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

[Jaquelly 1,647]

Yikes.

 

If you ARE married, which you are, then you need to get her added to whatever you can. Also, don't think you're smarter than the people who are giving you advice. Married somewhere is married everywhere, and now you're just trying to find more ways to waste money by not cancelling the K1 and just doing the CR-1.

[Crazy Cat 39,226]

7 hours ago, lunareclipse said:

Also when I started K1 application exactly a year ago, circumstances were a little different as well - we haven't had our wedding at the time (we held our wedding in Oct 2018, 9 months after the start of K1 paperwork), nor were we officially married (we still aren't as we were waiting for K1 Visa), wait time for AP wasn't as long... etc. K1 made perfect sense at the time.

By your own words, it really appears that you are not qualified for a K-1.  There is a strong chance that your K-1 will be denied at the interview........there have been numerous posters here over the last 3 years who can testify that you are taking a big, big risk.

 

Married is married.......

 

 

[geowrian 22,335]

Even if the "marriage" was not official or recognized, you're definitely tiptoeing on the the line. As others stated, people have been denied a K-1 for similar and lesser celebrations.

It sounds like the K-1 was already issued. That said, that doesn't negate any of the above. If CBP or USICS ever discover a prior marriage, it could create problems down the line if they determine the K-1 was issued incorrectly. Any subsequent benefits obtained would be at risk.

[Crazy Cat 39,226]

My mistake......I now see that the visa was issued.......sorry...........But it is still a potential problem for adjustment of status.  

[Carpe Vinum 2,310]

51 minutes ago, missileman said:

 

....N/A :-))))))

Edited February 5, 2019 by boris64

[Crazy Cat 39,226]

Just now, boris64 said:

 

Please see my post several minutes ago.....thanks.

[Carpe Vinum 2,310]

Just now, missileman said:

Please see my post several minutes ago.....thanks.

See my retraction several seconds ago))))

[Limey 550]

4 hours ago, belinda63 said:

Either you are married or you are not. If you present a wedding certificate dated prior to receiving the K-1 and from another country that may or may not present issues of fraud. 

Why not have her use the K-1 since she already has it, come to the US and get married. She can leave with no problem. Then you can begin the CR-1 process which will take over 1 year.

Once the CR-1 is granted and she enters the US she will receive a stamp in her passport which acts as a green card for one year. 

With what we've been told already about a marriage ceremony, what you are suggesting is to fraudulently use the k1.

 

This seems a classic case of being too married for a k1, but not married enough for a CR1 (since it was stated that there was no registration/documents, and those would be required for CR1).

As I think OP has found out, it's a little late unfortunately to be here reading up about k1s and CR1s and the rules/restrictions relating to those at this late stage.

Edited February 5, 2019 by Limey

[Paul & Mallory 1,398]

Oh my.

 

First and foremost - I think anyone here would strongly implore you to research, research, research. As much as you feel necessary, and then some more after that. It would seem excessive research beforehand might have saved you and your partner a lot of unnecessary wait time, actions, and money.

 

Me personally, if she's passed her interview and has been granted the K1 visa, it seems so crazy to walk away from this process now only to start over with a new one. In case it hasn't been said, or acknowledged, already - please understand that quitting the K1 and pursuing CR1 does not mean any prior information/evidence given, money spent, or time spent towards the K1 will be applicable to the CR1. It will not matter that you tried K1 first, or were even approved - you will be starting over from scratch. Based on what you've shared so far, that would be my biggest piece of advice at this point. Make sure you BOTH understand that before forfeiting anything. Because once it's forfeited, there is no getting it back again. For example - you quit K1 to pursue CR1, then change your mind and wish to follow through with the previous K1. It's not possible, and you would in turn have to start over again from the beginning either way.

 

As others have said - she can't enter, exit, re-enter, etc., the country multiple times on a K1. That's not the point of a K1. She would need to enter with the K1, and stay until adjustment of status is complete, or until AP is granted. Yes, AP takes a few months as well. Any job held outside of the US will be irrelevant, including any work obligations to that job. Sounds like the two of you need to weigh your liabilities and decide what is the priority for you, currently and long term. Starting anything over again at this point will likely set you back another year or longer, till end game (green card).

 

Best of luck to you.

