Divorce and Remarry: Getting to the US Faster on a K-1 Visa?

[Barefootek 9]

Since the timeline for K1 visas appears to be about 4 months faster, would divorcing and remarrying be an option? I certainly don't like that option, but if it saves me 4 months then I might have to think about it. I have not filed anything in the US. Could we just have another ceremony there? Since her ID shows her being married, I am assuming the answer would be no on that one. 

[debbiedoo 2,339]

you are married. you file a CR1. anything else could be interpreted as immigration fraud.

[Roel 7,191]

I'm sorry what?

This is extremely absurd. Just stick with the spouse Visa and you wont have to deal with 12 months of AOS process after K1 Visa. Not to mention if I was a consular officer and see in my file that this couple was married, then divorced and immediately applied for K1 so they can get married again - I'd throw it into the "scam" folder. 

Edited June 22, 2019 by Roel

[Unidentified 2,930]

22 minutes ago, Barefootek said:

Since the timeline for K1 visas appears to be about 4 months faster, would divorcing and remarrying be an option? I certainly don't like that option, but if it saves me 4 months then I might have to think about it. I have not filed anything in the US. Could we just have another ceremony there? Since her ID shows her being married, I am assuming the answer would be no on that one. 

By the time you have gone through the whole divorce process you would have already been approved for a spousal visa. Just go with the spousal visa, no need to complicate things further. 🤦‍♀️  Plus you would probably just get more questions about why you got divorced and decide to re-marry. 

[Crazy Cat 39,227]

26 minutes ago, Barefootek said:

Since the timeline for K1 visas appears to be about 4 months faster, would divorcing and remarrying be an option? I certainly don't like that option, but if it saves me 4 months then I might have to think about it. I have not filed anything in the US. Could we just have another ceremony there? Since her ID shows her being married, I am assuming the answer would be no on that one. 

Have you evaluated the real differences between a K-1 and a CR-1?   

 

K-1
    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
    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.
  �

 

Edited June 22, 2019 by missileman

[Just Paul 4,591]

LOL,  No. 

[Barefootek 9]

I understand that the idea is extreme, but I, being the one considering it, don't understand the idea being absurd. Going through the BS of adjustment of status does not sound like a bad trade off for getting my wife and newborn daughter to the US 4 months faster. Four months is a long time to miss out of my daughter's life, not to mention that of my wife. I don't know if I would make the choice, but I am curious if it is an option. My concern would be that the K1 visa would be declined because of trying to work the system. 

[Unidentified 2,930]

Just now, missileman said:

Have you evaluated the real differences between a K-1 and a CR-1?   

This! ^

 

You realize IF you were to do this (please don't, it's dumb sorry) your spouse would be unable to work for at least 6 months because the wait for a work permit is ridiculous. If you go the spousal visa route your spouse would be able to work right away. 

[USS_Voyager 1,971]

I can imagine anybody in their right mind would give you a K1 for that situation. You will be denied in a second.

[Unidentified 2,930]

Just now, Barefootek said:

I understand that the idea is extreme, but I, being the one considering it, don't understand the idea being absurd. Going through the BS of adjustment of status does not sound like a bad trade off for getting my wife and newborn daughter to the US 4 months faster. Four months is a long time to miss out of my daughter's life, not to mention that of my wife. I don't know if I would make the choice, but I am curious if it is an option. My concern would be that the K1 visa would be declined because of trying to work the system. 

It wouldn't be 4 months faster by the time you're done with the divorce process... Plus she wouldn't be able to work for at least 6 months. Yeah, they will probably give you more scrutiny for doing it. 

[Crazy Cat 39,227]

Just now, Barefootek said:

Going through the BS of adjustment of status does not sound like a bad trade off for getting my wife and newborn daughter to the US 4 months faster.

Really?  Maybe  you should ask the people who have experienced Adjustment of Status.....I think you would find that they strongly disagree.

[Boiler 43,434]

Have you discussed this issue with your Divorce Lawyer, how long would it take to get a divorce, what about financial settlements and their consequences, child support etc.

[Gomast 65]

Let’s see: you get divorced, apply for k-1, and in the interview they’ll find it very shady and throw you into the black hole called “administrative processing” which would take months to clear and it’s doubtful whether the’ll approve you. Then you’ll have to get married again to show that despite your divorce you actually had intentions to get married. 

[SalishSea 16,770]

You could try that and report back?  We would all be extremely interested to see how it works out for you.

[Crazy Cat 39,227]

5 minutes ago, Barefootek said:

Four months is a long time to miss out of my daughter's life, not to mention that of my wife.

My guess is that you have never been in the military.....

Just now, Jorgedig said:

You could try that and report back?  We would all be extremely interested to see how it works out for you.

and then report back in a year, and let us know if it was a good idea......