Unclear about visa and process

[seeker2k 0]

Good Afternoon

 

Its been a long time since I had to deal with visas for anything other then tourism and there is quite a lot that is unclear to me as a great deal has changed since then. So I have some questions with regards to it all.

 

I'm a US citizen, currently residing in California. About 14 years ago I did some contract work in China and met a girl with whom we have had an off and on again relationship through the years. I was traveling back and forth and so was she as shes a distributor and had customers here at the time, so things were working out. As our relationship progressed we decided to get married and move together, but then ran into serious personal problems. My aunt and uncle died in an auto accident and I ended up raising my niece and nephew in addition to taking care of elderly parents including dealing with alzheimer's, no joy, while on her end she lost vast majority of her work as the effects of economic crisis that was here spread and also had to take care of her parents, consequently, had to stay there to provide for her family.

 

So as a result we decided to call it off and not go through with our plans, but have continued off and on through the years. Fast forward, kids on both sides are grown up and on their own, and all other situations resolved and we would like to pick up where we left off.

 

So as far as I understand, our options are K-1 and  CR-1, I am unclear on both and have some questions.

 

Last time we went through this we had to file something for DHS if I remember correctly, and the system was still paper based, not digital, between that and the actual visa filing this was a gigantic super long bureaucratic quagmire taking 1 and 1/2 to 2 years, is this still the case ? Or do we now just file for a K-1 directly ?

 

Both K-1 and CR-1 take a very long time, is there anything else available that is faster and we can just get together and get on with our lives ?

 

I read that the K-1 and CR-1 are seperate processes from any other visas, my girl has a business visa as she has customers here again, if we open up a K1 or CR-1 process is she prohibited from traveling to the US during that time ? I have read conflicting statements on this and would like some clarification.

 

Once a visa is granted, would she have to quit doing business here for a while until she receives residency ? How soon can she work or move her business here or open an office ? Unclear on how this works.

 

We actually never officially cancelled our last process, just let it expire and I did receive the expiration documents. Do we have to contact anyone for anything before we proceed again or can we just go ahead and file for visa without having to worry about getting it accidentally denied ?

 

What would happen if we just get married here while she is on one of her business trips ? Assuming we want to keep everything legal and do not want to cause any issues, could we just do that and then file for whichever visa or residency permit ? Could she just travel back and forth as normal while that process is on file ?

 

 

Thank you

 

 

 

 

 

[s + j 71]

K-1 and CR-1 Both has their upsides/downsides.

I went with K-1 So I can only speak from experience on this one but I actually liked that one because I got to be with my husband faster. Downside is that I'm still not allowed to work (8 months since arrival, 4 months since filing) and can't leave united states but that per se doesn't bother me. 

 

K-1 takes about ~6 months right now and CR1 ~1 year. For us, K-1 Took 4 months approx. K-1 Is more expensive because there's more filing fees, but CR-1 is longer. 

Also, yes, you can marry while she's on a business trip HOWEVER what would make it visa fraud is that you'd do adjustment of status after. If you did get married then you'd have to do CR1.

Edited June 3, 2017 by s + j

[Redheadguy03 505]

17 minutes ago, seeker2k said:

Good Afternoon

 

Its been a long time since I had to deal with visas for anything other then tourism and there is quite a lot that is unclear to me as a great deal has changed since then. So I have some questions with regards to it all.

 

I'm a US citizen, currently residing in California. About 14 years ago I did some contract work in China and met a girl with whom we have had an off and on again relationship through the years. I was traveling back and forth and so was she as shes a distributor and had customers here at the time, so things were working out. As our relationship progressed we decided to get married and move together, but then ran into serious personal problems. My aunt and uncle died in an auto accident and I ended up raising my niece and nephew in addition to taking care of elderly parents including dealing with alzheimer's, no joy, while on her end she lost vast majority of her work as the effects of economic crisis that was here spread and also had to take care of her parents, consequently, had to stay there to provide for her family.

 

So as a result we decided to call it off and not go through with our plans, but have continued off and on through the years. Fast forward, kids on both sides are grown up and on their own, and all other situations resolved and we would like to pick up where we left off.

 

So as far as I understand, our options are K-1 and  CR-1, I am unclear on both and have some questions.

 

Last time we went through this we had to file something for DHS if I remember correctly, and the system was still paper based, not digital, between that and the actual visa filing this was a gigantic super long bureaucratic quagmire taking 1 and 1/2 to 2 years, is this still the case ? Or do we now just file for a K-1 directly ?

 

Both K-1 and CR-1 take a very long time, is there anything else available that is faster and we can just get together and get on with our lives ?

