CR-1 vs. K-1, red flags, etc...

[Kyle&Sara 0]

I had posted a question regarding the freedom for my fiance to travel back and forth from Canada to the states during the approval process and once approved to marry in the K-1 forum. Someone had suggested possibly getting married first, on her next visit (which is already arranged and booked) then going the route of the CR-1 instead. Given that we did do that, are there any red flags that go up regarding the date of submitting our packet in relation to the date of our wedding? This is actually the route I originally wanted to go, and now I'm wondering if I should have just went with my initial instincts. I wanted to see what some of you that may have a little more knowledge regarding the CR-1 vs. the K-1 here in the CR-1 forum thought...

Here's the link to my original posting:

http://www.visajourney.com/forums/topic/427911-travel-back-and-forth-after-k-1-between-us-and-canada/#entry6198275

Cheers,

Kyle

[speedwell 224]

I had posted a question regarding the freedom for my fiance to travel back and forth from Canada to the states during the approval process and once approved to marry in the K-1 forum. Someone had suggested possibly getting married first, on her next visit (which is already arranged and booked) then going the route of the CR-1 instead. Given that we did do that, are there any red flags that go up regarding the date of submitting our packet in relation to the date of our wedding? This is actually the route I originally wanted to go, and now I'm wondering if I should have just went with my initial instincts. I wanted to see what some of you that may have a little more knowledge regarding the CR-1 vs. the K-1 here in the CR-1 forum thought...

Here's the link to my original posting:

http://www.visajourney.com/forums/topic/427911-travel-back-and-forth-after-k-1-between-us-and-canada/#entry6198275

Cheers,

Kyle

There are no red flags about sending in the I-130 even the day after you get married. However, do not have her visit and stay. That runs the risk of having her adjustment of status denied based on immigrant intent, which she demonstrably has, since you are discussing doing it. People get away with it anyway, but the ones who don't risk bans of varying length up to permanent for lying to Immigration. Doing the CR-1 the regular legal way is a royal pain in the tush but it is really the safest and fastest way, and you will certainly qualify. My husband and I did the CR-1 because he wants to work as soon as he gets here.

Edited May 7, 2013 by speedwell

[ricky and elaine 8]

Hi! We recently changed from K1-CR1. We were married 3 wks ago. When I crossed the border into the US they asked "where I was going" I said "to visit my fiance" asked "how long are you staying"? i said "17 days". asked are you going to work "I said no". No problem. This was at Pearson Airport Toronto. They did stamp my passport but since you don't go thru immigration (US) again (Canadians) when leaving the US. I kept my boarding pass etc as proof I left the country.

We submitted our 1-130 within 5 days of marrying, explained we had changed routes and why. We filed to Phoenix as that was our office for Nevada petitioners and we received an NOA1 within 1 week saying we had been transferred to Missouri Benefits Center. (not California) We included in our 1-130 a copy of our letter to CSC withdrawing our 1-129f. We are not too worried about the quick petition as we have known each other 46 years.

We felt the K1's were going to move way to slow for us and it looked like 2014 since we filed k1 in Feb 2013.

If you look at the Canadian portal for CR1 you will see many people are moving quite quickly. Some even having NOA2 in 2 months or less. Especially if sent to the benefits centre.

It was a gamble but we wanted to marry now anyway. We believe we did the right thing. We also didn't want to wait for Advanced Parole, Green Card, etc after optaining a k1. We obviously lost the fee for the 1-129F but time is money also.

All the best to you.

[Kyle&Sara 0]

No, we don't have the intent of having her stay permanently and trying to get away with at all. I just want to make sure she could still come visit for a week or so at a time while the processing is underway. I/we wouldn't try and get away with anything that could jeopardize our future...

There are no red flags about sending in the I-130 even the day after you get married. However, do not have her visit and stay. That runs the risk of having her adjustment of status denied based on immigrant intent, which she demonstrably has, since you are discussing doing it. People get away with it anyway, but the ones who don't risk bans of varying length up to permanent for lying to Immigration. Doing the CR-1 the regular legal way is a royal pain in the tush but it is really the safest and fastest way, and you will certainly qualify. My husband and I did the CR-1 because he wants to work as soon as he gets here.

[Kyle&Sara 0]

This was very helpful, as well as encouraging! Congratulations on your success with everything! Hopefully it goes as smooth for us as well.

Hi! We recently changed from K1-CR1. We were married 3 wks ago. When I crossed the border into the US they asked "where I was going" I said "to visit my fiance" asked "how long are you staying"? i said "17 days". asked are you going to work "I said no". No problem. This was at Pearson Airport Toronto. They did stamp my passport but since you don't go thru immigration (US) again (Canadians) when leaving the US. I kept my boarding pass etc as proof I left the country.

We submitted our 1-130 within 5 days of marrying, explained we had changed routes and why. We filed to Phoenix as that was our office for Nevada petitioners and we received an NOA1 within 1 week saying we had been transferred to Missouri Benefits Center. (not California) We included in our 1-130 a copy of our letter to CSC withdrawing our 1-129f. We are not too worried about the quick petition as we have known each other 46 years.

We felt the K1's were going to move way to slow for us and it looked like 2014 since we filed k1 in Feb 2013.

If you look at the Canadian portal for CR1 you will see many people are moving quite quickly. Some even having NOA2 in 2 months or less. Especially if sent to the benefits centre.

It was a gamble but we wanted to marry now anyway. We believe we did the right thing. We also didn't want to wait for Advanced Parole, Green Card, etc after optaining a k1. We obviously lost the fee for the 1-129F but time is money also.

All the best to you.

[speedwell 224]

No, we don't have the intent of having her stay permanently and trying to get away with at all. I just want to make sure she could still come visit for a week or so at a time while the processing is underway. I/we wouldn't try and get away with anything that could jeopardize our future...

Awesome, you guys have a good attitude. We have to warn lots of people away from that because everyone hears stories that someone's third cousin's gardener's mechanic did it. ugh.

Ricky and Elaine took a huge risk. I think they will be OK because they explained up front they had no intent to defraud. I believe them, but I'm not a CIS adjudicator!

Edited May 7, 2013 by speedwell

[ricky and elaine 8]

Awesome, you guys have a good attitude. We have to warn lots of people away from that because everyone hears stories that someone's third cousin's gardener's mechanic did it. ugh.

Ricky and Elaine took a huge risk. I think they will be OK because they explained up front they had no intent to defraud. I believe them, but I'm not a CIS adjudicator!

Hi! I don't know what the risk was? You are allowed to file a K1 and then decide to marry. You simple withdraw the K1, and refile the appropriate documents. I was straight up about everything. But we are both almost 60 and are close to retirement, and have known each other for 46 years, Canadian and we are low fraud. Please advise what the risk was? I'm curious.

[speedwell 224]

Hi! I don't know what the risk was? You are allowed to file a K1 and then decide to marry. You simple withdraw the K1, and refile the appropriate documents. I was straight up about everything. But we are both almost 60 and are close to retirement, and have known each other for 46 years, Canadian and we are low fraud. Please advise what the risk was? I'm curious.

I'm sorry, that was my mistake. I didn't see where you had gone home after marrying, but I just re-read and I do see it now. That's fine. I originally thought you had stayed to adjust status.