K-1 Visa first, then CR-1 Possibility? (tricky scenario)

[Blindian8793 14]

Hi all,

 

I have another complex question for you...

 

If my (Indian) fiancé and I decided to go the route of K1 visa, keep in mind he has a stable employment in India, would he be able to leave US after we marry under the K1 visa (so that he can return to work) and then we file for a CR1 after? I know that in order for him to file the adjustment of status he has to remain in the US but we are trying to figure out how to navigate this without him having to quit his job for the duration of time it takes for these processes to complete. The intent is that when he returns to the US, he will be transferring his job from the Chennai office to the US office (we work for a global company, and met/committed while he was still here in the US on F1).

 

Have any of you heard of anyone trying this before? Is this something that would raise red flags?

 

We know that it may take more time but at the this point, the only reason we are looking adopt this option is because of the time and difficulties it takes to get married under the Special Marriage Act in India and complications/inconsistencies therein. It would be difficult for me to reside in India for more than a month due to my own obligations here in the US. Granted, if I have to then we'll just have to work something out...but it is not ideal.

 

Any insight  is greatly appreciated.

[arken 4,197]

14 minutes ago, Blindian8793 said:

would he be able to leave US after we marry under the K1 visa (so that he can return to work) and then we file for a CR1 after?

Of course he can leave US after marriage and then you two proceed CR1. No issues. Entering on K1 doesn't mean one has to go through AOS. Just make sure you disclose that you have petitioned for him previously on i130.

Edited January 6, 2022 by arken

[JeanneAdil 6,561]

since both are taking over a year to process plus India goes thru a long time for AP (K1 could take from 18 months to 3 years) 

just go to India and marry and do the CR1

with a spouse visa and the visa stamp for I 551 (after his POE in US ) he can return to settle affairs in India (don't stay out longer than is advised )

In your case CR 1 is better

don't forget  a K1 can also be denied

[NandV 87]

This isn't a tricky situation at all. Pretty straightforward 

 

K1 - just requires one meeting in person within 2 years of filing date (prior to filing). Once he gets it, he needs to quit his job in India -> move to the US (there is a 6 month expiration date from when the medical is done) -> get married -> file AOS -> and wait for his EAD before working. EAD is taking roughly 6-8 months post filing at the moment. He will NOT be able to work during this time. Once he gets his EAD, he can rejoin with the same employer. It may set him back a bit in his career, but not that much if he's been with the same company for awhile. This is what my husband was planning on doing before he found a better opportunity.

 

CR1 - Married in India (some challenges around with the special marriage act), but can continue to work until the CR1 is approved. Once approved, he will enter the US with a greencard. He would easily be able to transfer (immigration wise) to the US company and there will be no delays in waiting. That being said, the CR1 is taking awhile in India especially since Mumbai is heading back towards lockdowns. I don't know the entire CR1 process, but I do know that they haven't given out any interviews past a DQ date of Nov 10, 2020. It will probably be a few years before he is back in the US

 

To avoid the special marriage act and go down the CR1 route, you could probably meet in a 3rd country. I heard many people are getting married in Mexico

[milimelo 4,503]

Utah online marriage should work if afterwards you go to visit him and file I-130 afterwards.