CR1 or K1 ... and I-130 Question Beneficiary's Entry Info

[ChelseaW 8]

Hi all,

 

I have a theoretical question regarding CR1 Process and K1 Process, and regarding CR1 the I-130, Question 45 following.

 

Theoretical Question regarding foreign national currently living abroad and thinking about future with US citizen, living in the US:

I heard the K1 visa takes quite a while until you get employment authorization etc. afterwards. The CR1 however takes also a while, but once you enter the US, you can work etc. right away.

To my knowledge it is possible to use a visa waiver like ESTA, to go to the US and get married. I know it is not recommended to just stay in the US and file for adjustment of status.

 

What if you travel to US to get married to an US citizen, on visa waiver, leave the country to go back to your country/job/etc, but file I-130 together before leaving? 

Would you answer Form I-130 questions 46 following with "class of admission" "WT" and just copy the info from the I-94? Technically, you entered the country under visa waiver, got married, and would not overstay but return to your country.

Is this acceptable or are there any concerns with this, as it seems to be the most efficient way if both parties want to keep working etc. until paperwork is done ?

 

Thank you all,

 

CW

[Lil bear 4,210]

41 minutes ago, ChelseaW said:

Hi all,

 

I have a theoretical question regarding CR1 Process and K1 Process, and regarding CR1 the I-130, Question 45 following.

 

Theoretical Question regarding foreign national currently living abroad and thinking about future with US citizen, living in the US:

I heard the K1 visa takes quite a while until you get employment authorization etc. afterwards. The CR1 however takes also a while, but once you enter the US, you can work etc. right away.

To my knowledge it is possible to use a visa waiver like ESTA, to go to the US and get married. I know it is not recommended to just stay in the US and file for adjustment of status.

 

What if you travel to US to get married to an US citizen, on visa waiver, leave the country to go back to your country/job/etc, but file I-130 together before leaving? 

Would you answer Form I-130 questions 46 following with "class of admission" "WT" and just copy the info from the I-94? Technically, you entered the country under visa waiver, got married, and would not overstay but return to your country.

Is this acceptable or are there any concerns with this, as it seems to be the most efficient way if both parties want to keep working etc. until paperwork is done ?

 

Thank you all,

 

CW

Yes this completely acceptable. Being in the US as a visitor when the petitioner filed the I130 is fine. Your plan is good. Visit. Marry Return home before your required return date. 

[Dashinka 24,498]

40 minutes ago, ChelseaW said:

Hi all,

 

I have a theoretical question regarding CR1 Process and K1 Process, and regarding CR1 the I-130, Question 45 following.

 

Theoretical Question regarding foreign national currently living abroad and thinking about future with US citizen, living in the US:

I heard the K1 visa takes quite a while until you get employment authorization etc. afterwards. The CR1 however takes also a while, but once you enter the US, you can work etc. right away.

To my knowledge it is possible to use a visa waiver like ESTA, to go to the US and get married. I know it is not recommended to just stay in the US and file for adjustment of status.

 

What if you travel to US to get married to an US citizen, on visa waiver, leave the country to go back to your country/job/etc, but file I-130 together before leaving?
 

 

Would you answer Form I-130 questions 46 following with "class of admission" "WT" and just copy the info from the I-94? Technically, you entered the country under visa waiver, got married, and would not overstay but return to your country.

Is this acceptable or are there any concerns with this, as it seems to be the most efficient way if both parties want to keep working etc. until paperwork is done ?

 

Thank you all,

 

CW

It is perfectly legal to come to the US for a destination wedding with a USC, and leave to await the spousal visa process.  The foreign spouse can also visit during the process.  The only issue is the person has to convince CBP that they will actually leave, so they should bring evidence of their need to return after the wedding/visit.  What is not legal is to enter the US on a B2/VW with preconceived plans to stay.  

 

As to CR1/IR1 vs K1, I am in the CR1/IR1 camp.  It is a far superior visa, less costly, and avoids the long wait and stress of waiting to get the work authorization, advanced parole and GC.

 

Good Luck!

[SalishSea 17,829]

2 hours ago, ChelseaW said:

Hi all,

 

I have a theoretical question regarding CR1 Process and K1 Process, and regarding CR1 the I-130, Question 45 following.

 

Theoretical Question regarding foreign national currently living abroad and thinking about future with US citizen, living in the US:

I heard the K1 visa takes quite a while until you get employment authorization etc. afterwards. The CR1 however takes also a while, but once you enter the US, you can work etc. right away.

To my knowledge it is possible to use a visa waiver like ESTA, to go to the US and get married. I know it is not recommended to just stay in the US and file for adjustment of status.

