Deciding to change from K1 to CR1/IR1 (merged)

[Mike E 11,739]

2 hours ago, RedaAd said:

Yeah I think we might just go go i130 after we meet. Thanks all for the advices, really appreciate it.

Also should we do anything about our ongoing k1 i129 process or just let it be .

@Mike E @Crazy Cat

Marry now online. 
 

To keep your options open, withdraw  I-129F only after you meet.  
 

This way if I-129F is approved  before you meet, the alien can continue the K-1 process provided you two don’t meet again until the alien arrives in the USA.  If so, you can then immediately file the I-485 package and get a 10 year green card if the date of your marriage certificate is 2 years or more before I-485 is approved. Mind blowing but it is the law and there are people on visajourney who have done it.  
 

 

Edited January 24, 2023 by Mike E

[Neonred 3,562]

1 hour ago, Mike E said:

Marry now online. 
 

To keep your options open, withdraw  I-129F only after you meet.  
 

This way if I-129F is approved  before you meet, the alien can continue the K-1 process provided you two don’t meet again until the alien arrives in the USA.  If so, you can then immediately file the I-485 package and get a 10 year green card if the date of your marriage certificate is 2 years or more before I-485 is approved. Mind blowing but it is the law and there are people on visajourney who have done it.  
 

 

Marry now but keep the I-129F open as an option??  

 

I am not a fan of that advice.

Edited January 24, 2023 by Neonred

[Mike E 11,739]

47 minutes ago, Neonred said:

Marry now but keep the I-129F open as an option??

Until they meet yes. 
 

47 minutes ago, Neonred said:

 

I am not a fan of that advice.

If they got married today and the K-1 visa was issued tomorrow, would you still not be a fan of my advice?

[SalishSea 17,801]

7 hours ago, RedaAd said:

Appreciate the comment, well I think if we get marriage certificate and apply for i-130 they would only ask for additional evidence after 10-12 months of the processing time when our turn comes and by that time we would have enough proof to send right ?

Incorrect.   You are not eligible to file a spousal visa petition until after you are together in person following the marriage.

[bck86 20]

I decided to go this route. Filed for K1 in November 2022 but ended up getting married via Utah while I was with my husband earlier this month. I filed the I-130 the day after I returned to the US (about a week after our marriage). I feel good about our decision, but obviously I haven't made it far enough into the process to know if it was truly the better option. I'm hoping so!

[Crazy Cat 41,806]

3 minutes ago, bck86 said:

I decided to go this route. Filed for K1 in November 2022 but ended up getting married via Utah while I was with my husband earlier this month. I filed the I-130 the day after I returned to the US (about a week after our marriage). I feel good about our decision, but obviously I haven't made it far enough into the process to know if it was truly the better option. I'm hoping so!

 

K-1        
    More expensive than CR-1    
    Requires Adjustment of Status after marriage (expensive and requires a lot of paperwork)    
    Spouse can not leave the US until she/he receives approved Advance Parole (approx 6-8 months)    
    Spouse can not work until she/he receives EAD (approx 6-8 months)    
    Some people have had problems with driver licenses, Social Security cards, leases, bank account during this period    
    Spouse will not receive Green Card for many months after Adjustment of Status is filed.
    A K-1 might be a better choice when 18-21 year old children are immigrating also
    In some situations, marriage can affect certain Home country benefits, making a K-1 a better choice   
    A denied K-1 is sent back to USCIS to expire
    

CR-1
    Less expensive than K-1    
    No Adjustment of Status(I-485, I-131, I-765) required.    
    Spouse can immediately travel outside the US    
    Spouse is authorized to work immediately upon arrival.    
    Spouse receives Social Security Card and Green Card within 2 or 3 weeks after entering the US    
    Opening a bank account, getting a driver's license, etc. are very easily accomplished with GC, SS card, and passport.
    Spouse has legal permanent Resident status IMMEDIATELY upon entry to US.
   

