Several Questions... (YES I did go through first 10 pages of topics!)

[lunareclipse 4]

Hi all,

 

I have several questions... I did try my best to find answers on the forum first...

 

A little background... My fiance just recently passed her final K1 Interview and obtained her K1 VISA, which expires at the end of July. She currently has regular tourist visa on her original passport.

She is a flight attendant for a major airline so it isn't hard to fly in and out of country (hence the abnormal number of flights).

 

Our current plan is:

 

Feb 2019: she arrives in the US and we fly out to a different country for honeymoon, she then returns to her home country.

March 2019: she returns to the US with her parents and we officially get married in California, she then returns to her home country after a week in the US.

April 2019: she comes over again and stays for 1 month this time

May 2019: she returns to her home country due to family obligations for 3 weeks.

June-Sep 2019: she flies out to US again and then stay for 2-3 months this time... 

 

My question is:

 

1) When she first enters in February, can she use ESTA instead of K1 Visa? The K1 Visa is attached to her passport currently. We intend to get married when she returns again in March 2019.

 

2) If she enters with K1 Visa in March, she can't really leave the country unless she obtains Advance Parole Travel Document? Which i read may take 2-3 months.

 

3) When would be the best time to apply for AoS for her? Should we just wait to use her K1 Visa for her entry in June 2019 (since she'll be staying for 2-3 months) and get married, and applied for Adjustment of Status (AoS) then?

 

4) Can she leave the country during this AoS period? She probably still needs to apply for Advance Parole Travel Document during this time frame and she still needs to return to her home country for family obligations at the end of August/September. 

 

5) I read about CR-1 for the first time today and sounds like it works way better for our intents and purposes. Is it worth it to do the CR-1 process now that we are at the end of K1 process already?

 

 

What should we do?

 

Any comment and suggestion would be greatly appreciated... i'm sure we'll have more questions.

 

Thank you!!!

[Brittani 484]

I believe once that K1 visa is issued in a passport and she comes over that's considered her 90 day time period. I may be wrong but I seem to remember someone else asking about this before (using an Esta after the K1 has been issued then using the K1 at a later date) and I don't believe it's allowed. Again other users correct me if I am wrong. I can't really answer the other questions because it all depends on how that works out for you two but after doing the K1 for my husband I would always, always recommend the CR1! He just got his EAD/AP like two weeks ago and we applied with his AOS back in early August just days after we married. My bank wouldn't even allow him to be added on my account because his SS# was so new. He had to provide some USCIS official document showing he is legally here and a NOA for our AOS wasn't good enough so he just now got added when his EAD/AP got here. He's also had trouble with his driver's license so take my advise and probably 90% of users on here. CR1 is the way to go. If I knew then what I know now we would have done that.

[C90 376]

Just now, jazzmailman said:

Hi all,

 

I have several questions... I did try my best to find answers on the forum first...

 

A little background... My fiance just recently passed her final K1 Interview and obtained her K1 VISA, which expires at the end of July. She currently has regular tourist visa on her original passport.

She is a flight attendant for a major airline so it isn't hard to fly in and out of country (hence the abnormal number of flights).

 

Our current plan is:

 

Feb 2019: she arrives in the US and we fly out to a different country for honeymoon, she then returns to her home country.

March 2019: she returns to the US with her parents and we officially get married in California, she then returns to her home country after a week in the US.

April 2019: she comes over again and stays for 1 month this time

May 2019: she returns to her home country due to family obligations for 3 weeks.

June-Sep 2019: she flies out to US again and then stay for 2-3 months this time... 

 

My question is:

 

1) When she first enters in February, can she use ESTA instead of K1 Visa? The K1 Visa is attached to her passport currently. We intend to get married when she returns again in March 2019. No, the next time she flies into the US they will admit here via her K1 visa. This is a ONE ENTRY visa. 

 

2) If she enters with K1 Visa in March, she can't really leave the country unless she obtains Advance Parole Travel Document? Which i read may take 2-3 months. Currently it takes 4-6 months with most EAD/AP's being issued after 5,5 months of filing. Also, keep in mind she can't work while waiting for AOS. Best to file AOS, EAD and AP at the same time so she can start working after about 4-6 months.

 

3) When would be the best time to apply for AoS for her? Should we just wait to use her K1 Visa for her entry in June 2019 (since she'll be staying for 2-3 months) and get married, and applied for Adjustment of Status (AoS) then? You should file AOS before her I-94 expires, since she'll be out of status after that and could be deported (she prob won't, but USCIS is allowed to deport her at that point) Best to file AOS right after you guys get married

 

4) Can she leave the country during this AoS period? She probably still needs to apply for Advance Parole Travel Document during this time frame and she still needs to return to her home country for family obligations at the end of August/September. Only with AP. If she leaves before that she abandons her AOS and she can't come back to the US

 

5) I read about CR-1 for the first time today and sounds like it works way better for our intents and purposes. Is it worth it to do the CR-1 process now that we are at the end of K1 process already? It seems like she already got her K1 visa right? In that case you should let USCIS know that she won't enter the country on K1 and that you want to cancel it. Expect a lot of questions on the CR-1 interview why you guys waited until the K1 visa was issued to decide on CR-1. Also, this visa takes about 1-2 years.

