CR-1 vs K-1

[MissKateJ 0]

Hi, so some background history I have been with my partner for over two years I have spent around 10 months in the country on various VWP visas, I am unsure as to how to more forward from here I am planning on entering the US on the VWP in early 2012 I do not have any intentions on getting married, I would need a proposal first but Im sure that at some point in the future that will be the route that we take, I am curious as to any opinions on the best way to go about it because the whole process is really intimidating.

Also if anyone has any information on what the paths are if i did end up getting married while on the VWP, because if he asks me Im not in the position to say no, its what I want but I also don't want to go about things in a way that will further hurt our situation.

Thanks

[canadian_wife 1,831]

http://www.visajourney.com/content/compare

Take a look at the guide. Getting engaged on the WVP is not illegal nor would it complicate any situation

Good luck

[MissKateJ 0]

It seems like the CR-1 would be the best way to go, I presume that they would be hesitatant to allow entry to the country on the VWP if they were aware that it was to get married even if the intention was to leave and file the CR-1?

Would it be safe to say that, that would be something best left out of my conversations with immigration? I dont really want to lie but in circumstances where assume the worst is involved I would like to avoid getting turned away at point of entry.

I think I will go ahead with my trip because at this point it is nothing more then a visit and I have never had trouble at the POE the previous 4 times I have been and see how it turns out from there.

[canadian_wife 1,831]

NOthing illegal about going to the US to get married and then leave. The trouble may lie in convincing the CPB that you do, in fact, plan on leaving. Unless specifically asked, no need to tell them. Never lie, obviously with so many trips to the US you have someone special there you are going to see, but if asked then yes, tell them the truth

Good luck

[Kokonut 2]

NOthing illegal about going to the US to get married and then leave. The trouble may lie in convincing the CPB that you do, in fact, plan on leaving. Unless specifically asked, no need to tell them. Never lie, obviously with so many trips to the US you have someone special there you are going to see, but if asked then yes, tell them the truth

Good luck

I was looking for an answer to this. What should I tell the security officer at the airport? According to information I've found, they have a record of my visas. I have a pending K-1 which will probably be canceled soon to change to IR/CR1 visa.(Because my fiance will visit me in a month and get married in my home country, start CR1 process)

Lawyer confirmed that going to the States with a tourist visa is not illegal or anything. But I have to tell them everything which doesn't sound very safe.

Now you're saying I don't NEED to tell them? I assume when they see my visa history, they'll get suspicious about why I'm trying to come to the States. Wouldn't that be a case of being questioned of my intent?

All I can show them will be my round trip ticket. I won't be employed by then. What should I show them to prove that I will leave after the ceremony?

This is really driving me nuts...

[ndu26 114]

yes they are looking at your record right there but DO NOT offer such info about your intent when it is not requested. Like the other member said whie you may be telling the truth, the Real challenge is CONVINCING whoever is listening to you.

[KLS2010 30]

I was unsure which way to go either initially. Everyone's situation is different - but if you want my recommendation on which way to go if/when the idea of marriage comes up - then it is to go CR1. Yes it may take a little while longer initially (and by a little while I mean a matter of weeks to maybe 2mths), but in the end it is much cheaper and more straightforward to do CR1.

If you go CR1 - it will take probably around 8 or 9mths in most cases - give or take a month or two depending on how quickly your petition is approved, how prepared you are for the NVC etc. But once you are in the US you will be a Conditional Permanent Resident immediately - which allows you to work straight away. The next time you will have to deal with immigration is nearly 2yrs after you are granted residency - this is the Removal of Conditions - and if approved you will be given a 10yr Green Card.

Alternatively - if you go K1, you may make it to the States in around 6 or 7mths - again give or take. But once here you will then have to get married within 90days then file Adjustment of Status. I'm a little hazy on the timeframe for this as I haven't had to do it - but from what I have read here on VJ - I think that can take around 3mths or more. In that time you will not be able to work, and can't leave the country as you will be deemed to be abandoning the process for your Green Card (unless I believe you apply for and are granted Advance Parole). And I would imagine that you will also have to file Removal of Conditions two years after you are granted residency.

Now...as to getting engaged/married while on a VWP - no problems there. I myself got married while on a VWP, and then left 2 weeks later. I returned to the US 4mths later for a 90day stay during which time my husband filed the I-130 for me, then I left at the end of my 90day stay and waited out the rest of the visa processing in Australia. I had no problem getting into the US on the VWP even though I was married to a US Citizen - however I believe your chances lie in how you answer the CPB officers. I'm not saying lie - but I am saying do not give them any more information than they ask for. You said yourself - at this stage this will still be just a visit, your not engaged yet - so I don't see any problem.

[Ryan H 3,925]

In that time you will not be able to work, and can't leave the country

True regarding work unless issued an Employment Authorization Document (EAD) which allows an individual to work while there AOS pending.

True also regarding can't leave the country unless granted Advanced Parole (AP)(which you mentioned in your original post).

When AOS is filed for, an EAD and AP can be filed for at the same time (and for no additional fee). It's important to note that it takes many weeks or months before such documentation is issued. In a few cases, AOS was approved before an EAD was issued and AP granted (approved AOS trumps both).

[KLS2010 30]

True regarding work unless issued an Employment Authorization Document (EAD) which allows an individual to work while there AOS pending.

True also regarding can't leave the country unless granted Advanced Parole (AP)(which you mentioned in your original post).

When AOS is filed for, an EAD and AP can be filed for at the same time (and for no additional fee). It's important to note that it takes many weeks or months before such documentation is issued. In a few cases, AOS was approved before an EAD was issued and AP granted (approved AOS trumps both).

This is probably what I have read to make me think that most people that enter on a K1 can't work until they get their AOS approved.

Thanks for the clarification!