Applying for CR-1 while K-1 is open

[Dima Gordeyev 1]

Hello all!

 

My fiance and I were granted a K-1 visa for her. She is currently in the states. Due to certain life circumstances, she needs to return to Ukraine before we are able to get married here. We obviously still want to get married and are thinking of other options.

 

We'd like to get married in Ukraine a bit down the road and apply for a CR-1 visa instead. What sort of complications should we expect, considering she has an open K1 visa at the moment? Are there any steps we should take, like nullifying the visa, or letting the USCIS know about these last minute changes?

 

How can we prepare to make this process as smooth as possible?

[Timona 4,207]

No complications. You'll just have to start a fresh. 

 

If I were you, I'd dash to the courthouse, get married. She can then leave, even straight from the courthouse to the airport. You then apply for her l-130 so she can interview abroad.

 

However, with the situation in Ukraine, I'll ask her to reconsider leaving US. The embassy there is closing. She may be out for more than she'd bargain for. She's about to bite a bigger bullet her. Time to start thinking. 

[Boiler 45,524]

Looks like her visa was issued more than 90 days ago?

[Dima Gordeyev 1]

Yes, but she entered the states on December 25th, 2021.

[Boiler 45,524]

How long does she need to go for?

[Dima Gordeyev 1]

It's indefinite at this point, this is why we are considering CR-1.

[Boiler 45,524]

CR-1 is pretty indefinite do a good choice.

[powerpuff 6,703]

~ Moved from K1 Progress Reports to CR1/IR1 Process as the question is about filing CR1 ~

[pushbrk 12,892]

7 hours ago, Dima Gordeyev said:

Hello all!

 

My fiance and I were granted a K-1 visa for her. She is currently in the states. Due to certain life circumstances, she needs to return to Ukraine before we are able to get married here. We obviously still want to get married and are thinking of other options.

 

We'd like to get married in Ukraine a bit down the road and apply for a CR-1 visa instead. What sort of complications should we expect, considering she has an open K1 visa at the moment? Are there any steps we should take, like nullifying the visa, or letting the USCIS know about these last minute changes?

 

How can we prepare to make this process as smooth as possible?

Note that if she is already in the States, she does not have an "open K-1".  K1 is a single use visa.  No complication in doing a CR1, but a foreigner marrying in Ukraine can definitely be complicated.  I would consider a quick civil marriage in the USA before she leaves, to avoid that complication.  She won't be staying to adjust status, but at least you will already be married and can start the immigrant visa process as soon as you wish.

 

If you're not really sure about actually getting married, don't, but then your potential future plans are very sketchy/uncertain given circumstances in today's world AND particularly in Ukraine.