 

[JeanneAdil 6,489]

Since u r going to Moroc in the next few months ,  marry there and then there will be no problem with consummating the marriage

i say this as its  hard to be alone in Moroc with intended spouse if no marriage certificate

 

and the lawyers disagree about the word consummate  all the following say secual intercourse is the consummation

so, as etrangais points out "its  important to be legal in moroc "   or famlly will not allow and no hotel would rent a room to u as a couple/ actually against the law   

Article 490 of the Penal Code criminalizes pre-marital sex.

 

https://www.law.cornell.edu/wex/consummation#:~:text=In the context of marriage,for divorce or an annulment

 

https://www.oxfordreference.com/display/10.1093/oi/authority.20110803095634415;jsessionid=58173BEC849C959A4EE4D44801462C0F

 

https://legal-dictionary.thefreedictionary.com/consummation+of+marriage

 

One law site said different but i can't remember which one / it said all that was needed was to be in same place together (that was a fairly course interpretation) 

but i wouldn't fool around with a Moroccan born CO at interview /  they do sometimes ask "have u slept with the other person?"

[Neonred 3,562]

6 hours ago, Mike E said:

Until they meet yes. 
 

If they got married today and the K-1 visa was issued tomorrow, would you still not be a fan of my advice?

You don't think it's a problem to continue with the K-1 after getting married?

[Mike E 11,739]

39 minutes ago, Neonred said:

You don't think it's a problem to continue with the K-1 after getting married?

I know it isn’t.  The  department of state FAM:

 

https://fam.state.gov/fam/09FAM/09FAM010208.html

 

FAM 102.8-1(D)  Proxy Marriages 

(CT:VISA-1272;   05-03-2021)

A marriage where one or both parties was not present (proxy marriage) is not valid unless the marriage was consummated.  

(1)  Consummated:  [… I’ve already quoted this part earlier in this thread ] 

 

(2)  Unconsummated:  A proxy marriage that has not been subsequently consummated does not create or confer the status of “spouse” pursuant to INA 101(a)(35).  For IV cases, a party to an unconsummated proxy marriage may be processed as a nonimmigrant fiancé(e).  A proxy marriage celebrated in a jurisdiction recognizing such marriage is generally considered to be valid; thus, an actual marriage in the United States is not necessary if the applicant is admitted to the United States under INA provisions other than as a spouse.  (See 9 FAM 502.7-3(B) for additional information on fiancé classifications.)  

 

 

 

[RedaAd 0]

Can we Apply for I-130 before consummating marriage online and upload supporting documents later after maybe 5 months  proofing that we have consummated our marriage, this is to avoid wasting more months ?

 

[Mike E 11,739]

1 minute ago, RedaAd said:

Can we Apply for I-130 before consummating marriage online 

 

No. You must upload evidence that you’ve met in person between the time of 3 way marriage service and the time you file I-130.  

[Crazy Cat 41,806]

34 minutes ago, RedaAd said:

Can we Apply for I-130 before consummating marriage online and upload supporting documents later after maybe 5 months  proofing that we have consummated our marriage, this is to avoid wasting more months ?

 

No.  This was explained in one of your earlier threads.  Doing that will just delay your case by a year or more. 

 

Deciding to change from K1 to CR1/IR1 - IR-1 / CR-1 Spouse Visa Process & Procedures - VisaJourney

Edited February 21, 2023 by Crazy Cat

[Crazy Cat 41,806]

***Moved to IR-1/CR-1 Process and Procedures***

[powerpuff 6,677]

Answers won’t change since the last time you asked this exact question 

[SteveInBostonI130 3,432]

50 minutes ago, RedaAd said:

Can we Apply for I-130 before consummating marriage online and upload supporting documents later after maybe 5 months  proofing that we have consummated our marriage, this is to avoid wasting more months ?

 

If you want to get denied, then yes. 

 

There are many ways to apply, get denied and waste the application fee.  This is one of them.