gnralph
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Posts posted by gnralph
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In my opinion, your best bet is to cancel the K1 & file for the CR-1 after you've married & entered the US on the E2. You're entering the US on another visa (E2) not intended for immigration, and your marriage has obviously been premeditated, as vendors have been booked way in advance and the such. If you try to adjust, immigration can very easily consider that fraudulent behavior and bar you from entering the US. I don't think you want to take that risk.
The CR1 is a spousal visa, so once you enter the US via the CR1 you'll already be a greencard holder (and you won't have to lift any restrictions, like you do with the K1); I don't know the process, but you may be able to apply and even attend the medical/interview in the US. I don't know for sure, so you will definitely want to check in on that. There's a forum for the CR1 visas, you should go ask in there!
Since you'll already be living in the US whilst working, it would work out well for you to still be able to live with your bride while that paperwork is processing. Keep in mind the fees for the K1 are non-refundable even if you cancel it.
I think you are right, I really need to check if we can apply for the CR1 whilst we are living together in the US.
Thanks for your inputs! Very much appreciated. Hope all is going well for yourself
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This is complicated so please excuse me if I'm not explaining clearly, I'll start from the beginning....
Whilst living and working on a company sponsored L-1 visa in Arizona, I took a trip to New Orleans( fall 2012) where I met my wife to be. She is from New York. I returned back to Ireland in December that year.
I have been over and back to visit her and she has been over and back to visit me every 3-4 months since December 2012, never for more than 2-3 weeks and always traveled on the Visa Waiver Program. My L-1 was still in date but as I was not travelling for work reasons I applied and got the Visa Waiver just to keep things all 100% legal and above board. The L-1 has now expired.
We got engaged December 2013
Wedding date was set for November 2014
Applied for the K1 visa in April, this looks now like it was too late in applying. We had discussed postponing the wedding but she was very much against the idea as there was so much organizing and payments made for it, in hindsight we really should have but hindsight is a wonderful thing
Decided we would cancel it in late September/October, just incase we had a small chance of it coming through on time.All along i have been trying to get a company to sponsor me to work over there as we want to hit the ground running but unless you have a valid working visa its very very difficult
However there has been major developments in the past week.
On Thursday I shook hands and verbally agreed a job based in New York(sweet) with a company who will get me an E2 visa. On Monday we received our NOA2 on the K1 visa.
The NOA2 for the K1 visa is almost certainly too late.
That brings us up to date.
Today I am supposedly receiving the contract for the job in New York, then applying for the E2 visa. I've read this visa only takes a few days.
Once that is in hand we will cancel the K1 application(currently at the NVC)
This is where is gets messy.....
Do I
- Fly to New York for the Wedding on the E2, get married and remain there for the duration of the E2?
or
- Fly to New York on the VWP, get married, return to Ireland and fly back on the E2?
later down the line....
- Can my wife apply for an CR-1/IR-1 whilst I'm living and working in the US? - PLEASE NOTE - we might move to Ireland, nothing is definite on staying in the US at this point.
- I've read that an adjustment of status is a no-no and can be seen as fraud. Is this true in this situation?
Apologies if I'm posting in the incorrect section, I'm crossing 3 different visa types and my brain is fried here!
Appreciate any help or advice. Thanks
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I'm in the same boat! Best of luck to all!
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I Just saw this.
I'm going to correct my previous post...
If you got your NoA2, you're most likely only 2-4 months from entering the US, barring any weirdness at the consulate. I wouldn't cancel the K1, because you could very well manage it just barely on time. Most consulate's will work with you if you have wedding plans. If the wedding day happens, and you didn't enter on the K1, THEN... I would cancel it, and apply for a CR1.
Wedding is in 45 days, flying in 38, i think i'm cutting it too fine. There's no way in hell my fiance will postpone this close. I asked her to postpone months ago and she went mental at the thought of it! Everything booked, friends and family have flights booked.
The E2 will be for 2 years, which is such a stroke of luck to get the job at this time. I'm just waiting on the contract to be signed
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Not 100%, but are you sure you can get an E2 having done the K1? E visas are for temporarily coming into the US and you need to prove that you are going back... which I'm not sure a CO would agree to since you have an American fiance that filed to get a K1 for you.
i'm due to fly on the 2nd of November for the wedding. I'm thinking I won't have enough time to get interviews/medical/final approval through
so....
