Adjustment Of Status Or Consular Processing

[Crazy Cat 39,267]

9 minutes ago, Cisse913 said:

I would be visiting US on a tourist visa

You have ESTA/VWP? now?

[Dashinka 23,251]

2 hours ago, Cisse913 said:

Hi All,

 

I'm reaching out to seek some advice regarding my current situation:

 

My K1 Visa was approved in late December 24. Originally, the plan between my fiancée and me was to get married in the US and for me to adjust my status while applying for an Employment Authorization Document (EAD) and Green Card.

 

However, we've recently had a change of thought and are considering whether consular processing might be the best and fastest route to follow.

 

My fiancée is a US citizen residing in the US, and I am a UK citizen residing in England.

 

The estimated time frame for me to obtain my EAD while in the US is approximately 3-6 months, and it could take between 12-24 months for the Green Card. During the Green Card application processing, I won't be able to leave the US unless provided with special dispensation to do so. Financially, this may prove challenging if the EAD takes a while to be approved.

 

However, opting for the consular processing route would mean that my wife and I would spend even more time apart, potentially up to 12-18 months. We've already spent nearly 2 years apart, despite occasional visits when our work schedules permit.

 

Does anyone here have experience with the pros and cons of either route? Can you provide insight into current waiting times (understanding they can vary case by case) and any other information that may be helpful?

 

Thank you in advance for any advice or guidance you can offer.

 

 

 

Another possibility is the attempt to expedite the EAD if you have a valid job offer.

 

Good Luck!

[appleblossom 1,307]

1 hour ago, Cisse913 said:

Heard, previously, it was taking approx, 3-6 months to complete consular CR-1 processing in UK

 

 

3 months is about the norm, London is very quick. But unless I'm missing something you'd have to submit the I-130 first, then wait the year or so for that to be approved before starting the NVC/consular side of things? So you're looking at at least 15 months extra, doesn't seem to make much sense to me if you're nearly there with the K1. 

 

Good luck whatever you decide.

[mam521 1,725]

If you already have the K1 in hand, I wouldn't waste the money and time starting over.  EAD seems to be coming more quickly than it has been traditionally and you can file for Advanced Parole so you could leave the US and travel home until such time that your green card was issued.  Just make sure you apply for your SSN prior to sending your AOS paperwork.  

 

I-130's are still taking more than a year.  You require that before you can proceed with Consular Processing.  So, you can be with your partner now, or you can wait another 12-18 months.  100% your choice.  

[Crazy Cat 39,267]

14 minutes ago, mam521 said:

f you already have the K1 in hand, I wouldn't waste the money and time starting over. 

Agree.

[Redro 4,600]

Unless you cannot afford 3-6 months of living on one salary I would continue with the adjustment. If financially it is not feasible go the consular route. I’ve heard some people have their ESTA canceled once they receive the interview date for K1 or CR1 but if that hasn’t happened to you yet you should be good to travel while the CR1 is processing. Additionally, if you are questioned by CBP they will see you decided not to pursue the K1 and you can explain it was because you didn’t want to adjust and deal with the period of no work. 
Where do you plan to settle? You might have a better understanding of timelines if you check your city/town. 

Edited March 14 by Redro

[Angela & Brendon 160]

Every couple has to decide their priorities; ours was to be together. We had enough money saved that I could afford to wait 6+ months without work. Obviously everyone's situation is different.

 

I was, however, able to get a job offer once I had my biometrics and got my EAD very quickly after that. You may have similar success. 

 

If you don't want to wait to work, go with the consular processing, but know that this will add at possibly 2+ years to the wait time for you guys to be together. If you're prepared to this, this could be the best option. 

[Crazy Cat 39,267]

4 minutes ago, Angela & Brendon said:

If you don't want to wait to work, go with the consular processing,

The OP already has the issued K-1 visa in hand.

Edited March 14 by Crazy Cat

[Angela & Brendon 160]

Just now, Crazy Cat said:

The OP already has the issued K-1 visa in hand.

In that case I would just move to the US and wait it out for the EAD. You don't know how much longer process times will become. 

[Crazy Cat 39,267]

3 minutes ago, Angela & Brendon said:

In that case I would just move to the US and wait it out for the EAD. You don't know how much longer process times will become. 

Yep.  I agree.  EADs seem to be processed quicker than a year ago.

Edited March 14 by Crazy Cat

[Boiler 43,446]

We have had members who have cancelled the adjustment process and gone CR1, but none I think for this reason.

 

You should still be able to visit, there is no requirement to adjust, just leave within the 90 days.

 

An I 130 will probably take nearer 18 months. I can see the Consulate may be confused seeing you again.

[SalishSea 16,775]

3 hours ago, Cisse913 said:

Thought process was that spousal visa once married was much more streamline and quicker process, as opposed to AOS. Only downside is that I would not be able to visit US in interim, however at least I would be able to travel and meet spouse elsewhere until application was granted. Heard, previously, it was taking approx, 3-6 months to complete consular CR-1 processing in UK

Thank you so much, will be sure to keep all updated 😀

3-6 months from start to finish, visa in hand?   That has never been the case in all the years I’ve been on VJ.

[Boiler 43,446]

Just now, SalishSea said:

3-6 months from start to finish, visa in hand?   That has never been the case in all the years I’ve been on VJ.

Perhaps after the year it takes to get there?

[Lemonslice 4,555]

Sit down together and analyze your pros and cons.  Don't forget the cost of traveling and maintaining two households if you go back to the UK.  Don't forget the cost of health insurance if you decide to stay in the US...

 

In your situation, I would move ASAP, get married and file before the fees increase, switch to a menu of rice and beans (or any other frugal option you prefer), try to get a job offer/try to expedite the EAD (no guarantee, but free to ask...).  You already are at the finish line, make the next lap together...

 

Best of luck!

Edited March 14 by Lemonslice

[TexasRafael 102]

Unfortunately, we had no choice and had to start with the K1 however, after getting married my husband had to leave the US before anything arrived, his parole, ead, after here 6 months,  and we had to start all over again with a CR 1.  The whole process took 18 months, the longer part was to wait for the approval of the application, that took one year.  After that the whole process with the Embassy went really fast.  It is also far cheaper than the K1 visa.