Want to cancel K1 visa and apply for CR1 visa

[D+K 0]

Hello,

 

I am the US petitioner for my Irish Fiancé. We submit our K1 visa packet on January 26, 2018 and received the first notice that the package was received on February 5, 2018. We have been waiting patiently since. Then, in the last month, I was let go from my job of three years and am now unemployed. My first reaction is to get a new, steady job in order to prove my financial stability for the next phase of the K1 visa.

 

Now, I am wanting to use this new freedom to travel to Ireland and marry my fiancé there so that we can be together ASAP. This would require us canceling our K1 visa and then applying for a CR1. My hope is that I would be able to live and work in Ireland with my fiancé while the CR1 is processing to eventually return to the states. Has anyone heard of this happening successfully? What concerns may this raise? I am afraid that this will complicate things too much to be worth it, but I have a strong desire to spend time in Ireland with my fiancé and his family as well as just being together while we wait out processing times.

 

Any advice would be great. Thank you!

[JFH 12,189]

No problem at all with your plan except you will need to research the visa requirements for Ireland to see what is required for you to live there. It likely won't just be a case of buying a ticket and going. 

[Crazy Cat 39,192]

Your plan has some solid benefits in my opinion.  Your CR-1 spouse will enter the US with some immediate advantages over entering as a K-1 fiance.  As a CR-1 spouse, he will immediately be granted LPR status, and he will receive his conditional Green Card and Social Security card within a few weeks of arrival.   No AOS will be required, he will be immediately authorized to work, and he can immediately travel outside the US if he wants.  All in all, the CR-1 is superior to the K-1 imo.  As far as US immigration is concerned, your change in plans will not cause any concerns.

Edited April 22, 2018 by missileman

[Loren Y 2,731]

From the Ireland immigration webpage. If you plan on working there.

 

Apply for immigration permission to work

You must apply for and receive immigration permission to work in Ireland before you apply for a visa.

You must have a job offer or employment contract to apply. Permission will only be granted for work that is highly skilled or where there is a skill shortage in Ireland.

You will not be allowed to work in Ireland if you do not get immigration permission.

Apply for an Employment Visa

After you receive permission to work, apply for a long stay Employment Visa. All long stay visas are also called 'D' visas.

You will not be allowed to come to Ireland without a visa.

[D+K 0]

29 minutes ago, missileman said:

Actually, your plan has some solid benefits in my opinion.  Your CR-1 spouse will enter the US with some immediate advantages over entering as a K-1 fiance.  As a CR-1 spouse, he will immediately be granted LPR status, and he will receive his conditional Green Card and Social Security card within a few weeks of arrival.   No AOS will be required, he will be immediately authorized to work, and he can immediately travel outside the US if he wants.  All in all, the CR-1 is superior to the K-1 imo.  As far as US immigration is concerned, your change in plans will not cause any concerns.

Thank you for this response! This is positive news.

Do you know if the two of us would be able to travel to the states together during the processing of the CR-1 while we are living in Ireland?

[Loren Y 2,731]

I would say you can tourist visa it for the 90 days, but you have to prove ability to support yourself for 3 months and have a return ticket on entry, and it looks like they are being kinda strict to US passport holders. But check out the website with the link below. seems pretty easy to navigate, and has some good information.

 

Visit the Embassy of Ireland’s website for the most current visa information.

• You must have a valid passport to enter Ireland, but U.S. citizens can enter visa-free for tourism or business stays of up to three months.
• There is no minimum passport validity for U.S. citizens entering Ireland. We recommend you have a passport that is valid for the duration of your stay, evidence of sufficient funds to support your stay in Ireland, and a return airline ticket.
• An increased number of U.S. citizens have been refused entry or granted a limited stay because they failed to demonstrate their travel intent to Irish immigration officials at the Port of Entry. You may be asked to provide evidence of sufficient funds to support your stay in Ireland regardless of your purpose of travel. For any travel other than tourism, please ensure you obtain the appropriate documentation prior to travel. You can find more information at the Irish Naturalization and Immigration Service website or by contacting your nearest Irish Embassy or Consulate in the United States.

[Loren Y 2,731]

8 minutes ago, D+K said:

Thank you for this response! This is positive news.

Do you know if the two of us would be able to travel to the states together during the processing of the CR-1 while we are living in Ireland?

Ireland is a ESTA eligible country, so should be no problems coming to the US. Not sure if having a K1 or CR1 on file will show up when your fiancee enters from Ireland, but I have seen plenty of threads where they can visit.

