Need advice on cr1/k1/vwp questions

[FrozenGlitter 1]

Hi, I'm a US citizen. My fiance lives in the UK. We want to know which route is the best to take...I am currently waiting for my divorce (to another US citizen) to be finalized, which adds time and confusion to everything. he and I could wait until I am divorced and then start the K1 process, but as that takes awhile we were curious how the cr1 thing works. Could he marry me in the US, on a visit (under the 90 days from the vwp) once my divorce is complete, and then stay here with me while we apply for a cr1 visa? Would he have to go back if we married that way?

Also, since he is currently visiting me, if he didn't return on his return ticket, but stayed longer (since he is still well within his 90 days), and then married me once I was free to do so (still during that 90 days of course) could we then apply for the cr1?

Sorry if this is confusing. I'm just desperate for some answers on the best, fastest, more legal route to take to allow us to be together.

Thanks so much for any/all advice.

[Xanax 349]

CR-1 :

He would have to go back to the the UK for his interview at the least and generally the medical -though I think he can do that in the US. CR-1 takes 7-10 months to be approved. above and you will fully understand the difference between the CR-1 and K-1.

If your husband enters with a CR-1 he is immediately a LPR which is the main benefit (so there is no adjustment of status needed).

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Either way... you have to be free to marry to marry or send the K-1 petition so your divorce has to be final. You can send the K-1 as soon as you are free to marry but the CR-1 you'll need to apply for a licence, marry and then file the CR-1.

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You are lucky that you have the VWP to use. Your fiance or husband can visit for upto 90 days at a time. It is best not to overstay the VWP because then you cannot use it anymore.

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If your fiance had no plan to stay you could look at the AOS option as well. , but is generally not recommended as it is expensive, there is no appeal from VWP if denied, your husband won't be able to do anything much while he is waiting (work,get an Ssn, so many things...) for AOS approval, but it is an option to look at.

Edited August 19, 2012 by Xanax

[Xanax 349]

- I couldn't edit anymore (LOL) but I wanted to add:

None of these routes are fast and at the very least you are looking at months, close to a year possibly.

Immigration unfortunately is not a fast process in the US and now with the Presidents work permit processing for young illegal immigrants some are predicting longer waits for petition approvals.

[Moomin 292]

Hi, I'm a US citizen. My fiance lives in the UK. We want to know which route is the best to take...I am currently waiting for my divorce (to another US citizen) to be finalized, which adds time and confusion to everything. he and I could wait until I am divorced and then start the K1 process, but as that takes awhile we were curious how the cr1 thing works. Could he marry me in the US, on a visit (under the 90 days from the vwp) once my divorce is complete, and then stay here with me while we apply for a cr1 visa? Would he have to go back if we married that way?

Also, since he is currently visiting me, if he didn't return on his return ticket, but stayed longer (since he is still well within his 90 days), and then married me once I was free to do so (still during that 90 days of course) could we then apply for the cr1?

Sorry if this is confusing. I'm just desperate for some answers on the best, fastest, more legal route to take to allow us to be together.

Thanks so much for any/all advice.

Technically you could marry and file cr-1 from within the country. But staying and adjusting status? No. This is due to the fact you're asking even before he has left UK. One cannot enter the US with intentions of staying(also called immigrant intent). One can, however, enter the US, marry, submit cr-1(i-130) while you're together and spend the time together until his lawful stay is up(usually 90 days when entering through VWP). That way, you eliminate the first couple of months waiting apart.

If you're planning on visiting each other anyways, I'd suggest that route(this coming from one who went through the K1 process). He will have to go back to UK for medical, interview and gathering the required documents for the interview.

A reminder though; look into your state laws when it comes to being free to marry again after your divorce is final.

[Xanax 349]

Oh- yes I thought he was already in the US- sorry if he isn't AOS isn't an option

[epsonderby 85]

Upon reading the poster's initial post, she says her fiance is already in the US so AOS is definitely a viable option.

I visited the US to see my then girlfriend for a couple of weeks on the VWP and I just ended up staying; I left my job and quit my apartment in a third country to stay and see what happened. We decided to get married and I just sent off my AOS package.

The guide here for that very process is simple to follow and there would be no problem in you following that process given that your fiance entered the US with no intent to immigrate. According to the USCIS themselves, intent to immigrate isn't a sole reason to deny him anyway.

Good luck in whichever option you select.

[Moomin 292]

Upon reading the poster's initial post, she says her fiance is already in the US so AOS is definitely a viable option.

I visited the US to see my then girlfriend for a couple of weeks on the VWP and I just ended up staying; I left my job and quit my apartment in a third country to stay and see what happened. We decided to get married and I just sent off my AOS package.

Not unless the divorce is final, and not unless the state has no waiting from divorced until free to marry again, which would be OP's main issues IF the foreign fiancee is already in the US and asjusting from within the US.

