible?  Can you afford to have the K-1 visa holder be at home and not be able to work for 6-8 months while waiting for work authorization?  

My nephew waited 2 1/2 years for his wife and baby boy to immigrate to the US.  It was miserable.  It sucked.  It had to be done because that's the way the immigration system works.  They're together now.  

[RonaldW 2]

Thanks for the speedy and helpful advice all.

 

I don't care about being able to work in US.  But being able to travel outside US after married and being able to file my own VISA to her country is another benefit.  In the end, being able to live together is the bigger factor.

 

When I started working on K-1 visa application, I was thinking it will take ~7 months.  If I had known this end up taking so long, I would have filed CR-1.  Oh well, I didn't expect this pandemic is messing things up.

[Adventine 3,216]

Let's take a step back here. What is your goal, as a couple? To live in the US or to live in your partner's home country? Or it doesn't matter, as long as the two of you are together?

 

Both the K1 and CR1 routes are meant for the foreign national to live in the US. If you aren't sure about settling permanently in the US, then perhaps you need to reconsider the entire process of immigrating to the US.

 

Alternatively, is there a way for you to live in the foreign country while waiting for the K1 process to finish? 

[RonaldW 2]

It is more important to live together.  All other things are secondary (i.e. nice to have).  For now, I can fly to her country sometimes but my company doesn't allow me to be away from US (I have asked).  I think I will keep my current application.

[Adventine 3,216]

You are lucky that your partner's country still allows visitors. I'm another June 2020 filer so I'm almost exactly in the same situation and I sympathize with the wait. My partner and I discussed the pros and cons of staying with our K1 application or switching to the spousal. We decided to retain our K1 application to hold our place in the queue, and we will only proceed with the spousal if the K1 visa is denied (an unlikely scenario). In the meantime, I can travel to the US for visits. Working and travelling internationally right after marriage isn't a priority either for us.

 

Best of luck to you.

[RonaldW 2]

I see, we have similar struggle.

 

BTW, I have an idea you can consider if you really want to meet up.  Last year, her country is closed to US citizen.  So I decide to meet her at Turkey (I also considered Mexico) instead last September for about 1.5 months.

[Chancy 6,243]

1 hour ago, RonaldW said:

I don't care about being able to work in US.  But being able to travel outside US after married and being able to file my own VISA to her country is another benefit.

 

Note that if you decide to stick with K1, your future spouse will not be able to travel freely outside the US after entering with the K1 and before getting advance parole or a green card.  She can leave but she will not be allowed to re-enter.  Processing of AP applications takes around 6 to 8 months now.

 

This is actually a major factor that made my spouse and I decide on the CR1 route.  Not being able to work in the US was not an issue for us, but not being able to travel freely was a deal-breaker.

 

[RonaldW 2]

18 minutes ago, Chancy said:

 

Note that if you decide to stick with K1, your future spouse will not be able to travel freely outside the US after entering with the K1 and before getting advance parole or a green card.  She can leave but she will not be allowed to re-enter.  Processing of AP applications takes around 6 to 8 months now.

 

This is actually a major factor that made my spouse and I decide on the CR1 route.  Not being able to work in the US was not an issue for us, but not being able to travel freely was a deal-breaker.

 

Yes, I understand the limitation now but it is not worth starting over application for this.

[Adventine 3,216]

17 minutes ago, Chancy said:

 

Note that if you decide to stick with K1, your future spouse will not be able to travel freely outside the US after entering with the K1 and before getting advance parole or a green card.  She can leave but she will not be allowed to re-enter.  Processing of AP applications takes around 6 to 8 months now.

 

This is actually a major factor that made my spouse and I decide on the CR1 route.  Not being able to work in the US was not an issue for us, but not being able to travel freely was a deal-breaker.

 

I did wonder about your reasons! I perfectly understand how the lack of international travel after marriage makes the K1 option unattractive for many.  On top of other disadvantages mentioned often on this site.

 

This is really a personal choice for every couple but it's good to be aware of the big picture and all the domino effects of one's choices.

[JeanneAdil 6,714]

your post sounds like you did K1 because it is faster and now you want to switch to CR1

are you already married?

[elkski 30]

 It really is hard to choose between the K1 and CR1.    It does worry me if a close family member dies in the first 6-8 months.  If she had to go to a funeral what then?   We are married and I have to do a CR1?  Stupid rules written by people with no skin in the game. 

 If you applied in june you should have been able to see it was taking 4 months to get NOA2 before covid shut things down.  Then another 3-4 months.   I have noa1 3/6. I figure it took extra 3 months in CSC than just 3 months earlier  then sat at NVC for 4 months instead of 2 weeks.  So I am  at 320 days now or 70 days more than total time a year ago.  I'm figuring we may take 600 days total  easy.  At least for bangkok it seems 5-7months worth of backlog  just got out of jail at NVC.   And consulates probably not interviewing at 100% rate.  

[Lemonslice 4,994]

42 minutes ago, elkski said:

 It really is hard to choose between the K1 and CR1.    It does worry me if a close family member dies in the first 6-8 months.  If she had to go to a funeral what then?   We are married and I have to do a CR1?  Stupid rules written by people with no skin in the game. 

 If you applied in june you should have been able to see it was taking 4 months to get NOA2 before covid shut things down.  Then another 3-4 months.   I have noa1 3/6. I figure it took extra 3 months in CSC than just 3 months earlier  then sat at NVC for 4 months instead of 2 weeks.  So I am  at 320 days now or 70 days more than total time a year ago.  I'm figuring we may take 600 days total  easy.  At least for bangkok it seems 5-7months worth of backlog  just got out of jail at NVC.   And consulates probably not interviewing at 100% rate.  

It is really hard to emigrate. Unless someone has unlimited funds and time off, it is impossible to travel back "home" for every important event.  Personally, I found that travelling as often as possible, to visit, and for some events, has helped me - frequent communication with videoconference and phone calls too.  But yeah, sometimes it hurts to be so far (and the pandemic has amplified the difficulties).   

Edited January 27, 2021 by Lemonslice

[elkski 30]

being married doesn't always mean it's easy to get visa in her country for more than a minimum tourist time.

Maybe read this thread.

 

Edited January 27, 2021 by elkski