My K1 status wife will leave; questions on CR1 or K3 return

[USAmale 1]

Friends:

My K1 status wife and I have pretty much decided to take a break on things; we are both very confused about our feelings in many ways, and she does NOT want me to adjust her status at this point. She wants to return to her home country in the very near future.

Assuming that we do resolve things between us, here are the questions about her ability to come back to the US either to visit or to live with me again:

We were married here in the US, four months ago. If she leaves now with unadjusted status, would we apply in the future for a :

K3 visa

or a

CR-1?

Is either likely to be approved easily given that we were legitimately married in the US, and what are realistic approval times?

Thank you in advance for your help; this info will help us in the decision that we make about her leaving.

USAmale

[trojam227 18]

You would apply for IR1/CR1...the K3 is taking just as long if not longer and is considered obsolete. Can you guys get some marriage therapy before she decides to leave?

[USAmale 1]

Trojam227:

I am now considering trying some sort of therapy, but my wife is completely stressing me out at this point and I am almost beyond hope. Her teenage daughter left last weeek and returned to her home country; in a private discussion that I had with her, she told me that ''my mom is crazy, I can't live with her ever again, and she needs therapy really bad!"

Right now I am just trying to calm the situation down, explore the options, and simply take a break from it and see if we can possibly work out our problems in the future.

Any idea on rough approval times on a CR1, given that we were married here in the US?

Thanks in advance for your help..

[trojam227 18]

It takes close to a year for the entire process, and that is if everything goes smooth. Marriage is tough but the whole point is to try and stick it out even in the bad times. Talk to her and let her know how serious this is...immigration is no joke. Try to understand that she is also having adjustment issues and probably not herself right now. Talk....good luck

[Penguin_ie 5,985]

Marrying in the US and the previous K1 approval won't make things any faster for your CR-1, it'll take close to a year.

You say it's been 4 months since you married, but how long since she entered the USA? If she stays much longer, she may get a ban for overstaying her visa if she leaves the USA.

[Kazulie 132]

Trojam227:

Any idea on rough approval times on a CR1, given that we were married here in the US?

Could be anywhere from 7-11 months. Under normal conditions.

[USAmale 1]

Marrying in the US and the previous K1 approval won't make things any faster for your CR-1, it'll take close to a year.

You say it's been 4 months since you married, but how long since she entered the USA? If she stays much longer, she may get a ban for overstaying her visa if she leaves the USA.

Thanks, she entered on December 28th, and we were married on March 4th. I spoke with USCIS yesteryday about the situation, and they didn't mention anything about a possible ban, just that she needed to do a 485 and 765 to adjust her status and be eligible ot work.

At this point, I don't know if she can even fly here in the US without a problem...any ideas on that?

thanks,,

[trojam227 18]

She could possibly run into problems trying to come over as a visitor. She's married to a USC and will be viewed as likely to overstay. A risk I wouldn't take after a long plane journey and airfare, then a possible ban.

[USAmale 1]

Thanks for your input; at this point I am kind of at a loss...I guess that in the future if I re-applied I would have to attend the interview and honesly explain everything that was going on such as problems in the home with the daughter, my working two jobs to support everybody, and hope for some understanding of the dificulties that we were going through..

[Penguin_ie 5,985]

Th I-485 would have been if she stayed in the USA. Once she leaves, a new (spousal) visa needs to be petitioned for. Similarly, the ban would only be if she overstayed 90+180 days, and then leaves the USA after that.

[USAmale 1]

ok, so we have been married for four months now with unadjusted status, so that gives us a bit of time to decide our next step?

thanks,

[Sayha or bust. 71]

Thanks, she entered on December 28th, and we were married on March 4th. I spoke with USCIS yesteryday about the situation, and they didn't mention anything about a possible ban, just that she needed to do a 485 and 765 to adjust her status and be eligible ot work.

At this point, I don't know if she can even fly here in the US without a problem...any ideas on that?

thanks,,

Be cheaper to go to a therapy, there are free agency that a lot of your work places offer this kind of help then go through the Visa process again. Whats going to change a year or two down the line? By the sounds of your post your a grown adult,what's your mom has to do with this relationship? Do you still live with her? I'm not trying to be judgmental but your wife and children come first. I've had to set the record straight with my parents during my visa process and after my wife and her 2 children came to the state's over how and what I should be doing. I have 3 boys of my own that live with me and mixing her 2 kids in the bunch wasn't easy. They clashed and sometimes didn't get along but over the last 16 months with some tough love and parenting skills were just like any other family in America.

Didn't mean to write essay or tell ya my life story but I wanted to convey to you ,it's not easy! I hate to see people like you go through this heartache of a process then shoot it down the tubes. Best of luck man!

[USAmale 1]

I am sorry,,,but my mother does not live with me..I have my own house...my wife's daughter was living with us, and told me that she can't live her HER mother (my wife) any more, and that HER mother (my wife) ''needs therapy"...So one big distraction that I have been dealing with in my home was the conflict between my wife and her own teenage daughter, both of whom I sponsered to come here.

[Sayha or bust. 71]

I am sorry,,,but my mother does not live with me..I have my own house...my wife's daughter was living with us, and told me that she can't live her HER mother (my wife) any more, and that HER mother (my wife) ''needs therapy"...So one big distraction that I have been dealing with in my home was the conflict between my wife and her own teenage daughter, both of whom I sponsered to come here.

My bad, half a sleep when I read your post , I wish I could edit half of what I wrote. Does she want to fly home now to be with her daughter? I think with the daughter back home this perfect timing for you to hash things out and figure out what is best for her and her daughters relationship. My wife's children were 15 and 13 when they came here, not an easy age for the big changes in there life but they never took it out on me or their mother.

Be strong and your dedication and love will pull you though these trying times.

Edited July 7, 2012 by Sayha or bust.

[USAmale 1]

Sayha:

You have asked a good question: "does she want to fly home to be with her daughter"?. She says that she wants to return home to be among her family and friends,,this is as of yesteryday. As soon as the daughter gets into more trouble (which she is absolutely determined to do) I am sure that my wife will want to fly home immediately, in a complete panic.

So even if I apply to adjust her status right now, it is quite possible that she would feel compelled to rush back to her home country to deal with the latest crisis that her troubled teenage daughter creates.

This is why I am asking the questions about a possible CR-1; if we just calmly agree for her to return to her home country now and deal with things, sort out her feelings etc, it might be the best solution for all concerned...

I am just exploring all options..

Thanks again,