K1 vs CR1

[bullismt 0]

Hello,  I have a few question that I hope someone smarter than myself could help answer.  I recently submitted for a K1 Visa for my fiancé from France.  However, after doing more reading, it appears that with the significant delay all over USCIS, but more so with K1 Visas,  it would almost be better to have my fiancé, come here get married and just resubmit for the CR1.  I understand that it would reset the timeline, however I am under the impression that if and when a CR1 is approved you are authorized to work and travel immediately as opposed to the K1 where after you are permitted in the US and get married you have to submit the forms (AOS, I-765,  and I-131)for all of that then play the waiting game again.  I am also military so in terms of that, being married is the only way I can get my fiancé/future wife any sort of benefits and recognition from them, they don't care at all unless the marriage is on paper.

 

1.  First, can my fiancé come on a tourist visa (ESTA/ visa waiver program), get married then go back to France as I submit for the CR1, or are there requirements for remaining the the US.

2.  If the CR1 is pending, can she come and periodically see me as we wait for approval?

3.  A big  reason for my potential change from K1 to CR1 is the ability to work and travel, is my impression of that true or am I mistaken somewhere.

 

In advance thank you to anyone willing to help answer my questions, between COVID, Ukraine, and the rest of the world this process is both stressful and I feel like there is no good way to get clear guidance on best courses of action and movement forward.

 

-Michael

[Boiler 45,692]

Yes to all 3

[iwannaplay54 985]

1 hour ago, bullismt said:

Hello,  I have a few question that I hope someone smarter than myself could help answer.  I recently submitted for a K1 Visa for my fiancé from France.  However, after doing more reading, it appears that with the significant delay all over USCIS, but more so with K1 Visas,  it would almost be better to have my fiancé, come here get married and just resubmit for the CR1.  I understand that it would reset the timeline, however I am under the impression that if and when a CR1 is approved you are authorized to work and travel immediately as opposed to the K1 where after you are permitted in the US and get married you have to submit the forms (AOS, I-765,  and I-131)for all of that then play the waiting game again.  I am also military so in terms of that, being married is the only way I can get my fiancé/future wife any sort of benefits and recognition from them, they don't care at all unless the marriage is on paper.

 

1.  First, can my fiancé come on a tourist visa (ESTA/ visa waiver program), get married then go back to France as I submit for the CR1, or are there requirements for remaining the the US.

2.  If the CR1 is pending, can she come and periodically see me as we wait for approval?

3.  A big  reason for my potential change from K1 to CR1 is the ability to work and travel, is my impression of that true or am I mistaken somewhere.

 

In advance thank you to anyone willing to help answer my questions, between COVID, Ukraine, and the rest of the world this process is both stressful and I feel like there is no good way to get clear guidance on best courses of action and movement forward.

 

-Michael

Yes to all.  Better decision in my view.

[bullismt 0]

Thanks for the answers.

[johndoe101 0]

Hello,

 

So i was wondering if you successfully withdraw your K1 and did a CR1 instead?

If you so how did you proceed? 

 

Thank you

[bullismt 0]

Yes, I withdrew the K1 and submitted for the CR1.  The process was not too bad, relatively speaking (this whole process kind of sucks and takes forever).  I sent a letter to formally withdraw the K1 and followed the process for the CR1.  A little redundant in a few areas, as in paying fees again, filling out a few very similar forms, things like that.  I hope that helps a little bit, and feel free to reach out if you have any other questions, and to message me directly.

 

[pushbrk 12,979]

Note that USCIS does not issue visas, and US Citizens do not submit visas. You submitted a petition for fiancee which when approved opens the door for the fiancee to apply for a visa.  Submitting a petition for alien relative, is how you start a spouse visa process.  When that petition is approved it is the foreign spouse that is invited to apply for a visa.  Any visa, will be issued by the Dept. of State, not USCIS or any other part of Homeland Security.