k1 visa - need to leave ASAP after the wedding

[Dashinka 24,493]

12 minutes ago, type2error said:

I wish I had discovered this forum before I blindly went down the path of K1!!

No worries.  K1's were very popular especially pre-Covid due to the faster processing times of the I129F.  That time gap has closed, so we have seen quite a few folks change from a K1 to a CR1/IR1 spousal visa.  The good thing is you have found VJ now, so we are hear to help you through the process.

 

Good Luck!

[Dashinka 24,493]

23 minutes ago, Family said:

Forgive me , I refer to “ Consular” as the regular filing not DCF. Jus the usual USCIS-NVC-Consulate route as u indicate 

My bad, I guess I have seen so many DCF threads lately I made an incorrect assumption.

[Redro 4,611]

@type2error just got back from dinner so wanted to say

 

1.) Don't feel bad thinking you needed the K1 to get married in the US. I know the UK has special visa rules for marriage so of course

2.) Going through the K1 or CR1 right after marriage was a bad fit for you... K1)the US wants you to live in the US once you adjust so using AP to finish your Phd (1.5 years) could have resulted in a denial. CR1) Applying for CR1 and moving to the US only to go back to the UK would have put your LPR status in jeopardy (you want to apply for a special document to allow you to stay outside the US for 2 years and obtaining that document involves staying in the US for 3+ months... same issue as AP).

 

If you're a UK citizen you have access to ESTA use that to your advantage and visit your spouse whenever. 

Apply for the spousal visa when you're ready to move to the US.. Know it will take 1.5 - 2 years. And don't move to the US until you're ready! 

 

One of our members has gone through the I-130 process several times because they've lived in several countries in between applications. Maintaining your LPR status can be a mission!  

Edited May 4, 2022 by ROK2USA

[Kai G. Llewellyn 837]

11 hours ago, type2error said:

After 11 months, my K1 visa finally got approved! We are now planning a small wedding ceremony in May and I plan to apply for AOS after. However,  there are some complications as I am still doing my PhD in the UK and my uni can only approve 3 months of "leave to work away". After that, the University urges me to come back as soon as I can. My understanding is that the green card application process will def take longer than 3 months but I can apply for AP in order to leave early. My (naive) questions are: 

 

1. How long does it usually take to get the AP approved with the AOS application? I've seen quite different estimates from different websites. 

2. What are different ways to expedite the AP? I am not sure if they will expedite it for me based on the fact that I have school to finish. 

 

I can either 1) leave after we got married and do not apply for AOS or 2) apply for AOS but get the AP expedited. I would ideally prefer not to go through the marriage visa process again (option 1), as it is a long and expensive journey. But if it takes a year for an AP to get approved, I will have no choice but to leave the country without applying for AOS. I am just starting to look into this and would appreciate any advice!

Uhm, why did you do the K-1 route if this was the case? CR-1 would have been far better here.

 

EDIT: Sorry, just saw your second post. Yeah, you probs don't have a basis to expedite and you're taking a gamble on the AoS costs. It's probs better to go back to the UK and do the CR-1.

Edited May 4, 2022 by Kai G. Llewellyn

[type2error 7]

8 hours ago, ROK2USA said:

@type2error just got back from dinner so wanted to say

 

1.) Don't feel bad thinking you needed the K1 to get married in the US. I know the UK has special visa rules for marriage so of course

2.) Going through the K1 or CR1 right after marriage was a bad fit for you... K1)the US wants you to live in the US once you adjust so using AP to finish your Phd (1.5 years) could have resulted in a denial. CR1) Applying for CR1 and moving to the US only to go back to the UK would have put your LPR status in jeopardy (you want to apply for a special document to allow you to stay outside the US for 2 years and obtaining that document involves staying in the US for 3+ months... same issue as AP).

 

If you're a UK citizen you have access to ESTA use that to your advantage and visit your spouse whenever. 

Apply for the spousal visa when you're ready to move to the US.. Know it will take 1.5 - 2 years. And don't move to the US until you're ready! 

 

One of our members has gone through the I-130 process several times because they've lived in several countries in between applications. Maintaining your LPR status can be a mission!  

That is such a great reminder that maintaining the LPR status itself can be difficult. I will take your advice and apply only when I am ready! 

Edited May 4, 2022 by type2error

[type2error 7]

1 hour ago, Kai G. Llewellyn said:

Uhm, why did you do the K-1 route if this was the case? CR-1 would have been far better here.

 

EDIT: Sorry, just saw your second post. Yeah, you probs don't have a basis to expedite and you're taking a gamble on the AoS costs. It's probs better to go back to the UK and do the CR-1.

Yes obviously I did not know that I could get married on a tourist visa (!!). It's an expensive lesson but at least now we can get married! I did not have a valid visa to enter the US since I have quit my job in 2020 and therefore my H1B was not valid anymore. 

Edited May 4, 2022 by type2error

[dwheels76 5,468]

No advice all the great minds already chimed in. I just wanted to say kudos to you and it's so refreshing having someone taking it on the chin and being such a good kind sport.