[carmel34 3,531]

Seems like you have two choices, here's my two cents, having weighed both options with my husband before we decided to go with CR-1.

 

1.  She enters with K-1 visa already issued, gets legally married here, files AOS, stays 5-6 months waiting for AP/EAD, quits her job as a flight attendant before leaving her home country to immigrate on the K-1.  After the 5-6 months she can travel again, but only for short periods of time to visit.  After getting EAD she could work as a fight attendant for a US airline.  Under this option she might have to give up her business in her home country, or find someone else to run it for her.  With this scenario she may have a problem at POE entering on the K-1 if the prior "marriage" is discovered, she could even be refused entry and have a black mark on her record for visa fraud that could cause problems if you file for a CR-1 later.  Seems like a risky option, but you might be able to be together immediately in the US, as soon as she can quit her job and travel to the US on the K-1 she has.

 

2.  Forget the K-1 and get legally married anywhere immediately, file CR-1 after you get the marriage certificate, and she continues to work as a flight attendant and run her business, living in her home country for 14-16 months waiting for the CR-1, then after that she immigrates and can work in the US immediately, and travel back home for short visits to attend to her business.  This option is a longer period apart but she could keep working as flight attendant while waiting and keep up the business she has.  The only other drawback of this option is potentially being refused entry at POE  if she wanted to visit the US during the 14-16 month waiting period, because of the CR-1, there is perceived intent to stay and adjust status which is illegal.

 

Good luck.  Weigh the strengths and weaknesses, risks, time apart, etc.  I would personally recommend option 2.  And you can go and visit her as often as you want to during the year waiting for the CR-1 if she can't enter the US to visit you.

[theresaL 408]

I agree with @carmel34 that option 2 is the best choice. Don't forget if she continues to work as a flight attendant you would qualify to receive travel benefits as a spouse. You would need to look into what her employer offers as each airline is different. My ex-husband worked for a major airline and I could travel space available  $10 each direction in coach or $20 each way first class for domestic flights and $50 each direction international. Travel costs to visit each other while the CR1 processes would not be too restrictive. Just something to think about.

[C90 376]

12 hours ago, lunareclipse said:

Like other people already said, be very careful with the whole wedding thing. If USCIS finds out down the line she wasn't eligible for K1, they can terminate her status. Even citizenship can be terminated when she received it the wrong way. 

 

3) When she uses ESTA to enter the US for the next 12-15 months, will she get extra scrutiny on why she canceled her K1? Even denied entry? If this happens then this could be a serious issue, as then her job as a flight attendant is on the line. I know geowrian previously answered that it is possible to face extra scrutiny at CBP for trying to enter with ESTA, but wondering if anyone else can chime in. Personally i don't believe it will be an issue as most CBP officers i encountered are more or less rational, if she explains to them why we decided to pursue a different type of Visa and shows a valid return ticket, that should be fine. But again that's just my conjecture. CBP basically has one job: Make sure that people don't get into this country with the wrong intentions. If they suspect she's entering the country on ESTA to stay and adjust status (doesn't matter if she is or isn't), they have the right to terminate her ESTA and put her on the first flight back home. That said, tons of people have travelled on ESTA while the visa was pending and have been admitted.

They might give her a harder time entering the country and asking why she abandoned one visa and right after applied for another. If it will prevent her from entering, there's no one who can really answer that, it's completely up to the CBP officer, but it doesn't automatically make her inadmissible.

 

On K1 Visa...

 

 

I read on some forums that perhaps having a local government representative push can help facilitate the AP/EAD process a little bit... from 5.5 months to 4.5 months. Any thoughts on this? Nope, that's only if for example you're months outside processing times and USCIS just doesn't give you any updates. No congressman will want to help you just because your wife wants to go back to her home country to maintain her own business. It's not only by them, but also by USCIS and (I think) everyone on this forum frowned upon. We all want to start working and traveling asap, but we all have to wait our turn.

 

 

3 Months and you still haven't received anything right?

 

I'm sure i'll have more questions later... again, thank you for all the replies!

 

 

 

 

Edited February 5, 2019 by C90

[Limey 550]

3 hours ago, Paul & Mallory said:

Me personally, if she's passed her interview and has been granted the K1 visa, it seems so crazy to walk away from this process now only to start over with a new one.