Cancel the K1 application
start work in the next couple of weeks on the E2(company will get this through)
apply for a change in status
or
cancel the K1
fly over
get married
return home
fly back on the E2 and start work
I dont know an answer to that. But another quiestion. Where you transfered to expedited? ?
Nope, not a hope of that - how dumb was i thinking I could get this through!!! Thanks to everyone on here for trying to make me see the light!
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NOA2 arrived this morning.
Got a job offer from a company in New York that will get me an E2 visa so I can move there and legally work.
should I just cancel the K1 now? is it too late to cancel the K1?
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Re: travel on the VWP, gnralph, we did it. A lot. My fiancé visited in March 2013 for two weeks (formally engaged), and then came back in both September (3 weeks) and December 2013*. The December visit was for almost six weeks. However, he made sure that along with having his passport handy, he had his copy of wherever we were in the petition process, and:
• a letter, on appropriate letterhead, from his boss indicating his vacation date approvals and when he was expected back at work, what his project was, and when it was expected to end, along with professional and personal contact information for on-the-spot verification;
• a copy of his lease;
• car ownership and registration information;
• return ticket to Australia;
• photocopies of the various plane tickets and hotels for events he was attending in Australia (professional conferences, weddings, etc);
• bank statements, utility bills, etc.
In other words, he went overboard showing that he still had ties to and a life in Australia that would guarantee he was leaving the US, rather than entering with intent to immigrate ahead of the K1 VISA.
He was never asked for this information, but we felt that it was better to be prepared in case they did ask than risk him being turned away because he just had to reassure them he was going to return, honest.
(* I visited him in June. Which makes 9 trans-Pacific flights between the two of us in a year, and probably indicates some level of insanity on our part. ...okay, 7 were his. Insanity on his part.)
Had emails to and from Border Control which backs up what you are saying
Sent the following to Border control:
Hi
My fiancee has applied for a K1 visa for me. She is a US citizen. My waiver is due to expire in August. I am planning on visiting her in November, hence I will need a new VWP. I have return flights booked. I can get a letter from my job, bank statements, credit card statements, loan statements etc.
I will definitely be returning and definitely will not be getting married under a VWP. I know we have to wait until the K1 is approved before marrying in the US.
Am I ok to travel once I prove that I will be returning and will not be getting marrying under the VWP?
To which the reply was:
Unfortunately, the Form I-130, Petition for Alien Relative filed on your behalf reveals that you intend to live permanently in the U.S. at some point in the future. As a result, noncitizens with pending I-130 petitions who want to visit the U.S. face greater scrutiny when applying for a B-2 visa at a U.S. embassy or consulate or from Customs and Border Patrol (CBP), if traveling on the VWP. In the worst-case scenario, this means that you could fly all the way to the U.S. only to be turned back by CBP.
This is why it is essential that you bring as much documentation as possible to show that you:
1. have binding ties to your home country that prove that you intend to return
2. plan to stay for only a short time, and
3. can pay for your living expenses during your U.S. trip.
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Wow. A lot of people have been pretty judgmental on here and for that, I apologize. Not everyone was lucky enough to find VJ before they started this process, and I was one of them.
Ridiculous isn't it!? Thanks for your story, it helps to hear other peoples experiences. No one is flawless and I am definately more flawed at this than most!! but I'm learning thanks to you all!
Best of luck to you and yours
Many here are correct that there is no way to cement in stone the timeline as there are many variables throughout the process.
Very hard to plan anything. Best of luck with the interview!!
Re: travel on the VWP, gnralph, we did it. A lot. My fiancé visited in March 2013 for two weeks (formally engaged), and then came back in both September (3 weeks) and December 2013*. The December visit was for almost six weeks. However, he made sure that along with having his passport handy, he had his copy of wherever we were in the petition process, and:
• a letter, on appropriate letterhead, from his boss indicating his vacation date approvals and when he was expected back at work, what his project was, and when it was expected to end, along with professional and personal contact information for on-the-spot verification;
• a copy of his lease;
• car ownership and registration information;
• return ticket to Australia;
• photocopies of the various plane tickets and hotels for events he was attending in Australia (professional conferences, weddings, etc);
• bank statements, utility bills, etc.
