Jump to content
lifequestion101

IR1/CR1 Question

15 posts in this topic

Recommended Posts

Hello everyone! 

 

First of all, I apologize if this post is in the wrong section.

 

I am currently in a dilemma. My fiance and I are planning on getting married, but due to some external forces, we are getting married in May. However, as I understand it, filing for K-1 right now will put us around July at the earliest to be granted a K-1. I am currently near the tail end of gathering the necessary evidentiary materials for the K-1 when I was alerted to our current situation. What I wish to know is, is there any possible way for my fiance (or then wife if we were to proceed and get married) to be legally in the US and file the 130/485 concurrently? If not, is seeking the K-1 the better route? I can somehow ask/push for the postponement of the wedding if it means my fiance can come and be with me immediately. My fiance is from South Korea and I am a natural born US Citizen, if these facts affect anything.

 

I thank you for your time and help!

Share this post


Link to post
Share on other sites

I am not really sure what you are asking. Only you can decide if the K1 or the CR1 is the better choice for you. I know you didn't specify but what is forcing you to get married in May?  Good luck with whichever path you choose! :)

Edited by Cheezees

 

 

AOS

03/24/11 - Got married in the Boogie-Down Bronx, NYC!
04/21/11 - Mailed I-130,I-765, I-485, I-864 and I-693 - Day 00

04/23/11 - Application delivered - Day 02
04/28/11 - NOA (most forms) - Day 07
05/03/11 - Checks cashed - Day 12
05/31/11 - Biometrics completed in the Bronx, NYC - Day 40
06/24/11 - Received someone else's employment authorization card!!! What the...? - Day 64
07/01/11 - Mailed the poor lady's card back after calling USCIS - Day 71
07/07/11 - Received poor lady's interview notice! What??? - Day 77
07/15/11 - Received my own EAD card - Day 85
08/12/11 - Interview. Approved on the spot! - Day 113
08/18/11 - Received card in the mail - Day 119

ROC
05/28/13 - Mailed I-751 - Day 00

05/30/13 - Application delivered - Day 02

05/31/13 - NOA I-797 - Day 03
06/04/13 - Check cashed - Day 07

06/06/13 - NOA delivered to my home/Biometrics letter generated - Day 09

06/10/13 - Received Biometrics letter in the mail - Day 13

06/27/13 - Biometrics completed in Milwaukee, WI - Day 30

09/10/13 - Application approved! - Day 105

09/14/13 - 10 year Green Card received! - Day 109

Citizenship

05/10/16 - Mailed N-400 - Day 00

05/12/16 - Application delivered - Day 02

05/13/16 - Credit card payment accepted - Day 03

05/17/16 - Received text & email update - Day 07

05/20/16 - Received 1st NOA (dated 05/13/16) & created ELIS acct - Day 10

05/21/16 - Received 2nd NOA (dated 05/16/16) confirming my DOB and address - Day 11

05/22/06 - Biometrics scheduled (online update) and appt letter was mailed on 05/20/16 - Day 12

05/24/06 - Biometrics letter became viewable online (appt scheduled for 06/07/16) - Day 14

05/27/16 - Received Biometrics letter in mail - Day 17

05/31/16 - Was denied walk-in fingerprints with just 1 person left in line. Milwaukee office, boo! - Day 21

06/07/16 - Biometrics completed in Milwaukee, WI - Day 28

12/21/16 - Passed Citizenship test/Interview was successful! - Day 197

01/26/17 - I am a US citizen!!! - Day 233

Share this post


Link to post
Share on other sites

You can file an I-130 at any time after your are legally married. However, your fiance cannot enter the US with the intent to file for AOS. That is clear visa fraud and discussion is not permitted on this site.

 

The legal methods are for you to either stick with a K-1 visa plan and wait it out (I would plan for a little over 6 months processing time...there's a bit of a backlog growing currently), or get married then file for a CR-1 visa.

 

Your fiance can either use an existing, or attempt to obtain a new, tourist visa to visit you in the US while the CR-1 is pending. While not common, it is possible for the visa to be rejected or for her to be turned away at POE due to CBP determining that she is too likely to stay due to immigrant intent. That's a decision for the CBP officer to make (if you go that route).


Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

10/17/18: Approved

?/?/?: Green card received

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

Share this post


Link to post
Share on other sites
5 hours ago, geowrian said:

You can file an I-130 at any time after your are legally married. However, your fiance cannot enter the US with the intent to file for AOS. That is clear visa fraud and discussion is not permitted on this site.

 

The legal methods are for you to either stick with a K-1 visa plan and wait it out (I would plan for a little over 6 months processing time...there's a bit of a backlog growing currently), or get married then file for a CR-1 visa.

 

Your fiance can either use an existing, or attempt to obtain a new, tourist visa to visit you in the US while the CR-1 is pending. While not common, it is possible for the visa to be rejected or for her to be turned away at POE due to CBP determining that she is too likely to stay due to immigrant intent. That's a decision for the CBP officer to make (if you go that route).

Oh, no! I am not trying to discuss anything illegal. I was just curious as to if there was a legal route. However, it seems that is not the case. It certainly seems like K-1 is the route to take if we were to live together immediately after the wedding. 

 

Just one more question, what are the options for me on my end? For instance, if we were to get married like originally planned in May, and I decide to explore employment options in South Korea so we can be together, what are the necessary steps to take in order to make that decision a smoother one?

 

Thank you for your reply! 

Share this post


Link to post
Share on other sites
2 hours ago, lifequestion101 said:

Oh, no! I am not trying to discuss anything illegal. I was just curious as to if there was a legal route. However, it seems that is not the case. It certainly seems like K-1 is the route to take if we were to live together immediately after the wedding. 

 

Just one more question, what are the options for me on my end? For instance, if we were to get married like originally planned in May, and I decide to explore employment options in South Korea so we can be together, what are the necessary steps to take in order to make that decision a smoother one?

 

Thank you for your reply! 

No worries! I was just guiding you towards the legal options. :)

 

So you're asking about emigration to South Korea? Or, at least, working in South Korea? I'll have to defer to others on that...this is an immigration site and I only know about coming to the US, not leaving it. Sorry I can't be of more help there.

 

Good luck!


Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

10/17/18: Approved

?/?/?: Green card received

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

Share this post


Link to post
Share on other sites
3 hours ago, geowrian said:

No worries! I was just guiding you towards the legal options. :)

 

So you're asking about emigration to South Korea? Or, at least, working in South Korea? I'll have to defer to others on that...this is an immigration site and I only know about coming to the US, not leaving it. Sorry I can't be of more help there.

 

Good luck!

Thank you for the quick reply! 

 

Just one more question, I've consulted a few attorneys and they've told me that some K-1 pursuers still have a non-binding ceremony prior to the issuance of a K-1. I feel this is risky and chancing it will be detrimental. What are your (and anyone else's) thoughts?

Share this post


Link to post
Share on other sites
1 minute ago, lifequestion101 said:

Thank you for the quick reply! 

 

Just one more question, I've consulted a few attorneys and they've told me that some K-1 pursuers still have a non-binding ceremony prior to the issuance of a K-1. I feel this is risky and chancing it will be detrimental. What are your (and anyone else's) thoughts?

No problem! Good luck!

 

This is a common question. Heck, there was posting on this just an hour or two ago...

In general, a pre-wedding ceremony or engagement party is not recommended as USCIS may think you already got married and are still trying to use the K-1 process (as it's faster to enter the US than the CR-1 route). It's technically allowed, but it's probably not worth the risk. Exceptions are for places where such an engagement party is customary (i.e. where not having one would be unusual).


Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

10/17/18: Approved

?/?/?: Green card received

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

Share this post


Link to post
Share on other sites
15 minutes ago, geowrian said:

No problem! Good luck!

 

This is a common question. Heck, there was posting on this just an hour or two ago...

In general, a pre-wedding ceremony or engagement party is not recommended as USCIS may think you already got married and are still trying to use the K-1 process (as it's faster to enter the US than the CR-1 route). It's technically allowed, but it's probably not worth the risk. Exceptions are for places where such an engagement party is customary (i.e. where not having one would be unusual).

