K1 Visa and THEN CR1 Visa

[kbsdk 0]

Hi all, 

 

My fiancee and I are in the process of doing the I-129f for the K1-Visa. Our biggest concern is the long wait time for the travel permit/work permit during the adjustment of status. My partner does not want to be a financial burden and has a sick grandmother she would like to be able to visit if anything happens. 

 

Is it possible to get married through the K1 visa route and then have my partner return to her home country? Then we could proceed with the CR1 spousal visa, so that when she arrives in the US she will already have work and travel authorization. 

 

The reason we weren't doing the CR1 visa off the bat is because we do not have a way to get married and prove it to be a bonafide marriage through the metrics USCIS recommends. We are a same sex couple and she is currently living in Russia. 

 

Any advice would be helpful!

[D-R-J 156]

How much time have you spent together in person? That is the most important evidence for CR/IR-1. Maybe  do an Utah Zoom marriage and use the money saved from K-1 process to visit/meet somewhere. Or both travel somewhere where you can get married. K-1 seems like a waste of time and money to me.

[Crazy Cat 39,342]

Have you already filed the I-129F?  If not,

1.  Marry via a Utah Online Marriage

2.  Meet

3.  File an I-130.

Spouse can then enter the US via a CR-1, then immediately return to home country for a while or start work inside the US immediately. 

Edited September 4, 2023 by Crazy Cat

[Crazy Cat 39,342]

1 minute ago, D-R-J said:

How much time have you spent together in person? That is the most important evidence for CR/IR-1. Maybe  do an Utah Zoom marriage and use the money saved from K-1 process to visit/meet somewhere. Or both travel somewhere where you can get married. K-1 seems like a waste of time and money to me.

Agree.  The  OP's proposal seems like a very expensive tourist visa......

[D-R-J 156]

Other places that perform same sex marriages and you both can enter without visas: Argentina, Andorra, Chile, Colombia, Costa Rica, Ecuador, Mexico, South Africa, Taiwan, & Uruguay. I may have missed some…Don’t know how easy it is for non-residents to get married in these places, but a jumping off point for research if you’re not sold on doing an online marriage.

Edited September 4, 2023 by D-R-J

[kbsdk 0]

Does USCIS accept the Utah zoom weddings? I've heard mixed things. 
We've only been able ot meet twice so far. Once for two days and the next time for 5 days. 

[D-R-J 156]

Yes, lots of people on here have used it.

[Rocio0010 5,567]

1 hour ago, D-R-J said:

Don’t know how easy it is for non-residents to get married in these places,

Pretty easy in Argentina

[EM_Vandaveer 2,370]

20 hours ago, kbsdk said:

Does USCIS accept the Utah zoom weddings? I've heard mixed things. 
We've only been able ot meet twice so far. Once for two days and the next time for 5 days. 

Yes, as long as either you're physically together during the wedding or meet after the wedding & before filing.

[TexasRafael 103]

22 hours ago, kbsdk said:

Hi all, 

 

My fiancee and I are in the process of doing the I-129f for the K1-Visa. Our biggest concern is the long wait time for the travel permit/work permit during the adjustment of status. My partner does not want to be a financial burden and has a sick grandmother she would like to be able to visit if anything happens. 

 

Is it possible to get married through the K1 visa route and then have my partner return to her home country? Then we could proceed with the CR1 spousal visa, so that when she arrives in the US she will already have work and travel authorization. 

 

The reason we weren't doing the CR1 visa off the bat is because we do not have a way to get married and prove it to be a bonafide marriage through the metrics USCIS recommends. We are a same sex couple and she is currently living in Russia. 

 

Any advice would be helpful!

If you are able to get married then just go ahead and get married and it will be cheaper for sure and most likely due to the timing if your spouse enters the USA after two years of marriage automatically gets the 10 year green card.  That unfortunately happened to me, my spouse came in on a K1 and we paid for adjustment of status, work permit and advance parole, but due to an emergency at his home country he had to leave and then we had to apply for a CR1 visa which was finally approved and he will come next month.  If you can, just get married and apply for the Spousal Visa.  

[Me and her 276]

22 hours ago, kbsdk said:

Hi all, 

 

My fiancee and I are in the process of doing the I-129f for the K1-Visa. Our biggest concern is the long wait time for the travel permit/work permit during the adjustment of status. My partner does not want to be a financial burden and has a sick grandmother she would like to be able to visit if anything happens. 

 

Is it possible to get married through the K1 visa route and then have my partner return to her home country? Then we could proceed with the CR1 spousal visa, so that when she arrives in the US she will already have work and travel authorization. 

 

The reason we weren't doing the CR1 visa off the bat is because we do not have a way to get married and prove it to be a bonafide marriage through the metrics USCIS recommends. We are a same sex couple and she is currently living in Russia. 

 

Any advice would be helpful!

Less expensive and shorter time to marry her in another country and file CR1.

Edited September 5, 2023 by Me and her