K1 to cr1? Bad idea?

[geowrian 22,335]

6 minutes ago, Seanandrach said:

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? 

Option 1) Apply for AOS now. Try to expedite an EAD and work in the US. You can try to expedite AP instead/as well, but this is unlikely IMHO. This will let you stay in the US with your spouse while processing.

 

Option 2) Leave prior to 180 days of overstay. No ban will be incurred. go the CR-1 route (you can start the process now by the petitioner filing an I-130...just be sure to leave before the 180 day of overstay mark or else a waiver is needed to for bar that would be incurred)

NOTE: Your VWP (and ESTA as a result) is permanently gone at this point. Even 1 day of overstay makes you ineligible for it...it's not just unlikely but impossible. You would need an actual tourist visa to visit again (and likelihood of doing so with a recent overstay, US spouse, etc. is not likely).

 

It's a tough choice. If you can make option #1 work, I'd go with that personally. I know it's not your original thought with the thread, but finding a way to make it work would be preferable IMO.

[Ed&Midori1031 330]

6 hours ago, Seanandrach said:

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? 

 

Sorry this has taken affect.  In my own opinion, you're here in the States already, so why not stay?  And have to deal with the CR-1 and waiting process again.  Of course, this is solely between you and your fiance.  

[Seanandrach 39]

15 hours ago, Ed&Midori1031 said:

Sorry this has taken affect.  In my own opinion, you're here in the States already, so why not stay?  And have to deal with the CR-1 and waiting process again.  Of course, this is solely between you and your fiance.  

There are so many more bits to it tbh. 

He lives in a house he rents from his parents. They said "we support you in what makes you happy but we will not support a marriage so you have to pay more if you can afford to marry". 

So they don't know we already married so we don't have to pay them an extra $400, which clearly we don't have. 

 

He went through a stage of depression and one of his kids reacted badly to our engagement (he only recently told him because he knew he'd flip out) and said if he marries me, he'd be cut out of his life and never meet his future grandchildren.. He decided I should leave so he could build bridges with his kids So I contacted my employer in UK. I said I'd be coming back, can I work again. They're waiting for me to come back now so option A means I'll have to apologise and tell them in now not coming back. 

Edit- and then obviously changed his mind when he realised none of his kids even asked him how he was doing or checked on him after his cancer surgery and that I was there every day showering him, cooking, cleaning etc. When they seemingly didn't care. His mum didn't check in with him either! One of his kids was playing golf the day of his surgery rather than being there for him! 🙈

 

On top of that, I need dental treatment. I have UK insurance but I have to pay a clinic here, then get reimbursed, again we don't have the money to do that. 

And my granddad has dementia and I'd like to see him again, I don't think he will last past 6 months.

 

The most complicated situation ever! 

Ideally, we go AOS route and get expedited AP but I don't know where to start 😩

Edited November 8, 2019 by Seanandrach
added info

[HRQX 4,145]

34 minutes ago, Seanandrach said:

So they don't know we already married

Did you marry during the 90 days of K-1 status? If you did, then an I-130 isn't required for you to submit the I-485.

[Seanandrach 39]

7 minutes ago, HRQX said:

Did you marry during the 90 days of K-1 status? If you did, then an I-130 isn't required for you to submit the I-485.

Yes, within 90 days

[Seanandrach 39]

On 11/8/2019 at 2:26 PM, HRQX said:

Did you marry during the 90 days of K-1 status? If you did, then an I-130 isn't required for you to submit the I-485.

Sorry to bother you again but are you sure I don't need I-130? I'd that because we did it through K-1 visa? 

Trying to compile all the forms and stuff we need but even the step by step part is confusing. They don't make this even slightly easy and feeling pretty overwhelmed, sorry

[SalishSea 16,770]

6 minutes ago, Seanandrach said:

Sorry to bother you again but are you sure I don't need I-130? I'd that because we did it through K-1 visa? 

Trying to compile all the forms and stuff we need but even the step by step part is confusing. They don't make this even slightly easy and feeling pretty overwhelmed, sorry

Yes, you do not need the I-130.  Deep breathe and look after yourself.  Sounds like an extremely stressful situation for you both.