 

 

What should we do? The K1 visa is valid for 6 months after medical. If her medical wasn't too long ago the visa will prob still be valid after May 2019 and she can come over after that. She won't be able to visit you till that time tho, see answer 1

 

Any comment and suggestion would be greatly appreciated... i'm sure we'll have more questions.

 

Thank you!!!

 

Edited February 5, 2019 by C90

[Loren Y 2,731]

Don't enter on the K1 until you have some serious spare time. The chances of getting the AP card in 2-3 months is about .00000000001%. Not saying it couldn't happen, Current processing times are about 5 months for AP. With what you are planning definitely don't use the K1 until June, it is a one time use, and is canceled once used. Do not get married in March, and leave and then try to come back in on the K1 visa after you married, I am pretty sure things will be very bad for you if you do this as you have to enter on the K1 then get married in 90 days, and then file for AOS. You could let the K1 expire by never using it, then reapply for the CR1, but that is a 14 month wait because you would be starting from scratch again to get the CR1. I think if you use the K1 in June, then not plan on leaving for more like 5-6 months minimum, you will be ok.

 

From what other posters have said, looks like the next time she enters the US the K1 will be used, so the multiple trips you have planned won't work.

Edited February 5, 2019 by Loren Y

[aleful 1,905]

hi

 

not plausible, your fiancé will enter on a K1 visa, she can't leave once she enters

 

you have 90 days to marry, later you file for adjustment of status, the EAD is taking 5 to 7 months since the spousal petition is taking longer nowadays

 

travel and work permit are usually being done and sent in a combo card, so it's still 5 to 7 months

 

most of your plans you will have to change because they are unrealistic. no travelling and no working for a long time, you can have your honeymoon once she  gets her advance parole

 

if you marry now you will have to withdraw the k1 and start all over, the petition can take over a year for her to come

 

for her type of job, the k1 wasn't a good fit for you, she can't work, she can't travel, she will be stuck in the US, until she can get her EAD/AP in 5 to 7 months once you married and filed the adjustment of status.

 

the k1 trumps any type of tourist or visit visa, she must use it to enter the US

 

 

Edited February 5, 2019 by aleful

[aleful 1,905]

 

the only way it would work is if she travels, now, as soon as she enters you get married in Feb, and file in Feb/March, as soon as you can

 

no honeymoon for now, and wait for 4 + months for the EAD/AP, she would most likely get the combo card in Sept/Oct or maybe even in August

 

a lot of people do a court wedding and when possible the honeymoon

 

Edited February 5, 2019 by aleful

[streanor 405]

Sorry to say, as mentioned by others, your current plan is not possible.

Once she has the K1 visa in her passport the next time she travels to the US she can only use her K1 visa and she cannot leave the country until she has her Advanced Parole. I am currently waiting just over 5 months for my Advanced Parole and Work Permit since we filed AOS late August.

Edited February 5, 2019 by streanor

[lunareclipse 4]

Hi Brittani, C90, Loren Y, aleful, streanor,

 

I want to thank you for your prompt responses, it is really amazing that i received 4 replies in 15 minutes, so i want to thank you for that.

 

Honeymoon is a non-issue... we can change our routing and still go to honeymoon. it's the 3 non-refundable tickets in March that could be more problematic.

 

It seems to me that we should've definitely applied for CR-1 to begin with, instead of K1, that's proving to be a costly mistake right now.  However, with CR-1 taking at least another 12-15 months to complete, i don't think we have a choice other than to continue with the K1 process, then apply for AOS/EAP/AP after we officially get married.  Is there any way for me to send in those documents ahead of time? At least the AP part, so hopefully we don't need to wait that long for travel document.

 

It appears this process will take 5-6 months, so if she enters in June 2019, realistically she probably won't receive her AP until December 2019 or even January 2020?  And she absolutely cannot leave the US during these months? And there is no way to get AP sooner (I googled it and answer is no =/ )? She has a family business that requires her to return to her home country about every 3 months to take care of that for a couple of weeks, which is the reason why it's so crucial to some sort of travel waiver.

