K1 to cr1? Bad idea?

[Seanandrach 39]

So I entered with K1 visa on July 4th and we married Sept 30th (cut it fine but partner was dealing with recovering from cancer surgery). Because if the medical bills and him not working for 11 weeks, money is tight. We've discussed me going back to work in UK to save and go for the CR1 visa instead of applying for AOS. I know that seems crazy as we already went through the long stressful k1 and it would be another 9-12 months wait but financially it makes sense to us. I'd be able to come back and buy a car and support us.  It's also the cabin fever driving me crazy as I don't get to go out unless we go shopping and I don't have any friends here. 

Also, because of the medical bills, he's planning on filing for bankruptcy. 

Will this effect the cr1 if we go down that route? 

What should we do? Any experience doing k1 AND CR1? 

 

[geowrian 22,335]

This is a viable option. You are not required to file for AOS - you can leave before the 90 days are up and get a new visa just fine.

The main potential challenge would be him being a financial sponsor still.

 

I hope the surgery went well and is and remains in good shape. Fight the fight.

 

Edit: I just saw your timeline. Seems like POE was early July, which was over 90 days ago. If you haven't yet filed the I-485, or if you filed it after the 90 days, then you have at least 1 day of overstay and your VWP privileges are gone forever. You would need a tourist visa to visit in the future (if you want to visit before getting the CR-1).

Edited November 7, 2019 by geowrian

[aaron2020 11,651]

Hi,

 

Sorry you've hit a rough patch.

 

Please consider that it may take 12-18 months for a CR-1 visa, you may not be able to visit him if ESTA and a visitor visa are denied, and possibly needing a Joint Sponsor.

 

Best of luck.

[Seanandrach 39]

Eeek, the 90 days ended early October. We should have married before the surgery but he was having radiotherapy and it was a stressful time. So I'm out of status currently, I guess. Will that also be a problem filing for CR1? Technically, overstayed? 

Yeah that's why I thought it better to file AOS as we could file it before he files for bankruptcy, but again money is an issue. 

 

Thank you so much, he's doing great 😊

[payxibka 10,044]

5 minutes ago, Seanandrach said:

Eeek, the 90 days ended early October. We should have married before the surgery but he was having radiotherapy and it was a stressful time. So I'm out of status currently, I guess. Will that also be a problem filing for CR1? Technically, overstayed? 

Yeah that's why I thought it better to file AOS as we could file it before he files for bankruptcy, but again money is an issue. 

 

Thank you so much, he's doing great 😊

You would need to leave before incurring a ban.  

Edited November 7, 2019 by payxibka

[Seanandrach 39]

3 minutes ago, aaron2020 said:

Hi,

 

Sorry you've hit a rough patch.

 

Please consider that it may take 12-18 months for a CR-1 visa, you may not be able to visit him if ESTA and a visitor visa are denied, and possibly needing a Joint Sponsor.

 

Best of luck.

That is brutal.. Yeah, I kinda thought it might be the case if he does file for bankruptcy that we'd need another sponsor. He has a great job, it's just the medical bills coupled with paying $1200 a month for his daughter college and him not working left him broke. 

This is going to be a hard decision! 

Thank you

 

[aaron2020 11,651]

13 minutes ago, Seanandrach said:

Eeek, the 90 days ended early October. We should have married before the surgery but he was having radiotherapy and it was a stressful time. So I'm out of status currently, I guess. Will that also be a problem filing for CR1? Technically, overstayed? 

Yeah that's why I thought it better to file AOS as we could file it before he files for bankruptcy, but again money is an issue. 

 

Thank you so much, he's doing great 😊

Violating the terms of the VWP (ESTA) will not affect the CR-1.

 

It will affect your ability to visit the US.  Since you've violated the terms of the VWP, you are unlikely to get ESTA again.  You would likely be denied a visitor visa because of your overstay and immigrant intent.  You will probably not be able to visit him while your CR-1 is processing.

 

Consider staying and trying to expedite your EAD.  Your spouse getting sick and not being able to work may be considered a financial hardship that you could not foresee.  

Do you have a Joint Sponsor?

Edited November 7, 2019 by aaron2020

[aaron2020 11,651]

1 minute ago, Seanandrach said:

That is brutal.. Yeah, I kinda thought it might be the case if he does file for bankruptcy that we'd need another sponsor. He has a great job, it's just the medical bills coupled with paying $1200 a month for his daughter college and him not working left him broke. 

This is going to be a hard decision! 

Thank you

 

The bankruptcy does not affect the I-864 and is not considered.  Being broke does not matter.  Debts does not matter.

 

Not working would affect his current income for the I-864.  

 

4 minutes ago, payxibka said:

You would need to leave before incurring a ban.  

She has other options beside leaving.

[payxibka 10,044]

Just now, aaron2020 said:

 

She has other options beside leaving.

Didn't say anything to the contrary .  Answer was specific to any potential effect on CR1, 

[carmel34 3,531]

Tough decision for sure.  I would suggest that you file AOS paperwork immediately and also request an expedite for your EAD so that you can work in the US as soon as possible based on the medical expenses and bankruptcy situation.  You could also find a job and submit the job offer with the expedite paperwork, based on financial hardship reasons.  If that doesn't work, then return to the UK, work and earn income there, and your spouse could file an I-130 petition for a spousal visa.  Sorry you are going through this.  Good luck!

[Seanandrach 39]

48 minutes ago, carmel34 said:

Tough decision for sure.  I would suggest that you file AOS paperwork immediately and also request an expedite for your EAD so that you can work in the US as soon as possible based on the medical expenses and bankruptcy situation.  You could also find a job and submit the job offer with the expedite paperwork, based on financial hardship reasons.  If that doesn't work, then return to the UK, work and earn income there, and your spouse could file an I-130 petition for a spousal visa.  Sorry you are going through this.  Good luck!

Thank you, I think this is the best option

 

If successful expediting, so you get advanced parole document as well as EAD? I have a job in UK to go to and id rather do that than work in USA right now as I can't drive here and wouldn't be able to get to a job

[geowrian 22,335]

2 minutes ago, Seanandrach said:

Thank you, I think this is the best option

 

If successful expediting, so you get advanced parole document as well as EAD? I have a job in UK to go to and id rather do that than work in USA right now as I can't drive here and wouldn't be able to get to a job

You would need to expedite AP. Unfortunately, a job is unlikely to qualify as a reason for an expedite there (but there is no harm in trying).

Expediting the EAD (and hoping for a combo card) based on a job that does not require an EAD wouldn't make sense.

[HRQX 4,145]

4 hours ago, Seanandrach said:

Will that also be a problem filing for CR1? Technically, overstayed?

3 year bar if you "accrue more than 180 days, but less than one year, of unlawful presence" https://www.americanimmigrationcouncil.org/research/three-and-ten-year-bars

[Seanandrach 39]

So it pretty much sounds like my only real option is to apply AOS asap or face being banned and/or denied an Esta and not being able to come until the CR-1 is processed? 

[SalishSea 16,770]

So sorry to hear.  In your situation, I would try to stay in the US if you can.  Is there any possibility of lining up a joint sponsor for the AOS?  

 

Are you in a field where you could work from home if you can get an expedited EAD?  

 

Hugs and best wishes.  Stick around, this forum is a great source of information.  Btw, your husband's situation is a great example of why every immigrant (and every USC and LPR) needs health insurance.  Bankruptcy following a cancer dx is all too common.  Even with health insurance, there can be big bills.