You saw your error accepted the new path didn't fuss or fight and just was kind and generous with every post. Even some wit.

 

Oh congratulations 🥳on the approval and WOW DR. PHD coming soon. 

All the best to you and your soon to be spouse.

[SalishSea 17,828]

16 hours ago, type2error said:

Thank you! I absolutely didn't think it through when applying for K1 - I thought I couldn't apply for a tourist visa if marriage is my intent for travel. Would you recommend me not file for AOS after marriage and instead apply for a spouse visa later then? Thanks for your help!

Don't file for AOS unless you can stay in the US until you have AP, now taking 8 months.   Waste of money, and time otherwise.

[SalishSea 17,828]

16 hours ago, type2error said:

My question really is whether it is feasible to get AP approved in 3-4 months - if so, my uni is ok with me staying in the US for this amount of time. And yes, a great reminder that I need to slow down my case at NVC.

No, it will not be approved in 3-4 months.  It is taking twice that.

 

And there is no "slowing down" a K-1 petition at NVC.

[SalishSea 17,828]

16 hours ago, type2error said:

THANK YOUUU SO MUCH, Dashinka!! At the risk of sounding enormously dumb, can I ask if I130 is part of the spousal visa? Do I have to file I130 and also apply for the spousal visa?

The USC spouse would file the I-130 petition.  Eventually, you would apply for the spousal visa.  Could take a year or two.

[type2error 7]

22 hours ago, dwheels76 said:

No advice all the great minds already chimed in. I just wanted to say kudos to you and it's so refreshing having someone taking it on the chin and being such a good kind sport.

You saw your error accepted the new path didn't fuss or fight and just was kind and generous with every post. Even some wit.

 

Oh congratulations 🥳on the approval and WOW DR. PHD coming soon. 

All the best to you and your soon to be spouse.

Thank you @dwheels76! You are too kind. Everyone here has given me great advice and you don't fight these  Seriously, this is a fantastic community and I was missing out before finding it! This thread has saved me 8 months and $1225 - I so appreciate those who contributed. 

 

And thank you for all the kind wishes! I hope to contribute and help others on VS in the future.

[type2error 7]

19 hours ago, Jorgedig said:

No, it will not be approved in 3-4 months.  It is taking twice that.

 

And there is no "slowing down" a K-1 petition at NVC.

I guess I could have scheduled my medical examination and interview at a later stage so the "slowing down". But yes, I now understand that it is not an option for me to apply for AP unfortunately. 

[SalishSea 17,828]

2 hours ago, type2error said:

I guess I could have scheduled my medical examination and interview at a later stage so the "slowing down". But yes, I now understand that it is not an option for me to apply for AP unfortunately. 

Just to clarify - the process for the I-130/spousal visa can indeed be "slowed down" at the NVC stage.  You just have to keep it "active" by contacting NVC at least annually.

 

Because of the NVC's minimal role in the I-129F/K-1 process, the same does not apply.

[Redro 4,611]

8 minutes ago, Jorgedig said:

Just to clarify - the process for the I-130/spousal visa can indeed be "slowed down" at the NVC stage.  You just have to keep it "active" by contacting NVC at least annually.

 

Because of the NVC's minimal role in the I-129F/K-1 process, the same does not apply.

Yep... initially I was advising OP their I-130 petition might be approved quickly and if that happens they should slow it down at NVC stage.

OP has 1.5 years of school left in the UK and if they obtain the spousal visa and enter the US before graduation they might face the same issue of needing to live and study in the UK and maybe requiring a re-entry permit.

They'd face the same issue of waiting for biometrics before they leave and timing could be tricky if they're only allowed to stay outside the UK for 3 months... (stipulation of their Phd program). 

Unfortunately, we weren't around to advise OP 1.) K1 wasn't necessary to get married in the US if they had no intention of living in the US. 2.) You're allowed to marry in the US on ESTA or B2 visa as long as you leave before your period of stay expires.

Edited May 6, 2022 by ROK2USA

[type2error 7]

On 5/5/2022 at 9:48 PM, ROK2USA said:

Yep... initially I was advising OP their I-130 petition might be approved quickly and if that happens they should slow it down at NVC stage.

OP has 1.5 years of school left in the UK and if they obtain the spousal visa and enter the US before graduation they might face the same issue of needing to live and study in the UK and maybe requiring a re-entry permit.

They'd face the same issue of waiting for biometrics before they leave and timing could be tricky if they're only allowed to stay outside the UK for 3 months... (stipulation of their Phd program). 

Unfortunately, we weren't around to advise OP 1.) K1 wasn't necessary to get married in the US if they had no intention of living in the US. 2.) You're allowed to marry in the US on ESTA or B2 visa as long as you leave before your period of stay expires.

Another reason why we applied for k1 was because of covid. At the time it seemed like I might not be able to travel on a tourist visa and we did not know how long it would take for the US to open up. (much less time than we anticipated!)