 

This isn't an option. OP has already stated...

 

"Also when I started K1 application exactly a year ago, circumstances were a little different as well - we haven't had our wedding at the time (we held our wedding in Oct 2018, 9 months after the start of K1 paperwork), nor were we officially married (we still aren't as we were waiting for K1 Visa), wait time for AP wasn't as long... etc. K1 made perfect sense at the time."

 

There are numerous threads on here about the views of USCIS on this matter. Any form of marriage ceremony is likely to be interpreted that the parties are married and therefore not eligible for a k1. In many of those threads people also insisted that it wasn't a valid marriage, wasn't registered etc. That doesn't matter - if a marriage ceremony take place, the parties are not eligible for k1 as far as USCIS is concerned. Concealing the wedding from them and continuing to use the K1 is visa fraud. If discovered not only would the k1 be in doubt, but any future attempt for a visa.
 

Its unfortunate, but that's the rules. In any case it sounds like k1 would not be possible with the requirements that OP has, and that a CR1 would be a better fit. It may however prove tricky to enter on ESTA with an abandoned k1.

 

 

 

 

Edited February 5, 2019 by Limey

[Paul & Mallory 1,398]

3 minutes ago, Limey said:

 

This isn't an option. OP has already stated...

 

"Also when I started K1 application exactly a year ago, circumstances were a little different as well - we haven't had our wedding at the time (we held our wedding in Oct 2018, 9 months after the start of K1 paperwork), nor were we officially married (we still aren't as we were waiting for K1 Visa), wait time for AP wasn't as long... etc. K1 made perfect sense at the time."

 

There are numerous threads on here about the views of USCIS on this matter. Any form of marriage ceremony is likely to be interpreted that the parties are married and therefore not eligible for a k1. In many of those threads people also insisted that it wasn't a valid marriage, wasn't registered etc. That doesn't matter - if a marriage ceremony take place, the parties are not eligible for k1 as far as USCIS is concerned. Concealing the wedding from them and continuing to use the K1 is visa fraud. If discovered not only would the k1 be in doubt, but any future attempt for a visa.
 

Its unfortunate, but that's the rules. In any case it sounds like k1 would not be possible with the requirements that OP has, and that a CR1 would be a better fit. It may however prove tricky to enter on ESTA with an abandoned k1.

 

 

 

 

I beg your pardon, then.

 

I was basing that on the OP stating the K1 had already been approved and issued.

 

Edit to adjust my prior statement in my last post to say - it's wild to me to go through all of the aforementioned, only to get married anyway and nullify the K1 visa in itself. Understanding life happens and some situations are unavoidable - but not always the case.

Edited February 5, 2019 by Paul & Mallory

[usmsbow 795]

59 minutes ago, Limey said:

 

This isn't an option. OP has already stated...

 

"Also when I started K1 application exactly a year ago, circumstances were a little different as well - we haven't had our wedding at the time (we held our wedding in Oct 2018, 9 months after the start of K1 paperwork), nor were we officially married (we still aren't as we were waiting for K1 Visa), wait time for AP wasn't as long... etc. K1 made perfect sense at the time."

 

There are numerous threads on here about the views of USCIS on this matter. Any form of marriage ceremony is likely to be interpreted that the parties are married and therefore not eligible for a k1. In many of those threads people also insisted that it wasn't a valid marriage, wasn't registered etc. That doesn't matter - if a marriage ceremony take place, the parties are not eligible for k1 as far as USCIS is concerned. Concealing the wedding from them and continuing to use the K1 is visa fraud. If discovered not only would the k1 be in doubt, but any future attempt for a visa.
 

Its unfortunate, but that's the rules. In any case it sounds like k1 would not be possible with the requirements that OP has, and that a CR1 would be a better fit. It may however prove tricky to enter on ESTA with an abandoned k1.

 

 

 

 

 

She received the K-1 visa already. They are not legally married. There aren't any (legal) problems with her visa or entering the USA with it. They wouldn't be committing any fraud either. 

 

All the threads you are referring to are generally at the consulate stage during the interview, and not with USCIS. 

 

That being said, due to their circumstances, I'd skip the K-1/AOS route and go with the CR-1.