 

What if you travel to US to get married to an US citizen, on visa waiver, leave the country to go back to your country/job/etc, but file I-130 together before leaving? 

Would you answer Form I-130 questions 46 following with "class of admission" "WT" and just copy the info from the I-94? Technically, you entered the country under visa waiver, got married, and would not overstay but return to your country.

Is this acceptable or are there any concerns with this, as it seems to be the most efficient way if both parties want to keep working etc. until paperwork is done ?

 

Thank you all,

 

CW

Not just not recommended, but fraudulent.   You already have immigrant intent.   Your choices are K-1 with AOS, or CR-1, regardless of whether the marriage takes place in the US or elsewhere.

[pushbrk 12,883]

11 hours ago, ChelseaW said:

Hi all,

 

I have a theoretical question regarding CR1 Process and K1 Process, and regarding CR1 the I-130, Question 45 following.

 

Theoretical Question regarding foreign national currently living abroad and thinking about future with US citizen, living in the US:

I heard the K1 visa takes quite a while until you get employment authorization etc. afterwards. The CR1 however takes also a while, but once you enter the US, you can work etc. right away.

To my knowledge it is possible to use a visa waiver like ESTA, to go to the US and get married. I know it is not recommended to just stay in the US and file for adjustment of status.

 

What if you travel to US to get married to an US citizen, on visa waiver, leave the country to go back to your country/job/etc, but file I-130 together before leaving? 

Would you answer Form I-130 questions 46 following with "class of admission" "WT" and just copy the info from the I-94? Technically, you entered the country under visa waiver, got married, and would not overstay but return to your country.

Is this acceptable or are there any concerns with this, as it seems to be the most efficient way if both parties want to keep working etc. until paperwork is done ?

 

Thank you all,

 

CW

Your plan is good.  Note the instruction that appears between 45 and 46a.  If the beneficiary has already left the USA, you do not answer those questions, but you pick it up at 47.

[ChelseaW 8]

Thanks, you all for the helpful replies!

 

19 hours ago, pushbrk said:

Your plan is good.  Note the instruction that appears between 45 and 46a.  If the beneficiary has already left the USA, you do not answer those questions, but you pick it up at 47.

So assuming you'd be around, fill out I-130 together after the wedding, you'd truthfully answer questions 46a - d, and you could just state in the additional information section that the beneficiary was visiting on a visa waiver and will leave country on mm/dd/yyyy to return to their job and current residence? USCIS would see later on when reviewing that said beneficiary has left like stated. Makes no sense to stick around and commit fraud if you have a life/job/apartment/responsibilities somewhere else, right? Or are there any other things to be mindful of here ?

[pushbrk 12,883]

43 minutes ago, ChelseaW said:

Thanks, you all for the helpful replies!

 

So assuming you'd be around, fill out I-130 together after the wedding, you'd truthfully answer questions 46a - d, and you could just state in the additional information section that the beneficiary was visiting on a visa waiver and will leave country on mm/dd/yyyy to return to their job and current residence? USCIS would see later on when reviewing that said beneficiary has left like stated. Makes no sense to stick around and commit fraud if you have a life/job/apartment/responsibilities somewhere else, right? Or are there any other things to be mindful of here ?

Be sure to answer the question about where the beneficiary will adjust status, as NOT APPLICABLE and enter the Consulate location as the answer to the next question.

[Minkybear 8]

 

On 9/24/2023 at 12:56 PM, ChelseaW said:

What if you travel to US to get married to an US citizen, on visa waiver, leave the country to go back to your country/job/etc, but file I-130 together before leaving? 

Would you answer Form I-130 questions 46 following with "class of admission" "WT" and just copy the info from the I-94? Technically, you entered the country under visa waiver, got married, and would not overstay but return to your country.

Is this acceptable or are there any concerns with this, as it seems to be the most efficient way if both parties want to keep working etc. until paperwork is done ?

 

 

 

My husband and I did this, we were approved at the UCSIS stage in July. Just posting our experience: we actually filed the form while I was still visiting and present in the US on my ESTA, and I left a couple of weeks after that. We answered 46a. with WT as that is what was written in my passport, we left 46b. blank (as we didn't know where to get the I-94 information from), and then we answered 46c with my date of entry, and 46d with the end date of the ESTA visit that was stamped in my passport. We had no issues with giving these answers and were approved without an RFE. We also uploaded unsolicited evidence after filing with my boarding pass to show I had returned, and my husband's boarding passes from when he visited me in the UK a few months later and for our honeymoon together (I don't know if this helped, but we wanted to prove that I had returned before my ESTA had run out).

[ChelseaW 8]

On 9/25/2023 at 9:38 PM, pushbrk said:

Be sure to answer the question about where the beneficiary will adjust status, as NOT APPLICABLE and enter the Consulate location as the answer to the next question.