VWP users can't appeal the decision. If AOS is denied, not only is it back to home country and re-apply, it's also a ban from overstaying(usually it takes longer to AOS than the lawful stay given upon entering the US) and while this can be overcome with a waiver, it's still more times added to the process, and the foreign already showed immigrant intent, can't use VWP and will find it tough to get a tourist visa. I know this is worst case scenario but it's worth taking into consideration.

Your situation is different because none of you were going through a divorce while visiting.

EDIT: I'm sorry I actually missed where it said you both are in fact in the US. WHile it is possible to AOS that way, please still take all factors into consideration anyways and do your research before jumping the gun.

Edited August 19, 2012 by moomin

[epsonderby 85]

Research is definitely the key here. What worked for me wouldn't necessarily work for others.

I would suggest that the poster explores the site a little and ask questions. Definitely the best way to get answers and that they also take the time to read the USCIS site and weigh up all the options available to them.

[FrozenGlitter 1]

Thanks everyone for the replies!

To clarify: My fiance IS currently in the US, but just on a visit. He is supposed to leave later today. We were trying to find a way to keep him here now, if he just didn't return on his return ticket, married me in October when my divorce will be (hopefully) done and my state mandated 30 day wait period is up, which would put us at the very end (but still within) his 90 days. We would then try an AOS. If I am understanding you all correctly, this could work but if it fails he'd have to go back and possibly get in some amount of trouble, right?

Which leaves me with the other two options: We're planning for him to next visit in December. So then we could also marry, try the AOS/cr1, he may have to leave but it shortens our wait time separation. Or we go the K1 route and hope he doesn't get denied entry upon visiting in Dec.

It's so tricky to know which route is the best to take...

[Moomin 292]

AOS from within the US, you won't need a vaiwer for overstay. The overstay will be(it's usually) automatically forgiven when being the spouse of a US citizen. It is possible to marry after your divorce is final and after the wait is up. Your fiance cannot leave the US until receiving greencard(or AP), and cannot work until receiving EAD. AOS from within the US requires for the foreign spouse to have the interview at a local USCIS office in the US, and both of you are required to be present and demonstrate a bona fide marriage/relationship. You have to look into the guide; AOS from tourist visa.

What you absolutely can't do is have fiance return to home country, then come back visiting with the intent of staying/adjusting status, whether it's to avoid the wait overseas or not doesn't really matter, it matters what the intent was when entering the country. On VJ, we can't and won't advise you to do anything that's against Visa Journey's TOS, or anything that's considered fraud(immigrant intent when entering on a non-immigrant visa is).

Marrying right after a divorce may be a red flag however I'd do a search on that if I were you. Some have absolutely no issues even though they were warned for this or that reason. I just think you better know your options before throwing yourself to the wolves(USCIS or a lawyer). I'm not and I wasn't trying to freak you out or scare you, just to give you facts.

Anyways, your options are many, look into them and figure out if your fiance can stay, if you can afford it, or if it better to go back. Personally, my husband and I joked around with tossing my passport into Lake Michigan at my last visit during the K1 process however despite waiting to reunite, I'm glad I got to save up some cash for the process for those months.

I'm sorry I couldn't keep it brief however this is most likely the smallest portion of reading you'll be doing when researching your options. Good luck and feel free to ask questions whenever in doubt. Odds are you'll find people on here with more experience than attourneys when your case is straight forward.

EDIT: The "trouble" you're talking about if he returns if AOS is denied is merely that he will have an overstay. Overstaying when having entered on VWP means one can't use it again and will have to apply for a tourist visa. A tourist visa is hard to get when your fiance already showed that he wants to immigrate. Depending on how long the overstay is, it'll trigger a ban. That ban can be waived with a hardship waiver after his interview in home country. This route just takes longer but it's worth to at least know that it's needed in case you end up down that lane. But trouble? He's not going to jail or anything

Edited August 19, 2012 by moomin

[Xanax 349]

Just in regards to your getting denied on a vwp entry in december- being denied entry with the vwp is very rare. I entered a few times with K-1 pending and never had any problems.

[FrozenGlitter 1]

Just in regards to your getting denied on a vwp entry in december- being denied entry with the vwp is very rare. I entered a few times with K-1 pending and never had any problems.

Yeah, my fears stem from last September, I tried to visit him in the UK and was denied entry because I didn't have a job so they decided I MUST be trying to stay there. So far, he has never had any problems coming here, but we both worry anyway. A 2 month visit doesn't look suspicious?

[Xanax 349]

Yeah, my fears stem from last September, I tried to visit him in the UK and was denied entry because I didn't have a job so they decided I MUST be trying to stay there. So far, he has never had any problems coming here, but we both worry anyway. A 2 month visit doesn't look suspicious?

I visited for 3 month periods. No one can guarantee what the results will be when you try to enter, but personally I have no had any trouble.