Re-applying on a different visa - K1 to CR1

[Claire B 8]

Hello. Looking for advice. I am currently in the US on a K1 visa. I sent all the AOS paperwork 2 weeks ago. I now have a major crisis in my home country and I have to go back as soon as possible. I know if I leave the country I abandon my AOS but once I’ve sorted out my issues at home, would I be able to reapply in the future for a CR1 visa? It wouldn’t affect my re-entry in the future? Also, can this be done from within the US or from my home country. I’m fine with either.  Expedited travel permit won’t come quick enough so that’s not an option for me. 

[Lil bear 4,064]

45 minutes ago, Claire B said:

Hello. Looking for advice. I am currently in the US on a K1 visa. I sent all the AOS paperwork 2 weeks ago. I now have a major crisis in my home country and I have to go back as soon as possible. I know if I leave the country I abandon my AOS but once I’ve sorted out my issues at home, would I be able to reapply in the future for a CR1 visa? It wouldn’t affect my re-entry in the future? Also, can this be done from within the US or from my home country. I’m fine with either.  Expedited travel permit won’t come quick enough so that’s not an option for me. 

Yes you can do this but it will be processed with you living in your home country.  Expect up to 2 years from when you apply to when you enter the US  on your spouse visa. Your will be a LPR immediately on entry and can work travel etc from day 1.  You cannot enter the US on a tourist visa with the intent to stay there and adjust  status. You are now married so going through K 1 again is not an option

 

Edited October 16, 2023 by Lil bear

[Ontarkie 14,133]

Once you get your receipt you can try to get emergency AP, this is not the same as an expedite AP, but it would have to qualify as an emergency. 

You don't mention what the crisis back home is, but if there is a way that you can handle it from the US do that. Two years to be able to come back on a spousal visa would be rough and there is no guarantee you would be allowed to visit during that time.

[SalishSea 17,464]

11 hours ago, Claire B said:

Hello. Looking for advice. I am currently in the US on a K1 visa. I sent all the AOS paperwork 2 weeks ago. I now have a major crisis in my home country and I have to go back as soon as possible. I know if I leave the country I abandon my AOS but once I’ve sorted out my issues at home, would I be able to reapply in the future for a CR1 visa? It wouldn’t affect my re-entry in the future? Also, can this be done from within the US or from my home country. I’m fine with either.  Expedited travel permit won’t come quick enough so that’s not an option for me. 

You will be presumed to have abandoned your AOS process if you leave without parole.   
 

If your spouse petitions you for a CR-1 while you’re home, you could potentially visit on ESTA, subject to CBP- but being that you had clear, recent immigrant intent, that may not be feasible.   You certainly cannot live in the US whilst the CR-1 is pending.