 

If there is no way to leave the country before AP is issued, does anyone have experience canceling K1 and starting CR-1 Visa process? I know we may encounter more questions and scrutiny, and if anyone has experience with that, it'd be great to hear. If it takes 12-15 months, we are looking at May 2020 for now. If i go with K1 and AOS/EAP/AP starting in June, we are looking at January 2020 at the earliest. 4 months difference doesn't seem too bad if it allows her to travel in between.

 

Another thing is - she has two passports, it is actually possible for her to get a US Tourist Visa on her 2nd passport.... if that works. And she also has SSN already (work study at Starbucks back in College), if that possibly makes the AOS/EAP/AP process faster.

Edited February 5, 2019 by jazzmailman
grammar

[C90 376]

Just now, jazzmailman said:

It appears that process will take 5-6 months, so if she enters in June 2019, realistically she probably won't receive her AP until December 2019 or even January 2020?  And she absolutely cannot leave the US during these months? And there is no way to get AP sooner (I googled it and answer is no =/ )? Make sure her visa is valid until June 2019. If so and you get married right away and apply for AOS/EAD/AP right away, she would prob have her EAD/AP somewhere between October 2019 and January 2020 if the processing times don't change. Keep in mind, some cases are a little faster then others and some are a little slower.

 

Also, what will be your local office? If you have a very quick local office, she could have her Green Card as soon as 2 or 3 months after applying for AOS (don't get your hopes up too much lol) Other offices have processing times for GC up to 33 months. 

 

She has a family business that requires her to return to her home country about every 3 months to take care of that for a couple of weeks, which is the reason why it's so crucial to some sort of travel waiver. Unfortunately this is not a reason for expedite, so in her case there's no way to speed up the AP process.

 

Another thing is - she has two passports, it is actually possible for her to get a US Tourist Visa on her 2nd passport.... if that helps. I'm pretty sure that if this is already possible (prob not) that's not going to go over well at CBP. Please don't try that

 

Edited February 5, 2019 by C90

[geowrian 22,335]

3 minutes ago, jazzmailman said:

It seems to me that we should've definitely applied for CR-1 to begin with, instead of K1.  However, with CR-1 taking at least another 12-15 months to complete, i don't think we have a choice other than to continue with the K1 process, then apply for AOS/EAP/AP after we officially get married.  

Bingo

 

3 minutes ago, jazzmailman said:

It appears that process will take 5-6 months, so if she enters in June 2019, realistically she probably won't receive her AP until December 2019 or even January 2020?  And she absolutely cannot leave the US during these months? And there is no way to get AP sooner (I googled it and answer is no =/ )? She has a family business that requires her to return to her home country about every 3 months to take care of that for a couple of weeks, which is the reason why it's so crucial to some sort of travel waiver.

She can request an expedite with a valid reason, although taking care of a foreign business is not a strong basis for doing so.

 

Keep in mind she'll be needing to report any income from this foreign business at tax time.

 

3 minutes ago, jazzmailman said:

If there is no way to leave the country before AP is issued, does anyone have experience canceling K1 and starting CR-1 Visa process? I know we may encounter more questions and scrutiny, and if anyone has experience with that, it'd be great to hear. If it takes 12-15 months, we are looking at May 2020 for now. If i go with K1 and AOS/EAP/AP starting in June, we are looking at January 2020 at the earliest. 4 months difference doesn't seem too bad if it allows her to travel in between.

No issue cancelling the K-1 and applying for a new visa. I don't think there would be additional scrutiny...just possibly a question.

There's actually nothing she needs to do...the visa will expire on its own, or she can enter using it and leave within 90 days. Since it's single use, it's dead after POE.

 

3 minutes ago, jazzmailman said:

Another thing is - she has two passports, it is actually possible for her to get a US Tourist Visa on her 2nd passport.... if that helps.

She can get a tourist visa on either passport, although ESTA would be the best approach. A declined visa application requires updating her ESTA application, which almost certainly will result in a denial for at least a period of time. This applies to the individual, not the passport.

 

That said, even ESTA entry may be problematic given a recent K-1 visa being issued. This implies immigrant intent, and immigrant intent is not permitted with an ESTA or tourist visa. But ESTA would still be much more likely than trying for a visa.

[aleful 1,905]

hi

 

there is nothing she can do, that's the downside of the k1, once the fiancé enters the country, the k1 becomes invalid, it is a one time use

 

the EAD and AP are part of the adjustment of status packet and only can be sent once married

 

 

[lunareclipse 4]

Thank you for the replies.

 

It appears that we are down in a rabbit hole and i just had an earful from the fiancee.

 

For EAD and AP, can we fill out beforehand and submit it right after we get married at City Hall? Or have to wait for marriage license to come.

 

We are seriously considering canceling K1 and re-applying for CR-1 Visa, as she still needs to work as a flight attendant till end of May. Her current K1 Visa expires on July 31st. Realistically she won't/can't stay in the US until June 2019, and probably have to leave before September 2019 for family obligations. I live in Orange County so i'm assuming the LA / Southern California office?

