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CR-1 or K1 visa?

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What would be the safest way to go? If my girlfriend would come to my home country (Netherlands) and we marry here we can apply for a CR-1 visa right? Does that give a bigger chance of being accepted? What happens if I visit under the VWP, marry and apply for AOS?

Ive been doing a lot of reading but I can't figure out what is the best way to go.


09/21/2015: I-129F petition mailed

09/23/2015: Delivered to USCIS, petition received

09/25/2015: NOA1 notice date, routed to CSC

09/28/2015: NOA1 E-notification

10/27/2015: RFE E-notification

11/02/2015: RFE letter received (USCIS needs evidence that the site we met on is not an international marriage broker)

11/03/2015: RFE response mailed with overnight priority mail express to CSC

11/04/2015: RFE received by USCIS

11/09/2015: Approved!!! E-notification NOA2

11/19/2015: NVC received

11/27/2015: Case arrived at consulate

12/01/2015: Packet 3 received

01/16/2016: Packet 4 received

02/16/2016: Medical exam

02/23/2016: Approved!!!

04/26/2016: Entered USA

07/23/2016: Adjusting status, NOA1

12/16/2016: Interview, Approved!!!

02/02/2017: Green card in mail!

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~Moved from IR1/CR1 Process to What Visa Do I Need Forum~

~Inquiry about family visas~


Completed: K1/K2 (271 days) - AOS/EAD/AP (134 days) - ROC (279 days)

> Almost 2 years of our lives involved with the USCIS/DOS "shuffle" & worth every second of it ! <

"Si vis amari, ama" - Seneca

_______________________

:idea: Read more, post less.... Google can be your friend ! :idea:

Prior apologies if I can explain it to you, but I can't understand it for you.

Keep your timeline current: http://www.visajourney.com/timeline/

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Not What happens if I visit under the VWP, marry and apply for AOS? It is fraud to come on the VWP with intent to immigrate.

As for CR1 v K1, the neatherlands is what I would call a low risk country. I am guessing you do not have any major red flags. Really it is a matter of preference. The CR1 will likely take a little longer, but it will be cheaper and your spouse will have a green card and be able to work on arrival. The K1 will probably be a little faster, but it is more expensive, and your fiance will not be able to work until after you have gotten married and filed for adjustment of status. Also beforeyour fiances EAD/AP is approved (which allows the foreign spouse to work and travel before receiving the green card) if for any reason your foreign spouse needs to leave the country you will need to file a CR1, because the adjustment of status will be considered abandoned.

As for where to get married and then file for a CR1, it does not matter if you are married here or there. Just make sure if you are married in the US, you file for your CR1 and return to your home country before your 90 days on the VWP is up.

Edited by Kastrs

Spoiler

 

Married December 19, 2014

I-130 Petition sent January 14, 2015
NOA1 date January 20, 2015 (NSC)

NOA2 date May 28, 2015 :dance::dance::dance:

Mailed to NVC June 4, 2015

NVC Received June 10, 2015

NVC Case Number Assigned June 23, 2015

NVC AoS Invoice via Mail June 24, 2015

NVC Selected Agent Over Phone June 30, 2015 (Unable to logon to CEAC)

NVC IV Invoice via email received July 1, 2015

NVC AoS/IV Package Mailed July 2, 2015

NVC AoS & IV Fee Paid Online (CEAC is working) July 6. 2015

NVC Document Scan Date July 6, 2015

NCV AoS & IV Fee marked as paid in CEAC July, 7 2015

NVC DS 260 Completed July 8, 2015

NVC CC July 30, 2015 (24 days after scan date, about 2 months post NOA2)

Interview Scheduled on August 26, 2015

Interview P4 Email Received August 27, 2015

Medical in Islamabad September 2, 2015

Interview Date September 22, 2015 CANCELLED (Embassy is Over scheduled) :cry: :cry: :cry: :cry: :cry:

Interview Scheduled on September 10, 2015

Interview Date October 14, 2015 APPROVED

Visa Issued October 16, 2015, 9 months start to finish

POE JFK October 26, 2015

GC in Hand Jan 8, 2016

RoC I-751 NOA1 August 31, 2017 (Vermont Service Center)

Biometrics October 2, 2017

I551 Stamp in Passport August 2, 2018

18 Month Extension Letter August 3, 2018

Applied for Naturalization N-400 Online July 30, 2018

Biometrics August 23, 2018

10 year GC is in production September 17, 2018

 

 
 
 
 
 
 
 
 
 
 
 
 

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Thank you that explains a lot. So what if for example I would bring my fiance back to the Netherlands, marry there, and then go to the US on the VWP and file for AOS? Is that also considered illegal? Or do I have to go back within 90 days?


