Spouse visa? K1? Cruiseship crewmember with tons of questions!

[arturobermudez 0]

Hello there,

 

I find myself a bit overwhelmed by the information I’ve come across online. So, Here’s my situation:

 

I met my partner while working together on a cruise ship. She’s a born-American citizen, and we’ve been together for two years now. We’re currently engaged. As for my job, I work for a cruise ship company, and it’s my primary source of income. I currently hold valid B1/B2 and C1/D visas for this purpose.

My main question is, if I apply for a K1 fiancé visa, will I still be able to work and travel outside my home country while the K1 visa application is in progress? This is my primary concern.

I came across information suggesting that once I obtain a K1 visa, my other visas will be automatically canceled.

 

Additionally, I’m curious about the process for obtaining a Spouse visa. Can I continue to work onboard with my existing visas while the Spouse visa application is in progress?

thanks for your time on reading me! 

[Mike E 11,739]

10 minutes ago, arturobermudez said:

My main question is, if I apply for a K1 fiancé visa

why K-1 and not CR-1?

 

10 minutes ago, arturobermudez said:

 

,

 

will I still be able to work and travel outside my home country while the K1 visa application is in progress? This is my primary concern.

Since a crew visa disallows I-485, logically yes. Once you file I-130 or I-129F, I would not be surprised if B visa is revoked

10 minutes ago, arturobermudez said:

I came across information suggesting that once I obtain a K1 visa, my other visas will be automatically canceled.

hmm. Where does it say that?

10 minutes ago, arturobermudez said:

 

Additionally, I’m curious about the process for obtaining a Spouse visa. Can I continue to work onboard with my existing visas while the Spouse visa application is in progress?

legally, yes

10 minutes ago, arturobermudez said:

 

thanks for your time on reading me! 

No worries

[Dashinka 24,493]

12 minutes ago, arturobermudez said:

Hello there,

 

I find myself a bit overwhelmed by the information I’ve come across online. So, Here’s my situation:

 

I met my partner while working together on a cruise ship. She’s a born-American citizen, and we’ve been together for two years now. We’re currently engaged. As for my job, I work for a cruise ship company, and it’s my primary source of income. I currently hold valid B1/B2 and C1/D visas for this purpose.

My main question is, if I apply for a K1 fiancé visa, will I still be able to work and travel outside my home country while the K1 visa application is in progress? This is my primary concern.

Yes, you should be able to use your current visas while the I129F is being processed.

12 minutes ago, arturobermudez said:

I came across information suggesting that once I obtain a K1 visa, my other visas will be automatically canceled.

I believe this is the case.  this may be an issue as once you enter the US with a K1, get married and apply for AOS, you will not be able to work, or re-enter the US until you get either the AP/EAD or GC.

12 minutes ago, arturobermudez said:

 

Additionally, I’m curious about the process for obtaining a Spouse visa. Can I continue to work onboard with my existing visas while the Spouse visa application is in progress?

thanks for your time on reading me! 

Yes, similar to the K1 route, but the spousal visa is far superior as the minute you enter the US with your valid spousal visa you are a GC holder/LPR.

 

Good Luck!

 

 

[Boiler 45,488]

If you go on the K1 you will not be able to leave to work your job for sometime.

[Crazy Cat 41,845]

***Topic moved to the What Visa Do I Need forum as OP is asking about both options****

 

Mod Hat Off-

 

May I offer this for your review, @arturobermudez :

 

Every couple has their own priorities, and each couple must decide which visa is better for their situation.

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
  K-1 entrant cannot file for citizenship until after having Green Card for 3 years.
  Once an I-129F has been approved, delaying the case is difficult to impossible if the need arises.

CR-1/IR-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.
  The clock for citizenship filing starts immediately upon entry to the US.
  A CR-1/IR-1 case can be delayed indefinitely at NVC if the need arises. 
   

 

 

[arturobermudez 0]

Thanks for your comments and help! 
I have been exploring different options and opinions and I heard about something called adjustment of status from my B1/B2 or C1/D visas. Have you guys heard about this process before?

[Chancy 6,241]

20 minutes ago, arturobermudez said:

I heard about something called adjustment of status from my B1/B2 or C1/D visas.

 

In your case, that would involve immigration fraud.  Don't do it.  K1 or CR1 are the legal options for you.

 

Edited September 14, 2023 by Chancy
clarification

[Mike E 11,739]

10 hours ago, arturobermudez said:

I heard about something called adjustment of status from my B1/B2 or C1/D visas. Have you guys heard about this process before?

