Does having kids speed up the K1 process?

[Jamdie 27]

5 minutes ago, aaron2020 said:

You can visit while applying for a CR-1.  VJ has a pinned thread on this at the top of this subforum.  

 

Your brother left the US during his AOS without AP or never filed.  That's why he was stuck.  Very different than if you filed for a CR-1.

Ah right, ok. So he must have not filed then as you say. I just remember him leaving and saying he can’t go back now. So he should have adjusted out there. 

[aaron2020 11,651]

Once the K-1 beneficiary enters the US, it's marriage and then AOS.  With the AOS, it's taking 5-7 months to get the EAD allowing him to legally work.

 

Once a CR-1 beneficiary enters the US, a green card is automatic and so is work authorization.

 

A K-1 or CR-1 can visit during the process.  (Your brother screwed up by not understanding the need for an immigrant visa once he married and left the US.)  

 

This is why it seems odd.  If the ability to legally work immediately is important, then the CR-1 is better than the K-1.  

 

How far along are you on the K1?  Are you fine with the immigrant not being able to legally work for 5-7 months?

Edited April 1, 2019 by aaron2020

[carmel34 3,531]

It's easier to get an expedite for financial hardship of the USC spouse if you had gotten married somewhere and filed a CR-1 since you could work immediately on entering the US.  With a K-1 expedite you still have to get married in the US after entry and then apply for EAD and get approved before you could work and this takes 5-7 months so less reason for an expedite.  You can try, there is no cost for an expedite request and financial hardship of the USC has worked before in similar circumstances but it was a CR-1 expedite who posted on our July 2018 CR-1 thread.  Good luck!

[Jamdie 27]

1 hour ago, aaron2020 said:

Once the K-1 beneficiary enters the US, it's marriage and then AOS.  With the AOS, it's taking 5-7 months to get the EAD allowing him to legally work.

 

Once a CR-1 beneficiary enters the US, a green card is automatic and so is work authorization.

 

A K-1 or CR-1 can visit during the process.  (Your brother screwed up by not understanding the need for an immigrant visa once he married and left the US.)  

 

This is why it seems odd.  If the ability to legally work immediately is important, then the CR-1 is better than the K-1.  

 

How far along are you on the K1?  Are you fine with the immigrant not being able to legally work for 5-7 months?

This is really helpful, thank you. We have submitted the paperwork for K1 and have provision to last during the period I cannot work. My prior knowledge of thinking I couldn’t visit with CR1 is what swayed us to take K1 in the first place. Hindsight! Again, thank you for the clarification. 

[Jamdie 27]

1 hour ago, Wuozopo said:

If you are denied any visa...K1, CR1, B1/B2...then you can lose visa waiver privileges to travel visa free (ESTA). Is there a reason you might be denied? Was your brother denied his CR1? I don't see why marrying in the US and returning to Wales "essentially kicked himself out of the US" unless he overstayed his allowed 90 day entry on visa waiver.

Thank you for this info. There is no reason for my denial other than the income issue. I have no convictions or anything. My brother wasn’t denied luckily. But it did take 18 months for him as he was consistently questioned as to why he married on an esta. Again, thank you for your info. 

[Boiler 43,433]

Sounds like your Brother overstayed, anyway his situation is not yours.

[Ash.1101 1,755]

No.

 

my husband needed TWO cosponsors for his fiancé visa because I was a single mom struggling financially. My mom was the first co-sponsor, made more than the required, but they felt that it wasn’t enough so they gave him a 221g and asked for another sponsor. They accepted all of the paperwork for my mother, and said another cosponsor would be better insurance that he wouldn’t become a public charge.

 

so we had myself, my mom, and our friend provide I-134 and proofs for K-1. For AOS it was just myself and my mom, sent in all of the same info for AOS so nothing changed.

 

while now we make WAY more than enough to have four more kids and still meet the guidelines, there’s no way that USCIS could have known that, nor was it worth the risk to them.