 

I read that the K-1 and CR-1 are seperate processes from any other visas, my girl has a business visa as she has customers here again, if we open up a K1 or CR-1 process is she prohibited from traveling to the US during that time ? I have read conflicting statements on this and would like some clarification.

 

Once a visa is granted, would she have to quit doing business here for a while until she receives residency ? How soon can she work or move her business here or open an office ? Unclear on how this works.

 

We actually never officially cancelled our last process, just let it expire and I did receive the expiration documents. Do we have to contact anyone for anything before we proceed again or can we just go ahead and file for visa without having to worry about getting it accidentally denied ?

 

What would happen if we just get married here while she is on one of her business trips ? Assuming we want to keep everything legal and do not want to cause any issues, could we just do that and then file for whichever visa or residency permit ? Could she just travel back and forth as normal while that process is on file ?

 

 

Thank you

 

 

 

 

 

Ok, first off the k1 takes on average 6 months and the cr1 is around a year. The advantage of the cr1 is that she can work right away. 

 

No, their is nothing faster. She can visit while it's processing, but if she requires a tourist visa to visit you it would more than likely get denied because if you filed a k1 or cr1 she would then be an intending immigrant. 

 

She cannot work on a k1. You'd have to get married, file AOS (adjustment of status) then wait for that. So, if she wants to work immediately cr1 is the best bet although it takes a year or so.

 

Their is also direct consular filing. If you live in the fiances foreign country for usually 6 months or more you can file directly through the embassy and it's much faster, however it varies by country and you'd have to live in her country for a minimum of 6 months if not longer. 

 

If you get married on one of her business trips she would have to tell immigration that when she goes through customs and they might not let her in. You cannot lie about it. However, if she comes in and then later you decide to get married while she's in the country that's ok because the intent is different. 

Edited June 3, 2017 by Redheadguy03

[f f 725]

there are no short cuts.

you will either do the k1 or cr1. she can still visit the us while both are pending. I would recommend doing the cr1 so she can work the day she arrives otherwise she will be waiting at least 3-4 months and that is if you get married and file asap.

[Dashinka 23,330]

5 minutes ago, seeker2k said:

Good Afternoon

 

Its been a long time since I had to deal with visas for anything other then tourism and there is quite a lot that is unclear to me as a great deal has changed since then. So I have some questions with regards to it all.

 

I'm a US citizen, currently residing in California. About 14 years ago I did some contract work in China and met a girl with whom we have had an off and on again relationship through the years. I was traveling back and forth and so was she as shes a distributor and had customers here at the time, so things were working out. As our relationship progressed we decided to get married and move together, but then ran into serious personal problems. My aunt and uncle died in an auto accident and I ended up raising my niece and nephew in addition to taking care of elderly parents including dealing with alzheimer's, no joy, while on her end she lost vast majority of her work as the effects of economic crisis that was here spread and also had to take care of her parents, consequently, had to stay there to provide for her family.

 

So as a result we decided to call it off and not go through with our plans, but have continued off and on through the years. Fast forward, kids on both sides are grown up and on their own, and all other situations resolved and we would like to pick up where we left off.

 

So as far as I understand, our options are K-1 and  CR-1, I am unclear on both and have some questions.

 

Last time we went through this we had to file something for DHS if I remember correctly, and the system was still paper based, not digital, between that and the actual visa filing this was a gigantic super long bureaucratic quagmire taking 1 and 1/2 to 2 years, is this still the case ? Or do we now just file for a K-1 directly ?

 

Both K-1 and CR-1 take a very long time, is there anything else available that is faster and we can just get together and get on with our lives ?

 

I read that the K-1 and CR-1 are seperate processes from any other visas, my girl has a business visa as she has customers here again, if we open up a K1 or CR-1 process is she prohibited from traveling to the US during that time ? I have read conflicting statements on this and would like some clarification.

 

Once a visa is granted, would she have to quit doing business here for a while until she receives residency ? How soon can she work or move her business here or open an office ? Unclear on how this works.

 

We actually never officially cancelled our last process, just let it expire and I did receive the expiration documents. Do we have to contact anyone for anything before we proceed again or can we just go ahead and file for visa without having to worry about getting it accidentally denied ?

 

What would happen if we just get married here while she is on one of her business trips ? Assuming we want to keep everything legal and do not want to cause any issues, could we just do that and then file for whichever visa or residency permit ? Could she just travel back and forth as normal while that process is on file ?

 

 

Thank you

 

 

 

 

 

I just want to make sure I understand, you never actually got married?  If you did, then K1 is not an option unless I believe if you are legally divorced.

