Switching to CR1 / alternatives to pending K1 Visa?

[Adam Macy 8]

realize this question has definitely been asked before, so apologies.  In the current environment of crazy delays on the k visas, just curious people's reactions to just getting married in the states and switching to a marriage based application.  Recognize the marriage based applications take a long time too, but that way we could in theory wait in out together in the US right?  

 

Is there any other creative ways to accelerate our ability to be together in the states?  We're looking at student visas or employers that may sponsor on an E visa, but it's a long shot.  

 

Again sorry for the repetitive questions, just curious for the latest thinking given how delayed things are and no signs of it speeding up (at least before Q4 2023).

[powerpuff 6,697]

15 minutes ago, Adam Macy said:

that way we could in theory wait in out together in the US right?  

No, you cannot. The beneficiary has to leave the US and wait out the entire CR1 process abroad

 

15 minutes ago, Adam Macy said:

just curious people's reactions to just getting married in the states and switching to a marriage based application.

15 minutes ago, Adam Macy said:

Is there any other creative ways to accelerate our ability to be together in the states?  We're looking at student visas or employers that may sponsor on an E visa, but it's a long shot.

There are no loopholes. Coming on a non-immigrant visa such as a student or tourist visa with an intent to stay in the US and adjust status is immigration fraud. Work visas are usually dual intent so it won’t be an issue but I don’t see how securing a work visa is easier and less time consuming than a family based visa like spousal.

 

Edited April 19, 2022 by powerpuff

[Rocio0010 5,579]

22 minutes ago, Adam Macy said:

people's reactions to just getting married in the states and switching to a marriage based application

You'd think that if it was legal, people would do it all the time, right?

 

23 minutes ago, Adam Macy said:

but that way we could in theory wait in out together in the US right?

Same answer. If that was the case, then what would be the point of a K1?

24 minutes ago, Adam Macy said:

creative ways

= fraud.

Same answer: You'd think that if those "creative ways" were legal, people would try them before engaging in the k1 process, right?

[aaron2020 11,651]

The question has been asked before and the answer remains the same.  

There are no loopholes that will make it faster.  If there was, people would be sharing this secret. 

 

Being married does not allow you to wait out the process in the US.  If it did, then why would anyone go through the trouble of getting a K-1 fiancee visa.

 

There are no "creative ways to accelerate" anything.  If there was, everyone would be doing it.  

A student visa requires showing non-immigrant intent.  A work visa is not easy to get.  None of this is creative.  It's other paths that are not realistic.  

Separation is part of the immigration process.  Accept this truth.  

 

Patience is required. 

 

Best of luck.  

[Lemonslice 4,836]

7 hours ago, Adam Macy said:

realize this question has definitely been asked before, so apologies.  In the current environment of crazy delays on the k visas, just curious people's reactions to just getting married in the states and switching to a marriage based application.  Recognize the marriage based applications take a long time too, but that way we could in theory wait in out together in the US right?  

 

Is there any other creative ways to accelerate our ability to be together in the states?  We're looking at student visas or employers that may sponsor on an E visa, but it's a long shot.  

 

Again sorry for the repetitive questions, just curious for the latest thinking given how delayed things are and no signs of it speeding up (at least before Q4 2023).

Where is your partner currently? 

[Redro 4,611]

8 hours ago, Adam Macy said:

realize this question has definitely been asked before, so apologies.  In the current environment of crazy delays on the k visas, just curious people's reactions to just getting married in the states and switching to a marriage based application.  Recognize the marriage based applications take a long time too, but that way we could in theory wait in out together in the US right?  

 

Is there any other creative ways to accelerate our ability to be together in the states?  We're looking at student visas or employers that may sponsor on an E visa, but it's a long shot.  

 

Again sorry for the repetitive questions, just curious for the latest thinking given how delayed things are and no signs of it speeding up (at least before Q4 2023).

Unfortunately, you have to wait just like everyone else. 

You can visit your partner in Spain or they can try to visit you in the US (but entry is not guaranteed). 

If you want to switch to CR1 you can visit your partner in Spain and marry there. I would not advise having your partner visit you in the US with the intention of getting married because if CBP discovers she intends to get married in the US with a K1 pending she might be deported from the US and face a ban (which will complicate your case). 

If you do decide to get married remember the CR1/IR1 process takes 1.5 to 2 years and they'll be waiting for interview outside the country, too. 

 

[nastra30 2,284]

14 hours ago, Adam Macy said:

Recognize the marriage based applications take a long time too, but that way we could in theory wait in out together in the US right?  