 

Cons:

 

- Possible additional scrutiny during the CR-1 Visa Application process.

- Possible declined Visa application which leads to updating ESTA which may further lead to a declined Tourist Visa I-94? This could affect her ability to work at her current job, and we might not be able to see each other in the US for a while. Or this is only the case if she chooses to apply for ESTA on her 2nd passport?

- Possibly 6 months longer till she get temporary green card

 

Pros:

 

- She can enter and leave with her ESTA Tourist Visa as usual (provided it's not revoked?), she can still visit the US like before.

- She basically obtains AOS/EAD the moment she enters with CR-1 Visa, no need to sit around for 6 months just doing nothing and waiting.

 

For CR-1, should we get married in her home country first then? Is there additional waiting period that she can't leave the country once she enters with CR-1 Visa?

 

Also, If she really can't stay more than 6 months during the AOS/EAD/AP process, is there any reason why we shouldn't cancel K1 and start over with CR-1?

 

Thank you!

Edited February 5, 2019 by jazzmailman

[aleful 1,905]

hi

 

no need of adjusting status for CR1

 

the wait is over a year because she will have an interview in her country and have the visa stamped in her passport, no more need of doing any other process in the US, she can work upon arriving, as well as travel

 

you will pay for the physical green card but immigration has up to 1 year to send it and that's why when she comes, she will have a stamp on her passport valid for 1 year

 

you can withdraw the k1 and marry anytime you want, if she has ESTA, she can visit you during the process

 

 

[geowrian 22,335]

12 minutes ago, jazzmailman said:

For EAD and AP, can we fill out beforehand and submit it right after we get married at City Hall? Or have to wait for marriage license to come.

The marriage certificate needs to be submitted with the AOS packet. The I-131 and I-765 are filed alongside AOS.

 

Quote

We are seriously considering canceling K1 and re-applying for CR-1 Visa, as she still needs to work as a flight attendant till end of May. Her current K1 Visa expires on July 31st. Realistically she won't/can't stay in the US until June 2019, and probably have to leave before September 2019 for family obligations. I live in Orange County so i'm assuming the LA / Southern California office?

If waiting until after the Sept. obligations are complete is a viable option, you can contact the embassy and see if they would be willing to cancel the K-1 visa and issue another one later. A new medical would be required, but it's a possibility. Not all COs may be open to doing so.

 

Quote

Cons:

 

- Possible additional scrutiny during the CR-1 Visa Application process. Others may disagree, but I wouldn't be worried about this point personally.

- Possible declined Visa application which leads to updating ESTA which may further lead to a declined Tourist Visa I-94? This could affect her ability to work at her current job, and we might not be able to see each other in the US for a while. Or this is only the case if she chooses to apply for ESTA on her 2nd passport?  If she is denied a tourist visa then she must update her ESTA. This applies to the individual, not the passport used, country applied in, etc. So I would not suggest the tourist visa route. She can still use her existing ESTA, but entry is at CBP's discretion. A recent K-1 visa may present additional scrutiny, but she may also be fine. Nobody can know what will happen beforehand.

- Possibly 6 months longer till she get temporary green card Not sure what is meant here.

 

Quote

Pros:

- She can enter and leave with her ESTA Tourist Visa as usual (provided it's not revoked?), so we can still see each other. Yes, again at CBP's discretion. The ESTA will not be revoked, but actual entry on the VWP may be with additional scrutiny.

- She basically obtains AOS/EAD the moment she enters with CR-1 Visa, no need to sit around for 6 months just doing nothing and waiting. The endorsed visa acts as a green card for 1 year. The physical card arrives later. A green card negates the need for an EAD or AP...she can work and travel immediately.

 

Edited February 5, 2019 by geowrian

[DaveAndAnastasia 2,078]

13 minutes ago, jazzmailman said:

For EAD and AP, can we fill out beforehand and submit it right after we get married at City Hall? Or have to wait for marriage license to come.

You need a copy of your marriage certificate to apply for AOS (and EAD and AP concurrently).

 

13 minutes ago, jazzmailman said:

 

We are seriously considering canceling K1 and re-applying for CR-1 Visa, as she still needs to work as a flight attendant till end of May. Her current K1 Visa expires on July 31st. Realistically she won't/can't stay in the US until June 2019, and probably have to leave before September 2019 for family obligations. I live in Orange County so i'm assuming the LA / Southern California office?

Your field office from Orange County is probably Santa Ana (you can check by putting your zip code in on the USCIS web site), but that doesn't help much; at least going by USCIS's processing times page, it's not any faster than the LA or LA County office.