In other words, he went overboard showing that he still had ties to and a life in Australia that would guarantee he was leaving the US, rather than entering with intent to immigrate ahead of the K1 VISA.
He was never asked for this information, but we felt that it was better to be prepared in case they did ask than risk him being turned away because he just had to reassure them he was going to return, honest.
(* I visited him in June. Which makes 9 trans-Pacific flights between the two of us in a year, and probably indicates some level of insanity on our part. ...okay, 7 were his. Insanity on his part.)
You seem like a lovely grounded helpful person so I reckon he is a clever chap!
I'll definitely have all documentation at the ready.
I\'m going to bring my family over to meet the future in-laws anyway in November - Ala Meet the Fockers!
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gnralph, just to give you some perspective from someone whose case moved so fast we had to ask for a four month extension, our timeline would barely fit inside your seven month frame. We had absolutely zero problems; no RFEs, quickly received our NOA2 once we moved service centers, etc. We filed in April 2013, and if we had stuck to the original timeline, my husband would have interviewed some time in October or November for his K1 VISA; it took approximately two weeks to receive everything after the interview. So a November wedding would have been virtually impossible.
There's a reason that they say, on all communication and all advice, that you should not make plans, book venues, etc, until after the VISA is in hand. There are no guarantees. (And in fact, my husband was quizzed on that at his interview, and he even told them "well, we're going to get married within 90 days of my entering the country after we get the VISA. We hope for that to be the first week of April, but we're not going to make any firm plans until we have the VISA in hand." He was told by the Consulate officer that this was the 'right' answer, and they couldn't believe the number of times people made huge and elaborate plans, only to have those plans shot down in interview.)
As others have noted, you really need to re-examine your plans to leave the country for work almost immediately after getting married, as well. You should compare the K1 and CR1 timelines and processes, and what they allow and don't allow, and then consider what is the right VISA process for you. At the moment, it sounds like you really don't understand the timelines, limitations, and benefits of the two separate VISAs. You should become intimately familiar with them... and then yes, if you intend to pursue the K1 VISA, it would be best to change your plans while it's likely that venue, caterers, and people's airline tickets, can be easily changed with little problem.
Very well written. I'll talk to the boss(future wife, yes i've surrendered already!) and see what way she wants to do this
- postpone the wedding
- travel to the US in November just for a vacation - no party/ceremony/anything that can be remotely considered as a wedding
- return home and wait on the K1
- travel on the K1 sometime in the new year for the wedding
or
- cancel the K1
- get married on the visa waiver program
- return home
- start the CR1 process
other option is getting a job over there where a company will sponsor me
long shot though.... -
Just another thought.. and it has npot yet been brought up.. so I thought I'd give a Puppy to you... (jajaj SofiaIsabella)
I'm not sure if it's connected in the system via the VWP system or not.. but when my Fiance applied for a Tourist Visa (Dominican Rep.) he was denied in under 2 minutes because we already had our K-1 on file. They did not care the reasons, the logic, the notarized letters... NOTHING. Flat out denial due to exiting K-1.
Can I travel to the U.S. for business or pleasure while my K fiancé/fiancée visa is pending?
You can travel however you may be subject to scrutiny. Travel under another visa status or the visa waiver program is not advised for K-1 fiancé/fiancée visa applicants prior to the approval of their K visa as they have already indicated their intention is to marry in the U.S. For more information about Nonimmigrant visa for a fiancé (e) K visa visit Travel.state.gov.
You can see more here:
https://help.cbp.gov/app/answers/detail/a_id/1247/~/travel-while-k-1-fiance%2Ffiancee-visa-pending
Ah jaysus there's more!?
I had an approved L1 visa before, I think it is actually still valid, and I applied for the VWP. Why you might ask? reason was that I was not travelling there to work I was travelling to visit my fiancee. I had no problems.
I know that the K1 is a totally different .....
good thread here on it...
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Hi Another member from Ireland here, I was in the exact same position as you, filed everything correctly and booked my wedding for September of this year, parents had booked flights etc. After coming to this forum and realizing just how long everything could take i made the reluctant decision to move my wedding back to May of next year.
Although it was a painful decision at the time and I ended up having to refund my parents it was def that smarter move rather then overruniing my own wedding and losing thousands. Most venues will let you pick a later date at no additional cost if you do it early. Having any sort of ceremony that looks like a wedding puts you at great risk of getting denied for K1, my advice, bite the bullet and move it like i did. Later down the line when everything is finalized youl thank your self for doing it all now while you have the chance.