Seen this and will do. I read the Consulate we can choose, which means we don't necessarily get it, but it's worth a try, so obviously I'll pick the closest one to me, in my home country. They are processing immigrant visa there.

 

 

On 9/25/2023 at 9:40 PM, Minkybear said:

 

 

My husband and I did this, we were approved at the UCSIS stage in July. Just posting our experience: we actually filed the form while I was still visiting and present in the US on my ESTA, and I left a couple of weeks after that. We answered 46a. with WT as that is what was written in my passport, we left 46b. blank (as we didn't know where to get the I-94 information from), and then we answered 46c with my date of entry, and 46d with the end date of the ESTA visit that was stamped in my passport. We had no issues with giving these answers and were approved without an RFE. We also uploaded unsolicited evidence after filing with my boarding pass to show I had returned, and my husband's boarding passes from when he visited me in the UK a few months later and for our honeymoon together (I don't know if this helped, but we wanted to prove that I had returned before my ESTA had run out).

That's good news! I know where to get the I-94 from, online, so I think that will be fine and we will submit the boarding pass later on, then, too, but I mean, they can see it in your I-95 history as well, which I'm sure they are checking..

 

May I ask how long it took you, since it seems comparable (US citizen living in the US filing for a European living abroad ?)

[Minkybear 8]

1 hour ago, ChelseaW said:

May I ask how long it took you, since it seems comparable (US citizen living in the US filing for a European living abroad ?)

It took 150 days from filing to USCIS approval, but this is abnormally fast. I think the average seems to be about 1 year at this stage, and from what I gather, the beneficiary's country has no influence on this stage. My interview is scheduled for November, so it would be 269 days start to finish. How fast the NVC/Consulate part goes really depends on how quickly you get all your documents together, how fast the NVC are taking to look at them and whether they request more evidence (that only took us 9 days, which is super fast), and how backlogged your consulate is (luckily London is fast, but I hear some have years worth of backlog).

 

Hoping for a smooth process for you when the time comes 🤞

[pushbrk 12,883]

2 hours ago, ChelseaW said:

Seen this and will do. I read the Consulate we can choose, which means we don't necessarily get it, but it's worth a try, so obviously I'll pick the closest one to me, in my home country. They are processing immigrant visa there.

 

 

That's good news! I know where to get the I-94 from, online, so I think that will be fine and we will submit the boarding pass later on, then, too, but I mean, they can see it in your I-95 history as well, which I'm sure they are checking..

 

May I ask how long it took you, since it seems comparable (US citizen living in the US filing for a European living abroad ?)

There is a maximum of one Immigrant Visa Unit in any country.  Whatever Consulate you choose in your country will be changed to the right one of you choose one without an IV unit.

 

Google I-94 online.

[ChelseaW 8]

Hey, thank you for the answers.

Conveniently enough I know the one closest to me is also the one processing immigrant visa. They are not backlogged horribly either, at least from what I heard from other people's experience.

 

So it's the USCIS stage that I think will take longest.

Does anyone know if active military status plays a role in processing times (apart from the military stationed abroad I mean, I know they can file differently and get expedited processing in many cases)

 

[SalishSea 17,829]

7 hours ago, ChelseaW said:

Hey, thank you for the answers.

Conveniently enough I know the one closest to me is also the one processing immigrant visa. They are not backlogged horribly either, at least from what I heard from other people's experience.

 

So it's the USCIS stage that I think will take longest.

Does anyone know if active military status plays a role in processing times (apart from the military stationed abroad I mean, I know they can file differently and get expedited processing in many cases)

 

No.

[ChelseaW 8]

Okay, you guys have been really helpful so far. I did some more reading and encountered one more question.. since the search function did not really help me, or was more about the "Adjustment of Status" cases from within the US, which is not what would the case here:

 

..If you file I-130 with beneficiary still living abroad, when does the sponsor file I-864? Is this required at the "consulate stage" of the process, or should it be filed concurrently with I-130 ..? I can't seem to find too much info, most is in regard to AOS, which is a different process.

[Crazy Cat 41,855]

3 minutes ago, ChelseaW said:

Okay, you guys have been really helpful so far. I did some more reading and encountered one more question.. since the search function did not really help me, or was more about the "Adjustment of Status" cases from within the US, which is not what would the case here:

 

..If you file I-130 with beneficiary still living abroad, when does the sponsor file I-864? Is this required at the "consulate stage" of the process, or should it be filed concurrently with I-130 ..? I can't seem to find too much info, most is in regard to AOS, which is a different process.

The I-864 is filed at the NVC stage.