 

Assuming you are not married, the K1 tends to be faster overall to get your fiancé to the US, but s you mentioned, she will need to go through the AOS/EAD/AP to get work authorization and a GC.  Generally speaking the work authorization (EAD) takes about 90 days give or take, and the GC can be six months to a year or more.  Also, as you stated, the CR1/IR1 is an option which take 12-18 months in general, but the spouse enters the US with a valid GC, so can work immediately.

 

I cannot answer the question regarding your previous process.  I think it is simply considered abandoned, but others may have more information.

 

As to getting married while she is here in the US, this is certainly possible, but she cannot come to the US with the intention of getting married and staying to adjust.  It is a fine line as many people come to the US on a variety of visas, meet the right person, get married and adjust while staying here, but the issue is with the intention when they enter US (I.e. They were not planning on marriage during that trip).  She can certainly come here to get married and leave while the spousal visa is processed,  and she may be able to come back for visits on a business visa etc., as long as the CBP officers are convinced she is not planning on staying when she attempts to enter.

 

Yes, the VisaJourney is fun and full of twists and turns.  I would recommend reading the guides (posted below) for family visas (K1 and CR1/IR1) to get a better understanding.

 

Good Luck!

 

http://www.visajourney.com/content/k1guide

http://www.visajourney.com/content/i130guide1

[Dashinka 23,330]

5 minutes ago, Redheadguy03 said:

Ok, first off the k1 takes on average 6 months and the cr1 is around a year. The advantage of the cr1 is that she can work right away. 

 

No, their is nothing faster. She can visit while it's processing, but if she requires a tourist visa to visit you it would more than likely get denied because if you filed a k1 or cr1 she would then be an intending immigrant. 

 

She cannot work on a k1. You'd have to get married, file AOS (adjustment of status) then wait for that. So, if she wants to work immediately cr1 is the best bet although it takes a year or so.

 

Their is also direct consular filing. If you live in the fiances foreign country for usually 6 months or more you can file directly through the embassy and it's much faster, however it varies by country and you'd have to live in her country for a minimum of 6 months if not longer. 

Doesn't the US citizen have to be a legal or long-term resident of that country to take this route?  

 

Sorry, I didn't see that you already stated that fact.

 

Edited June 3, 2017 by Bill & Katya

[Redheadguy03 505]

Just now, Bill & Katya said:

Doesn't the US citizen have to be a legal or long-term resident of that country to take this route?

You have to be there usually 6 months or so in the foreign country. Which is exactly what I said in my post. You have to be legal yes, but not necessarily a permanent resident or anything it's country specific. 

[Dashinka 23,330]

2 minutes ago, Redheadguy03 said:

You have to be there usually 6 months or so in the foreign country. Which is exactly what I said in my post. You have to be legal yes, but not necessarily a permanent resident or anything it's country specific. 

Yes, apologies, I hadn't read your entire comment before responding.

[Coco8 1,039]

20 minutes ago, seeker2k said:

What would happen if we just get married here while she is on one of her business trips ? Assuming we want to keep everything legal and do not want to cause any issues, could we just do that and then file for whichever visa or residency permit ? Could she just travel back and forth as normal while that process is on file ?

 

If you decide to marry during one of her business trips she can AOS directly but she won't be able to work until she gets her permit. Maybe 4 months? She will also have to stay in the US for a while. She cannot get married and leave. If she leaves you'd have to go the CR-1 route which takes a year but once she gets it, she will be able to work in the US.

 

Take into consideration that with the green card she would have to reside in the US and, while traveling abroad for work is fine, she would have to be careful about how much time she spends abroad. She would be able to apply for citizenship in 3 years and after that it would be fine. I'm mentioning this because it seems as if she travels a lot. 

[Transborderwife 4,666]

2 minutes ago, Coco8 said:

 

If you decide to marry during one of her business trips she can AOS directly but she won't be able to work until she gets her permit. Maybe 4 months? She will also have to stay in the US for a while. She cannot get married and leave. If she leaves you'd have to go the CR-1 route which takes a year but once she gets it, she will be able to work in the US.

 

Take into consideration that with the green card she would have to reside in the US and, while traveling abroad for work is fine, she would have to be careful about how much time she spends abroad. She would be able to apply for citizenship in 3 years and after that it would be fine. I'm mentioning this because it seems as if she travels a lot. 

This is bordering on fraud as one cannot enter with intent to marry 

[Redheadguy03 505]

30 minutes ago, Transborderwife said:

This is bordering on fraud as one cannot enter with intent to marry 

Exactly! That's what I mentioned in my post as well. People try skirting the laws it's definitely not worth it. You can get bans if you lie to immigration. 

[TBoneTX 43,360]

The OP has received valid answers, including that about fraud.  He should read the Guides (links atop any VJ page) and decide on the proper legal path.  This thread is now closed to further comment.