Jaysus she'll go mad!!! Thanks though for the advice and the very best of luck to you and everyone else
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My husband and I applied for our K-1 on February 29, 2012 with the intention of getting married on October 20, 2012. I thought this was a good timeline as my terrible lawyer told me the whole process would only take 3-4 months. I discovered VJ in May of 2012 and learned how wrong I was, but I too was hopeful that everything would go through in time. Then we got an RFE in July. We didn't think that would happen, as everything was submitted neatly, but USCIS needed something, and now our process was delayed. We had the good sense to move our wedding, and thank goodness we did, because Rob didn't even get his visa until 2 days before what would have been our wedding. You're choosing to race against a time clock that is completely out of your control, and believe me, this will only cause you stress. It was really upsetting to move my wedding date because I had my heart set on an autumn day, but I would have seriously been losing my hair had we not moved the date. You WILL feel this stress if you keep your current date. The idea of coming here for an "engagement party" is really risky. Plus, what happens if you get denied at the POE? Not saying that will happen, but it could if a customs officer grows suspicious of you. My vote would be to move the wedding now while your vendors won't charge you. If you are really committed to this date, then go the CR-1 route. It sound like that might be the better route given your commitment to your job. Good luck to you.
The similarities are unreal here! Same timelines and all! Everyone is telling me here to shift the wedding and I think i will talk to herself but it will take a lot of convincing. So much stuff in my head now its fried with it all, and I've 5-7 months minimum of it!!
Thanks again for the information
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If I go ahead with a ceremony - just a ceremony, nothing legally binding- and wait until the K1 comes through. Is there any repercussions for this?
You'll then be married.
Not a marriage ceremony, just something for the families really. No license or priest/minister - no I do's
Foook it we should have researched this more!!
I'm very reluctant to cancel November. More inclined to rename it/just have a party. no sniff of a wedding.
Then when the visa comes through continue on with the wedding at a court house
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Thanks for all the help, advice and stories folks. Really appreciate it.
I guess i'll have to hope and pray it comes through on time, however unlikely that is.
if it not there on time
- i'll head over in November for two weeks on the VWP, have an engagement party and return home
- when the visa does come through i'll head over and get married
or
- head over on the VWP(im a bit iffy about this-any ideas??) and get married
- return home and apply for CR1
i'm extremely reluctant to post the November event as my fiance and both families will be gutted
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you 100% do not have grounds for an expedite. You should have done more research on the process before booking a wedding and plane reservations. The consulate does not care who, why, what, when or how you lose money because you went ahead and booked a venue before having your visa in hand. They are not in the business of expediting visas for non-emergent situations.
Yeah i was thinking as much. As i said im new to the system but defo should have done more research.
The only thing i was hoping for was that it might be pulled in a few weeks if thats all i need. Should have researched before though. You are 100% right, but im here now!
Thanks :-)
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Also bear in mind that if you decide to go through with your idea of a non-binding celebration of some kind that there's also a chance that that might be the time you get denied at POE because of the suspicion that you're planning to immigrate (especially if they ask you your intent and you answer that you're going to attend something that may sound a bit shady to them--with tuxedo and wedding ring in hand, no less!). Think what a drag that would be if everyone but the groom showed up for the big, expensive party.
I hear ya. Thats another concern. I have a job currently with a US multinational based in Ireland, i can get a letter off them. I have a return flight booked and intend to use it as i am not planning on moving over to the US full time until feb march next year.
Has anyone done this before?
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Which service center are you at? If its Cali, you might not have an issue, if Texas there is pretty much zero chance forgetting your visa by your wedding.
Dam! Its texas! :-( thanks for the info though!
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We have applied in april, 7 months in advance. The average is 5. We are not looking to jump ahead. Im just apprehensive on the timing. Its a little too close for comfort
I dont really think its grounds for an expidite but ive read of other people getting things expidited for less(loss of a weeks wages)so i feel entitled to ask the question about our situation(loss of $30,000) Im not expecting the answer i want but hey thats life and im fine with that. Fair is fair. Theres thousands in this situation i understand.
So No. I do not think im being unfair for simply asking a question.