 

Is there any other creative ways to accelerate our ability to be together in the states?

I don't think there are creative ways to circumvent the process. Actually, the one creative way while application is pending is for you guys to stay in the beneficiary's country while waiting it out if you don't want to be separated.

Edited April 20, 2022 by nastra30

[Crazy Cat 41,836]

@Lemonslice has asked the most important question of this discussion.  Where is the fiance right now?

If the fiance is outside the US, then entering with the intent to marry, then leave is legal.  Entering the US as a non-immigrant with the intent to stay and adjust status in NOT legal.

Edited April 20, 2022 by Crazy Cat

[Pandora Gadomski 22]

23 hours ago, Rocio0010 said:

You'd think that if it was legal, people would do it all the time, right?

 

Same answer. If that was the case, then what would be the point of a K1?

= fraud.

Same answer: You'd think that if those "creative ways" were legal, people would try them before engaging in the k1 process, right?

Utah courts does online weddings that are 100% legal in U.S. you can get an apostille for other countries as well. You would need to be present with your spouse upon entering U.S. though. It's very inexpensive 

[Crazy Cat 41,836]

4 minutes ago, Pandora Gadomski said:

Utah courts does online weddings that are 100% legal in U.S. you can get an apostille for other countries as well. You would need to be present with your spouse upon entering U.S. though. It's very inexpensive 

Be aware that a Utah zoom wedding will not be recognized by USCIS until both parties have been in the physical presence of each other (consummated) either during or after the wedding ceremony.  An I-130 cannot be filed until after the marriage has been consummated.  

Edited April 20, 2022 by Crazy Cat

[Pandora Gadomski 22]

1 minute ago, Crazy Cat said:

Be aware that a Utah zoom wedding will not be recognized by USCIS until both parties have been in the physical presence of each other (consummated) either during or after the wedding ceremony.  An I-130 cannot be filed until after the marriage has been consummated.  

Yes. That is why I stated that their spouse must be present upon entry. I was married by Utah courts online and my marriage certificate states I was married In Utah.  I also have a letter from Utah clerk of courts stating it is not considered a "proxy" or "virtual" wedding. I was present with my husband upon arrival to U.S.

[Family 3,988]

19 minutes ago, Pandora Gadomski said:

Yes. That is why I stated that their spouse must be present upon entry. I was married by Utah courts online and my marriage certificate states I was married In Utah.  I also have a letter from Utah clerk of courts stating it is not considered a "proxy" or "virtual" wedding. I was present with my husband upon arrival to U.S.

May I ask you to clarify for me if you had to go “ consummate “ the marriage, thus go visit your husband overseas BEFORE you filed the I-130? Thank you. You are the first person I’ve encountered with “ hands on” experience. 

[Pandora Gadomski 22]

4 minutes ago, Family said:

May I ask you to clarify for me if you had to go “ consummate “ the marriage, thus go visit your husband overseas BEFORE you filed the I-130? Thank you. You are the first person I’ve encountered with “ hands on” experience. 

Yes. We were together in London, England and were married online vis Utah courts. We flew to U.S (I am U.S. citizen). If I wasn't present he would not have been able to be admitted. (They told us this at the airport in U.S.). I think even if you "consummate" the marriage, it was my understanding that we needed to be together upon my husband's arrival, consummated or not. Subsequently,  My I-130 was denied because I didn't make enough money. We left the country 2 weeks ago. Today (Apr 20) is actually our 1 yr wedding anniversary. 😁

[Timona 4,207]

1 hour ago, Pandora Gadomski said:

Yes. That is why I stated that their spouse must be present upon entry. I was married by Utah courts online and my marriage certificate states I was married In Utah.  I also have a letter from Utah clerk of courts stating it is not considered a "proxy" or "virtual" wedding. I was present with my husband upon arrival to U.S.

@Crazy Cat is talking about something totally different. 

 

Question for you: after the wedding, die you file I-130 immediately or you filed after you guys had physically met?

[Pandora Gadomski 22]

5 minutes ago, Timona said:

@Crazy Cat is talking about something totally different. 

 

Question for you: after the wedding, die you file I-130 immediately or you filed after you guys had physically met?

We married a few months after we physically met in London. He came to US on ESTA visa waiver (tourist visa) We were going to go back to UK after 3 months; originally. After 2 months we decided to adjust his status instead of going back to UK.  I filed the I-130 from U.S. after we were both present in the country. We did need to be physically together after the wedding for him to enter U.S. the i130 was filed afterwards. I hope that answers your questions. If not, lmk 🙂