09/21/2015: I-129F petition mailed

09/23/2015: Delivered to USCIS, petition received

09/25/2015: NOA1 notice date, routed to CSC

09/28/2015: NOA1 E-notification

10/27/2015: RFE E-notification

11/02/2015: RFE letter received (USCIS needs evidence that the site we met on is not an international marriage broker)

11/03/2015: RFE response mailed with overnight priority mail express to CSC

11/04/2015: RFE received by USCIS

11/09/2015: Approved!!! E-notification NOA2

11/19/2015: NVC received

11/27/2015: Case arrived at consulate

12/01/2015: Packet 3 received

01/16/2016: Packet 4 received

02/16/2016: Medical exam

02/23/2016: Approved!!!

04/26/2016: Entered USA

07/23/2016: Adjusting status, NOA1

12/16/2016: Interview, Approved!!!

02/02/2017: Green card in mail!

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Ok thank you. So either way I have to stay in the Netherlands and wait for my visa? I miss my fiancee a lot, im guessing the K1 is the best and quickest option then.


09/21/2015: I-129F petition mailed

09/23/2015: Delivered to USCIS, petition received

09/25/2015: NOA1 notice date, routed to CSC

09/28/2015: NOA1 E-notification

10/27/2015: RFE E-notification

11/02/2015: RFE letter received (USCIS needs evidence that the site we met on is not an international marriage broker)

11/03/2015: RFE response mailed with overnight priority mail express to CSC

11/04/2015: RFE received by USCIS

11/09/2015: Approved!!! E-notification NOA2

11/19/2015: NVC received

11/27/2015: Case arrived at consulate

12/01/2015: Packet 3 received

01/16/2016: Packet 4 received

02/16/2016: Medical exam

02/23/2016: Approved!!!

04/26/2016: Entered USA

07/23/2016: Adjusting status, NOA1

12/16/2016: Interview, Approved!!!

02/02/2017: Green card in mail!

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If you want to come to the US to stay and adjust, you either need to enter on a K-1 visa and marry in the US...or marry in your country and enter on a CR-1 visa. Each process (K-1 or CR-1) has their pros and cons. A good comparison is located here: http://www.visajourney.com/content/compare


K-1
NOA1: 04/08/2014; NOA2: 04/21/2014; Visa interview, approved: 07/15/2014; POE: 07/25/2014; Marriage: 09/05/2014

 

AOS

NOA1:  09/12/2014;  Biometrics:  10/06/2014;  EAD/AP Received:  11/26/2014;

Interview Waiver Letter:  01/02/2015;  RFE:  07/09/2015;

Permanent Residency Granted:  07/27/2015;  Green card Received:  08/22/2015

 

ROC

05/23/2017 -- Mailed ROC application

05/24/2017 -- NOA1 date

05/30/2017 -- NOA1 received in the mail

06/05/2017 -- Biometrics letter received

06/13/2017 -- Biometrics appointment

09/05/2018 -- Approved without interview!

09/13/2018 -- 10 Yr Green card Received

 

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I would DEFINITELY not come with the intent to marry and adjust status!

That is what my husband and I had planned to do. We had no idea it was fraudulent, because 2 immigrants I know very well did exactly that and no one batted an eye. We thought it was perfectly acceptable because I knew 2(!!!) people who came that way.

But what ended up happening for us was my husband (then boyfriend) was refused entry and told he would need a visa to enter the US again. He can no longer travel on the VWP. From what I understand it could have been much worse (like a ban from the US!)

They didn't do that because they knew we genuinely were not try to break any laws. We were completely ignorant. We were also extremely honest throughout the "interviews" with the border agents. I'm so grateful he wasn't banned!

Don't risk it. Please!

In the end we have decided to marry and are currently applying for a CR1.


Married in Barbados: June 10 2015

***USCIS***

Jul 20 2015: Lawyer Mailed I-130 Packet to Chicago lockbox

Aug 7 2015: I-130 NOA1 (California!!!)

Nov 17 2015: I-130 approved (102 days since NOA1)

***NVC***

Nov 25 2015: NVC received our file

Dec 11 2015: NVC case # assigned

Dec 14 2015: AOS & IV billed (same time as we have lawyer)

Dec 14 2015: Received email with case number and invoice number

Dec 15 2015: Paid AOS & IV Fees

Dec 20 2015: Fees show as "paid".

Dec 20 2015: Email expedite request (financial & medical)

Dec 31 2015: Email from NVC. EXPEDITE APPROVED!

Jan 8 2016: Mailed AOS & IV packets

Jan 11 2016: Packets delivered to NVC & marked "in transit" to consulate!

Jan 12 2016: CEAC status "READY"!

Jan 14 2016: DHL tracking shows file" delivered"

Jan 16 2016: Appointment letter (pkt4) Feb 16!!!

Feb 9 2016: Medical

Feb 16 2016: Interview/Approved!!!!

Feb 17 2016: Issued!

Feb 29 2016: POE!!!!!!!!!!!!!!!!!!! Together! <3

************

ROC

Feb 22 2018: ROC packet sent

Feb 26 2018: USPS confirmed delivery

Mar 10 2018: NOA1 dated March 6 2018

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