I said a ceremony, not a marriage ceremony. A celebration of love, an intent to marry ceremony. Call it an engagement ceremony.
Apologies if you think im trying to bump you from the queue
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I see what you mean and i take your point. There are people who are in far greater need than me who are even more important.
Trouble is that we both have family and friends who have made plans already. Flights booked, accomodation booked and paid for etc.
I know my fiance will be gutted if this is postponed and the last thing i want is to see her upset.
We might as well ring up and ask. See how we get on?
If that fails, which it probably will understandably, im thinking of:
travelling on the visa waiver program,
Having a non legal binding ceremony,
Returning home to wait on approval,
Travelling back with K1 approval
Marrying :-)
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Thanks for your advice and best wishes. Really appreciate both :-)
The last thing i want to do is go over there without the K1 in hand and have some sort of ceremony that can be seen as an official wedding. I am only ever doing this once so i want to do it right!
Ive read that there is an expidite process? There are certain circumstances though. Financial loss... I.e. My fiance(the petitioner losing financially). I stand to loose a few thousand(nothing worth crying about) but her father is shelling out 5 figures!! Thats what is really worring me.
we applied in april, wedding in november engaged since december. Theres a fair amount of money being paid out, for the wedding. Has anyone come across this before?
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I'm 31 from Ireland and engaged since last December. My fiancé started the ball rolling about 6 weeks ago on the I-129F form - was returned because it was missing her signature - she sent it back and we received the 1st NOA yesterday
So basically We've 163 days until the big day. I've flights booked to land in NYC on the 2nd of November.From what I have read, we are pushing it very tight to get this through the system, Is that fair comment?
We have done all the paperwork ourselves.
What I do have going for me is
- I have been to the US numerous times before - never overstayed my welcome
- 4/5 times in the past year to visit my fiancé and she has also traveled to Ireland the same number of times
- I have worked legally under a L1 Visa for 18 months - this was done through the company immigration lawyer.
- I have a social security number, obviously enough
- No trouble with the law here at home or in the US - not even a traffic violation
- Plenty of pictures phonecalls etc
- engagement ring that cost me a nice few quid!
Will the above help in maybe speeding up the process??
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Other option is that it doesn't get approved in time. Wedding is booked for the 8th of November, If I go ahead with the ceremony is it legal?
- i don't think it is,- that or it voids my K1 visa
If I go ahead with a ceremony - just a ceremony, nothing legally binding- and wait until the K1 comes through. Is there any repercussions for this?
Any help or advice is greatly appreciated
- I have been to the US numerous times before - never overstayed my welcome
Change of address after USCIS
in Adjustment of Status from Work, Student, & Tourist Visas
Posted
Bit of background here....
October 2012, while working on an L1 visa in Arizona, i decided to take a trip down to New Orleans, where I met a lady from NYC by the name of Ashley. We kept in touch and things gather pace, as they do.
Ashley came over to visit Ireland a few time and I visited New York quiet a bit. We chat daily on the phone and skype. I'm sure you've all been here.
In December 2013, We got engaged
We then started discussing plans for Ashley to come to Ireland and live. Original plan was to live in Ireland for 2 years then move back to the US and start a family.
CHANGE OF PLAN #1
Things changed in April when she landed a good job so we decided I should get to the US as soon as possible. I was with my company 9 years at the time and fancied a change anyway so me moving made sense.
Started the K1 process in April but only got the petition approved late September, we had the wedding booked for November. So basically we ran out of time/didn't apply early enough
We had to scrap the K1 application
Sent in a letter cancelling the K1 application and then started the IR1 application. Plan was then that on receipt of the visa, I would quit my job and move over - we were looking at mid summer for everything to be complete and visa in hand.
CHANGE OF PLAN #2!
I changed my job at the end of February. Managed to get a job in the same industry ut at a higher grade for twice the money! So the first job site I get sent to is........ NEW YORK
. The job is 200 miles from Ashleys house, she lives with her parents, which is way better than 3000 miles across sea.
I have to emphasize that I have a B1 visa for this job and all is legal and above board. I'm an Irish citizen on site on a contract in the US.
So...... I'm in the garden on Saturday, like a good husband, trying to avoid my wife belting me with the shovel(marital bliss!!), when the mailman arrives with a letter telling us that the petition has been approved.
Onto the NVC -
my quesions are:
Thanks