Awesome reply! Thank you very much! I don't want to risk anything nor chance anything! 

Share this post


Link to post
Share on other sites

But you'd still need to present, at minimum, a basic level of delineating evidence that she's now you fiance as opposed to formerly being a girlfriend. 


USCIS

January 16, 2015 I-130 Mailed, Chi lockbox January 20, 2015 Priority Date, January 21, 2015 NOA1 notice date, Assigned VSC, January 23, 2015 Check Cashed, electronically March 5, 2015 NOA2

NVC

March 27, 2015 NVC received April 6, 2015 Case#, IIN# assigned April 8, 2015 Paid AOS + IV fee Invoices May 5, 2015 AOS + IV package submitted May 11, 2015 Scan Date

June 11, 2015 DS-260 submitted June 25, 2015 False checklist (for ds260).. hello? June 30, 2015 Answered checklist Aug 5, 2015 Escalated to Supervisor review Aug 13, 2015 Case Complete

Consular

Sept 10, 2015 Interview Scheduled Sept 11, 2015 P4 Letter received Sept 21, 2015 file In transit from NVC Sept 23, 2015 file at Embassy

Sept 28, 2015 Medical Oct 14, 2015 Biometrics Oct 15, 2015 Interview (Approved) Oct 19, 2015 IV visa Issued Oct 23, 2015 Passport Pickup

POE

Nov 2, 2015 Entered the US Nov 16, 2015 Applied for SSN, walk-in Nov 20, 2015 Social Security Card recd Jan 15, 2016 GC received

Share this post


Link to post
Share on other sites
1 hour ago, KierenHby said:

But you'd still need to present, at minimum, a basic level of delineating evidence that she's now you fiance as opposed to formerly being a girlfriend. 

Yes, absolutely. And the letter of intent to marry from both the beneficiary and petitioner.


Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

10/17/18: Approved

?/?/?: Green card received

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

Share this post


Link to post
Share on other sites
2 hours ago, geowrian said:

Yes, absolutely. And the letter of intent to marry from both the beneficiary and petitioner.

Does it matter if the affidavits/letters of intent are notarized or not? (as well as any translations?)

Share this post


Link to post
Share on other sites

No. 

4 minutes ago, lifequestion101 said:

Does it matter if the affidavits/letters of intent are notarized or not? (as well as any translations?)

 


You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

Share this post


Link to post
Share on other sites

On top of the fact that it would be illegal (as one member stated) for your spouse to file from the US.. it takes MUCH longer to get approved for a CR1. You may be looking at up to 6 months to get approved for K1/K3.. But only the first part of the CR1 takes 5/6 months!

Sure with a CR-1 your spouse can work and get their social security upon entry to the US, but it will take almost double the time for them to actually get into the US. 

You do have the option to get married and be in South Korea and file for CR1 from there, although im not well informed about Koreas working rules. 

From someone who is doing IR1 from overseas... I recommend you do K1/K3 if you are trying to get your fiancee to the US asap! But in the end its your choice!!

 

P.s. My aunt brought her fiancee over in 3 months through K visa. So it can be less than 6 months. 


Married 2014-08-31

Filed I130 2016-11-04

Delivered 2016-11-07

NOA1 2016-11-14

NEBRASKA SERVICE CENTER

NOA2 Waiting!!

Share this post


Link to post
Share on other sites
8 hours ago, sajan953 said:

On top of the fact that it would be illegal (as one member stated) for your spouse to file from the US.. it takes MUCH longer to get approved for a CR1. You may be looking at up to 6 months to get approved for K1/K3.. But only the first part of the CR1 takes 5/6 months!

Sure with a CR-1 your spouse can work and get their social security upon entry to the US, but it will take almost double the time for them to actually get into the US. 

You do have the option to get married and be in South Korea and file for CR1 from there, although im not well informed about Koreas working rules. 

From someone who is doing IR1 from overseas... I recommend you do K1/K3 if you are trying to get your fiancee to the US asap! But in the end its your choice!!

 

P.s. My aunt brought her fiancee over in 3 months through K visa. So it can be less than 6 months. 

K3 is obsolete and if it goes through takes just as long as the CR1/IR1


You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×