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Minkybear

Switching from K1 to CR1, can we get married in the US using my existing ESTA? Consider zoom marriage?

By Minkybear in IR-1 / CR-1 Spouse Visa Process & Procedures

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dwheels76 Grand Master

dwheels76   5,466

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Filed: Citizen (apr) Country: Nigeria
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On 12/19/2022 at 5:39 PM, Minkybear said:

Hi

 

My fiance (USC) and I (beneficiary, UK citizen) filed for a K1 and got our NOA1 in August 2022. We are looking to withdraw the K1, get married and file for a CR1 instead (we admittedly hurried into the K1 and were given inaccurate information about it being faster). At this point, we are no longer concerned with "the fastest route". CR1 is just admittedly better for us and our circumstances, and we want to switch before we get too far into the K1 process for it to be worth it.

I already have an ESTA. It is not possible for us to marry in the UK, as he will have to be here for a minimum of 29 days due to marriage laws here (can't take that much time off due to his job). My questions are:

  • Is it legal to come to the US to visit my fiance using my ESTA, get married and I return to the UK? Or would this be fraudulent? Especially with the K1 having existed? Again, fully intend on returning and living in the UK while we wait it out.
  • If the above is not okay, we are also considering a Utah zoom marriage. We know that it is recognised by the USCIS if we prove we have met in person before filing for the CR1. And we will of course see one another when we can between filing and interview, so will be able to give proof of a real married relationship. If we go the Utah route, are there extra steps to consider to make sure the marriage is legal?
  • We filed for the K1 without a lawyer. If we switch, should we lawyer up just to be safe?

 

We just want to get this right. Thanks in advance for your info!

1. Your first choice is fraud if you get married and still continue with a K1 path. You cant do that. You would have to withdraw the K1 and file the CR1.
2. getting married via zoom and filing CR1 is fine.
3. No need for a lawyer the process is very easy. But why not stay the K1 path especially with your embassy not having a backlog you probably be here a year sooner.

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