Switch Visas, Is it an option, is it worth it?

[lucianabrasil 0]

I have a question. We are in the process of our K1 visa, waiting... But I am waiting here in the US and my fiancé is in his country. Since the distance is so hard to handle we are wondering if its worth it to cancel our K1 visa application, I would find a remote job so that I can still sponsor the visa from out of country, and I would move to his country for a little while, we would get married and apply for the CR1 visa and once it is approved we would come back to the US. So he would still get the visa, but instead of waiting for it apart we would wait together, already married.

 

What do you guys think about this? is it okay to cancel the K1 and start the CR1? would the remote job work for the sponsorship ? What do you think the pros and cons of something like that would be?

Our K1 application was received July 31st, 2022.

[Dashinka 24,171]

A lot of people switch from a K1 to a CR1.  Of course once you marry, you cannot switch back.  Overall, the CR1 is a superior visa, and processing times between the K1 and CR1 are quite close.  Now the question you have to ask yourself is how far along is the K1 process and is it worth it to make a change at this point.  You will also have to deal with gaining residency in your fiancé's country that will allow you to work as well.

 

Immigration is tough on many couples as the LDR can be taxing particularly with the longer processing times we are seeing now.

 

Good Luck! 

[beloved_dingo 1,975]

7 minutes ago, lucianabrasil said:

I have a question. We are in the process of our K1 visa, waiting... But I am waiting here in the US and my fiancé is in his country. Since the distance is so hard to handle we are wondering if its worth it to cancel our K1 visa application, I would find a remote job so that I can still sponsor the visa from out of country, and I would move to his country for a little while, we would get married and apply for the CR1 visa and once it is approved we would come back to the US. So he would still get the visa, but instead of waiting for it apart we would wait together, already married.

 

What do you guys think about this? is it okay to cancel the K1 and start the CR1? would the remote job work for the sponsorship ? What do you think the pros and cons of something like that would be?

Our K1 application was received July 31st, 2022.

It is not an issue to cancel the K1 process and restart with CR1 after marriage. In many ways the CR1 is superior anyway. 

 

However, do you know for a fact you can find a remote job that pays enough and is doable in another country (considering things like differences in time zone)?

 

You also have to make sure to maintain domicile (or have a plan to re-establish domicile) in the U.S. if you intend to live out of the country for ~2 years. This would include things like, keeping U.S. bank accounts, driver's license/state ID, maintaining property in the U.S., keeping your voter registration active, etc. 

 

[JeanneAdil 6,402]

Income would need to be US income that will continue when u return (online or thru a Us business doing work in that country)  foreign income does not count for the visa

 

or a joint sponsor with Us residency

[Crazy Cat 41,350]

46 minutes ago, lucianabrasil said:

I have a question. We are in the process of our K1 visa, waiting... But I am waiting here in the US and my fiancé is in his country. Since the distance is so hard to handle we are wondering if its worth it to cancel our K1 visa application, I would find a remote job so that I can still sponsor the visa from out of country, and I would move to his country for a little while, we would get married and apply for the CR1 visa and once it is approved we would come back to the US. So he would still get the visa, but instead of waiting for it apart we would wait together, already married.

 

What do you guys think about this? is it okay to cancel the K1 and start the CR1? would the remote job work for the sponsorship ? What do you think the pros and cons of something like that would be?

Our K1 application was received July 31st, 2022.

Other than the lost K-1 fee, I don't see any real downside at this point.  Just send a letter to withdraw the I-129F when you submit the I-130.  Once you marry, you will no longer qualify for the K-1.  Your spouse will be a full-fledged Green Card holder once he enters the US via a spousal visa.  Good Luck.

[travusb 69]

As others have stated you can cancel the K1 pretty easily, but once you cancel it there is no undo button without refiling a new K1 and going to the end of the line.

So make sure you take the time to figure out if this is what you want. Seeing as your application has been in for 3 months it's hard to advise to start over with a CR1 from a time perspective. 

 

That being said everyone is advising you to think about the CR1 because of the benefits it brings. We did the K1 and regretted it.

We thought who cares if it takes 6 months before she can work or travel out of the United States, but here's what we found out.

 

1. Not working or contributing financially in the marriage can drive some people mad. So your partner has to get hobbies or something else to keep them sane. We went with getting and training a puppy so it wasn't too bad.

2. Her father ended up passing away from covid. This was before she came to the US but it had us worried about her mother and she was unable to visit her while we waited for AOS.

 

All that being said the waiting is very difficult and if your only goal is both of you being back here in the US as soon as possible I would suggest just waiting for your K1 application.

 

[Chancy 6,239]

*** Moved from K1 Progress Reports to K1 Process & Procedures ***

 

[SteveInBostonI130 3,373]

Go for it.  👍

[Family 3,842]

You can also go wait with in his country now ( waiting for K-1)  if you have remote work available. …unless of course it’s an Islamic country that requires marriage in order to live together.