 

On 9/6/2023 at 12:22 AM, Mike E said:

a crew visa disallows I-485

 

[arturobermudez 0]

On 9/5/2023 at 1:28 PM, Crazy Cat said:

***Topic moved to the What Visa Do I Need forum as OP is asking about both options****

 

Mod Hat Off-

 

May I offer this for your review, @arturobermudez :

 

Every couple has their own priorities, and each couple must decide which visa is better for their situation.

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
  K-1 entrant cannot file for citizenship until after having Green Card for 3 years.
  Once an I-129F has been approved, delaying the case is difficult to impossible if the need arises.

CR-1/IR-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.
  The clock for citizenship filing starts immediately upon entry to the US.
  A CR-1/IR-1 case can be delayed indefinitely at NVC if the need arises. 
   

 

 

Thank you for providing this information. If we initiate the K1 process, can it continue while I am on board? For instance, I'll start my contract in five days, and it's scheduled to conclude in March 2024. I hope this time onboard  can match with the visa bureaucracy times, allowing me to go straight to interviews once my contract concludes, eliminating any employment gaps.

[appleblossom 2,486]

5 minutes ago, arturobermudez said:

Thank you for providing this information. If we initiate the K1 process, can it continue while I am on board? For instance, I'll start my contract in five days, and it's scheduled to conclude in March 2024. I hope this time onboard  can match with the visa bureaucracy times, allowing me to go straight to interviews once my contract concludes, eliminating any employment gaps.

Do you mean work in the US? That won’t happen by March 2024. See the comparison chart above from Crazy Cat, as she says the EAD alone takes 6-8 months and you can’t apply for that until you’re on the US on your K-1 - current processing times for that here. https://egov.uscis.gov/processing-times/

 

If being able to work continuously is important to you, I’d definitely look at the CR1 instead. 

 

[arturobermudez 0]

40 minutes ago, appleblossom said:

Do you mean work in the US? That won’t happen by March 2024. See the comparison chart above from Crazy Cat, as she says the EAD alone takes 6-8 months and you can’t apply for that until you’re on the US on your K-1 - current processing times for that here. https://egov.uscis.gov/processing-times/

 

If being able to work continuously is important to you, I’d definitely look at the CR1 instead. 

 

I’d like to clarify my situation with this timeline:

 

    •    Currently, I’m using my B1 visa during my rehearsal period as a musician, which lasts until November 26th.
    •    imagine a hypothetical situation when Simultaneously, we’re initiating the K1 visa process as I start my contract. This involves filling out forms, waiting for responses, and handling NVC documentation and information delivery to the US embassy in my country.
    •    On November 26th, I’ll undergo a C1/D visa adjustment when I go onboard. (‘Cause that has been the bureaucracy always)
    •    Ideally, I’ll still be on board when the positive response from the US embassy comes in.
    •    After completing my contract, I’ll fly to Colombia for medical exams and an interview.
    •    When I return to the US next time, I’ll have my K1 visa, get married, and continue with the well-known process.

Is this plan feasible?

Thanks in advance

[Mike E 11,739]

6 minutes ago, arturobermudez said:

When I return to the US next time, I’ll have my K1 visa, get married, and continue with the well-known process.

You will not be able to work nor leave the U.S. 

 

Why are you attracted to a K-1 when a CR-1 lets you keep your job?

[appleblossom 2,486]

27 minutes ago, arturobermudez said:

    •    Ideally, I’ll still be on board when the positive response from the US embassy comes in.
   

 

Still on board before you finish in March 2024? If so, you are very unlikely to still be on board when your I-129 gets approved - will usually take a lot longer. 

Edited September 15, 2023 by appleblossom

[arturobermudez 0]

34 minutes ago, Mike E said:

You will not be able to work nor leave the U.S. 

 

Why are you attracted to a K-1 when a CR-1 lets you keep your job?

I understand I won’t be able to work nor leave the US if we opted for the K1. 
 

Mike, I would like to check the CR-1 option of course. Just take the previous hypothetical situation I described and replace it for the spouse visa instead the K1. Will still work for me? 

[arturobermudez 0]

19 minutes ago, appleblossom said:

 

Still on board before you finish in March 2024? If so, you are very unlikely to still be on board when your I-129 gets approved - will usually take a lot longer. 

Yes, my contract will finish in March 2024, so I can travel back to my country and wait for the approval. Remember this is just a hypothetical situation to analyze the options we have