[SalishSea 16,770]

9 hours ago, Jamdie said:

He married his wife over there on an esta and then returned home. I believe if he tried to enter again it would be noted he married a citizen and he would be denied entry for breaking terms of an esta. I remember he couldn’t visit so she had to come here all the time. 

This does not make sense.  

[SalishSea 16,770]

6 hours ago, carmel34 said:

It's easier to get an expedite for financial hardship of the USC spouse if you had gotten married somewhere and filed a CR-1 since you could work immediately on entering the US.  With a K-1 expedite you still have to get married in the US after entry and then apply for EAD and get approved before you could work and this takes 5-7 months so less reason for an expedite.  You can try, there is no cost for an expedite request and financial hardship of the USC has worked before in similar circumstances but it was a CR-1 expedite who posted on our July 2018 CR-1 thread.  Good luck!

Financial hardship for K-1 expedite does not make sense.  There is no "loss of income" for being separated from a fiancé, as that is not a legal status like husband or wife.

[Jamdie 27]

14 minutes ago, Ash.1101 said:

No.

 

my husband needed TWO cosponsors for his fiancé visa because I was a single mom struggling financially. My mom was the first co-sponsor, made more than the required, but they felt that it wasn’t enough so they gave him a 221g and asked for another sponsor. They accepted all of the paperwork for my mother, and said another cosponsor would be better insurance that he wouldn’t become a public charge.

 

so we had myself, my mom, and our friend provide I-134 and proofs for K-1. For AOS it was just myself and my mom, sent in all of the same info for AOS so nothing changed.

 

while now we make WAY more than enough to have four more kids and still meet the guidelines, there’s no way that USCIS could have known that, nor was it worth the risk to them.

Thank you so much for this info. Mandie was hoping that someone in a similar situation may read this and reach out. Again, thank you. 

[Jamdie 27]

Thank you everyone for taking the time out of your day to read this and respond today. It is most helpful and very kind of you to offer advice and experience during this period of our lives. You have my absolute thanks. 

 

James 

[Georgia16 2,858]

Would  definately go the CR-1 route in your situation with not a lot of income. 

 

As said aid before he can’t work for a long time with the K-1 and in most states also drive so he can’t help you much that involves driving like taking your kids places or getting groseries or stuff like that to help while he can’t work either. 

 If kids would make it faster you would see a lot getting kids all the sudden. 

 

Wish you good luck. 

 

[Wuozopo 4,285]

2 hours ago, Jamdie said:

Thank you so much for this info. Mandie was hoping that someone in a similar situation may read this and reach out. Again, thank you. 

That is Canadian information about TWO sponsors plus fiancé. Each embassy is different when you get to that point. London is not going to be difficult. Use one of your parents who makes enough to provide the I-134. It will be accepted. It has always been this way for the 10 years I have been reading the UK forum experiences.  Here's the most recent example from O-J of a week ago that is smilar to your situation. 

 

https://www.visajourney.com/reviews/view-dos-cis-reviews.php?entry=25861

[Sarah&Facundo 576]

Unfortunately if anything, it is the opposite of what you're thinking. She would now have to prove she can support herself, two kids, PLUS you. As the USC she needs to prove she can provide for you without you having a job--at all. After the two of you get married, the wait for a work permit (EAD) would be at least 5-7 months (although I personally know a couple who waited 11 months since the USCIS made a clerical error).  Although you would surely need a co-sponsor, I would go the route of CR-1. It's a longer wait, but you would have the EAD upon entry and could apply for jobs right away. You can visit the US while waiting on either K1 or CR1 as long as you are in good standing. 

[JFH 12,189]

12 hours ago, Jamdie said:

He married his wife over there on an esta and then returned home. I believe if he tried to enter again it would be noted he married a citizen and he would be denied entry for breaking terms of an esta. I remember he couldn’t visit so she had to come here all the time. 

Complete nonsense. Whoever told him that was an idiot. It’s not illegal to be married to a USC. It’s not illegal to marry on the VWP. I did exactly that. And continued to visit as my husband has a ban from the U.K so I had to do all the traveling (plus I work for an airline). I racked up over 40 visits before I got my CR-1 visa.