Switch from K1 to CR1 after waiting 11.5 months?

[AJeane 7]

My fiance and I applied for a k1 visa September 2021. We've been waiting 11.5 months for noa2. Now we're wondering whether we should just get married and switch to CR1. Would he be able to legally work sooner with CR1? Would he be able to spend much time visiting here with his b1/b2 visa while waiting for the CR1 to be approved? Does he have to wait a certain amount of time in between his visits? How likely would a k3/k4 visa be approved while we're waiting for spousal visa to be approved?

[MarJhi 968]

9 minutes ago, AJeane said:

My fiance and I applied for a k1 visa September 2021. We've been waiting 11.5 months for noa2. Now we're wondering whether we should just get married and switch to CR1. Would he be able to legally work sooner with CR1? Would he be able to spend much time visiting here with his b1/b2 visa while waiting for the CR1 to be approved? Does he have to wait a certain amount of time in between his visits? How likely would a k3/k4 visa be approved while we're waiting for spousal visa to be approved?

You are probably 2 to 3 months from getting your NOA2 (assuming nothing changes). If you want to switch at this late stage that's fine but do you really want to start the clock all over again? You'll have to look into the approval times for CR1 versus K1 to make the right decision for you and your fiancé.

Edited August 31, 2022 by MarJhi

[Palawan 131]

10 hours ago, AJeane said:

My fiance and I applied for a k1 visa September 2021. We've been waiting 11.5 months for noa2. Now we're wondering whether we should just get married and switch to CR1. Would he be able to legally work sooner with CR1? Would he be able to spend much time visiting here with his b1/b2 visa while waiting for the CR1 to be approved? Does he have to wait a certain amount of time in between his visits? How likely would a k3/k4 visa be approved while we're waiting for spousal visa to be approved?

I would ride the current one out now, If you were only like 3 to 4 months I may look into switching, sounds like you are around the corner from NOA2.

[Chancy 6,243]

Would he be able to legally work sooner with CR1? -- A CR1 visa holder immediately gains permanent resident status upon US entry, so he would have legal authorization to work from day 1.

 

Would he be able to spend much time visiting here with his b1/b2 visa while waiting for the CR1 to be approved? -- Traveling to the US with B1/B2 visa is allowed during the CR1 process.  As always, entry into the US is at the discretion of CBP.  Check this thread -- https://www.visajourney.com/forums/topic/744770-travelling-on-tourist-visa-whilst-waiting-for-i-130/

 

Does he have to wait a certain amount of time in between his visits? -- No set policy, but rule of thumb is to spend twice as much time outside the US than in.

 

How likely would a k3/k4 visa be approved while we're waiting for spousal visa to be approved? -- Highly unlikely.  K3 is effectively obsolete, with only a handful issued globally in recent years.

 

[Beth Moskov 25]

I would not switch as you would have to start the clock all over again! And the K-3 takes longer. There is a serious backlog . We applied in November 2020 and my fiance was approved for his Visa in June 2022. It is tough because the wait game not seeing each other is discouraging! Do your best to find ways to stay connected have virtual date nights, movie nights, we had our own little book club and we would discuss our favorite books, do all you can to create the best semblance of a normal relationship despite being across the world from each other. The best way to get through this. Eventually you will hear back from them.