 

Ireland is part of the Visa Waiver Program, which enables citizens of Ireland to travel to the United States without a visa. On January 12, 2009, ESTA (the Electronic System for Travel Authorization) became a requirement of the Visa Waiver Program. ESTA is an application system for all travelers from Visa Waiver Countries, including Ireland. The Visa Waiver Program has simplified travel to the United States for millions of visitors by only requiring a machine readable passport. Now, due to heightened security regulations, the same visitors must apply for a Travel Authorization (ESTA) in advance. As always, a machine-readable or e-passport from a Visa Waiver country is still required to gain admittance into the country. The entire ESTA application process is conducted online and operated by the U.S. Department of Homeland Security (DHS).

[Crazy Cat 39,192]

14 minutes ago, D+K said:

Thank you for this response! This is positive news.

Do you know if the two of us would be able to travel to the states together during the processing of the CR-1 while we are living in Ireland?

Of course only US citizens are guaranteed entry to the US, but MANY people successfully visit the US during the CR-1 process.

[Ryan H 3,790]

Moved from Progress Reports to Process and Procedures. 

[pushbrk 12,094]

4 hours ago, missileman said:

Your plan has some solid benefits in my opinion.  Your CR-1 spouse will enter the US with some immediate advantages over entering as a K-1 fiance.  As a CR-1 spouse, he will immediately be granted LPR status, and he will receive his conditional Green Card and Social Security card within a few weeks of arrival.   No AOS will be required, he will be immediately authorized to work, and he can immediately travel outside the US if he wants.  All in all, the CR-1 is superior to the K-1 imo.  As far as US immigration is concerned, your change in plans will not cause any concerns.

Except the USC petitioner will need a joint sponsor for the affidavit of support, if they have no job in the US.  CAN be a HUGE factor for some folks. 

 

Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

Edited April 23, 2018 by pushbrk

[D+K 0]

7 hours ago, pushbrk said:

Except the USC petitioner will need a joint sponsor for the affidavit of support, if they have no job in the US.  CAN be a HUGE factor for some folks. 

 

Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

Thank you for pointing this out - it is another issue I'm slightly worried about. Are you saying this could be a huge factor for some because even with a joint sponsor it is difficult to achieve? Or it is difficult for some to find a joint sponsor?

 

Thank you

[Quinton1980 15]

Looking at this site, in order for you to work and live in Ireland, being married, you are looking at around 5 months for permission.  You do not have the automatic right to live there, so at some point you will have to go back to the US.  Guess you have to weigh how much time you have left on your K1 application, with how much time it will be for you to gain the right to live and work in Ireland.  Essentially, you would cancel the K1, wait another 5 months to have the right to live and work in Ireland, restart the CR1, so it will probably be 2 years or more before you and your partner will be back in the States, if you start today.  At that point, maybe you should make Ireland your home.  

 

In my humble opinion, you should just stay the course.

 

http://www.inis.gov.ie/en/INIS/Pages/Current_Processing_Times

Edited April 23, 2018 by Quinton1980

[PaddyGirl13 75]

Also bare in mind you have to give 3 months notice, in person, of intent to marry in Ireland. My hubby and I went to Scotland (I'm Irish, him US citizen) as you can give notice remotely and show up in person 1 day before the wedding. We 'eloped' to Gretna Green for a quickie wedding and honeymooned in the Highlands after.

[pushbrk 12,094]

3 hours ago, D+K said:

Thank you for pointing this out - it is another issue I'm slightly worried about. Are you saying this could be a huge factor for some because even with a joint sponsor it is difficult to achieve? Or it is difficult for some to find a joint sponsor?

 

Thank you

Whether a qualified joint sponsor is difficult to achieve depends on who you might have available to ACT as a joint sponsor.  If you don't have one, then find a job.  It really IS that simple.

[D+K 0]

On 4/23/2018 at 7:10 AM, PaddyGirl13 said:

Also bare in mind you have to give 3 months notice, in person, of intent to marry in Ireland. My hubby and I went to Scotland (I'm Irish, him US citizen) as you can give notice remotely and show up in person 1 day before the wedding. We 'eloped' to Gretna Green for a quickie wedding and honeymooned in the Highlands after.

This is a fantastic idea. I brought this idea to my fiancé and think we may take a similar route... do you have any advice or general timeline ideas for this? Was everything relatively smooth for you? Did it cause any issues with him residing in Ireland after?

 

Thank you! Any info helps!