Cancelled K1 Application..

[questions420 2]

Hey guys,

 

So me and my partner nearly completed our k1 visa almost 2 years ago but then cancelled it right before the embassy visit as we decided we weren't ready to get married.

 

We split up but got back together recently. If I were to visit her and spontaneously get married, would the previous K1 application hinder our chances of the adjustment of status from ESTA to Green card being approved? 

 

Anyone have any experience with this situation?

 

Thanks

[Crazy Cat 41,981]

You can not enter the US with the intent to adjust status via ESTA.    That is immigration and fraud......

[LoveAlways2 90]

Planing to enter the country and adjust status with ESTA is fraud. You should get married, and to a CR1 or start again with the K1 visa.

[payxibka 10,045]

4 minutes ago, questions420 said:

Hey guys,

 

So me and my partner nearly completed our k1 visa almost 2 years ago but then cancelled it right before the embassy visit as we decided we weren't ready to get married.

 

We split up but got back together recently. If I were to visit her and spontaneously get married, would the previous K1 application hinder our chances of the adjustment of status from ESTA to Green card being approved? 

 

Anyone have any experience with this situation?

 

Thanks

Doesn't sound spontaneous 

[Crazy Cat 41,981]

You can visit, marry, then leave before the expiration of your I-94.........but you can not stay and adjust status.

[questions420 2]

I'm not saying we are planning to, I'm just curious as to if it happened would it effect the application? 

[Crazy Cat 41,981]

7 minutes ago, questions420 said:

I'm not saying we are planning to, I'm just curious as to if it happened would it effect the application? 

Now you know that it is not a legal option.......next question?

Edited June 7, 2019 by missileman

[questions420 2]

I understand, thanks for your help. Back to the k1 it is. Thanks

[Crazy Cat 41,981]

9 minutes ago, questions420 said:

I understand, thanks for your help. Back to the k1 it is. Thanks

Why not a CR-1?

Every couple has their own priorities, and each couple must decide which visa is better for their situation.

K-1
    Slightly faster arrival in the US (currently about 5 months sooner)    
    More expensive than CR-1    
    Requires Adjustment of Status after marriage (expensive and requires a lot of paperwork)    
    Spouse can not leave the US until she/he receives approved Advance Parole (approx 5-6 months)    
    Spouse can not work until she/he receives EAD (approx 5-6 months)    
    Some people have had problems with driver licenses, Social Security cards, leases, bank account during this period    
    Spouse will not receive Green Card for many months after Adjustment of Status is filed.

  

CR-1
    Slightly slower arrival in the US (currently about 5 months later)

    Less expensive than K-1    
    No Adjustment of Status(I-485, I-131, I-765) required.    
    Spouse can immediately travel outside the US    
    Spouse is authorized to work immediately upon arrival.    
    Spouse receives Social Security Card and Green Card within 2 or 3 weeks after entering the US    
    Opening a bank account, getting a driver's license, etc. are very easily accomplished with GC, SS card, and passport.

    Spouse has legal permanent Resident status IMMEDIATELY upon entry to US.
  �

[Cryssiekins 976]

14 hours ago, questions420 said:

I understand, thanks for your help. Back to the k1 it is. Thanks

If you’re going to go through the whole thing again, just marry on your visit here (making sure to return home), and file the CR1.  At this point it makes more sense, and that way you’re not waiting 6+ months to work or travel. 

[TBoneTX 45,540]

A noncontributory post has been removed.  Post constructively, or refrain from posting.

[debbiedoo 2,339]

it doesnt sound spontaneous to me but no, it would have no effect on it.

 

spontaneously deciding to get married was what happened to us, but we were nearly done with the k1 process, and he was here for xmas and asked me what i wanted and i said to get married, so pretty much did within 2/3 days on xmas eve (in our home with no fanfare of anykind, our family and friends were already here anyways and only 1 of them knew we were getting married that day lol). unfortunately it also meant most of his clothes were left in canada, we have a storage unit we are paying for up there, has hasnt been able to work (but did just get his ead expedited and approved and should start his new job in a couple of weeks), and ... yadda yadda yadda. financially that stuff doesnt make a huge difference for me, but for many it would.

 

Just get married and file a CR1 and wait it out- timeframes are much faster now than they were a year ago when we were going through the k1 process. ill assume the same for cr1 but im not sure. dont underestimate how very hard it is to not work if that is part of who you are. and we are renovating our house, so hes had stuff to do (and i work from home so he has company during the day). most people i would daresay are not in that position.

 

 

[JFH 12,190]

Since you have the luxury of being able to spontaneously visit and marry, you should give the CR-1 some thought. 

 

Nowadays, the K-1 serves little purpose to people of working age from VWP countries. It’s an overpriced tourist vids that allows you to stay  and apply for residency if you marry a certain person in a place and timeframe set by the government and pay even more fees. Until that’s all complete, you are not much more than a tourist here, unable to work, in some states unable to drive, and also unable to leave the country. 

 

The K-1 is not much faster these days. And the AOS process has really slowed down. 

 

The only “benefit” that the K-1 provides to people in your situation is that you can live together immediately after marriage. To me that’s not such a big deal and not something that’s worth spending a lot more money on, living in limbo status for months, unable to work or travel overseas. For us, being apart was being apart. We survived it before marriage so we survived it after marriage. We were the same people as before. It wasn’t easy but it wasn’t unthinkable. 

[LaBeach 29]

For those advising marrying in the other country, that could be costly which might even out the cost of K-1 over CR1. Depending on whether the other country is english speaking or not, there are other costs of translating to documents etc.