Marry now & abandon K-1 application? Advise please!
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Hi everyone,
I hope you are all well. It's been a while since I have posted. I'm in the US visiting my fiancee until mid January. We submitted a 129F application late September, received the NOA1 in early October. Now that I am here we wondering how it would help my immigration time line to get married here quickly, then scrap the K-1 application and apply for a spouse visa (CR-1?).
HOWEVER I would still go back to the UK on schedule, no changes there.
So on one hand it is 2.5 months since we received the NOA1, so perhaps 2.5 months more until NOA2, at best guess. Provided no RFE's. If I went down the CR-1 route, then its a another 6-8 months from the time we submit, but if approved everything is in place from my first entry to the US - green card (conditional 2 year?), SSN and EAD? Whereas on the K-1 these things take months AFTER the wedding. Right?
I apologize if this is vague, just would like some opinions on this. It tough, we just want everything settled ASAP. The CR-1 would cut out some steps, but would mean starting again and losing the K-1 fee. It would (in some ways) be sad to have a quick, small wedding soon then tell our families the real one (we would have another event later) next year would be the real one.
So its not straightforward. A few considerations. Thank you to you all for your attention and contributions to the forum.
All the best for the holidays.
I hope you are all well. It's been a while since I have posted. I'm in the US visiting my fiancee until mid January. We submitted a 129F application late September, received the NOA1 in early October. Now that I am here we wondering how it would help my immigration time line to get married here quickly, then scrap the K-1 application and apply for a spouse visa (CR-1?).
HOWEVER I would still go back to the UK on schedule, no changes there.
So on one hand it is 2.5 months since we received the NOA1, so perhaps 2.5 months more until NOA2, at best guess. Provided no RFE's. If I went down the CR-1 route, then its a another 6-8 months from the time we submit, but if approved everything is in place from my first entry to the US - green card (conditional 2 year?), SSN and EAD? Whereas on the K-1 these things take months AFTER the wedding. Right?
I apologize if this is vague, just would like some opinions on this. It tough, we just want everything settled ASAP. The CR-1 would cut out some steps, but would mean starting again and losing the K-1 fee. It would (in some ways) be sad to have a quick, small wedding soon then tell our families the real one (we would have another event later) next year would be the real one.
So its not straightforward. A few considerations. Thank you to you all for your attention and contributions to the forum.
All the best for the holidays.
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It would not help your timeline at all. The K-1 is usually a couple of months quicker than a spouse visa... but you're now already 2 months into the process, so marrying now will confer no help time wise and will actually push the process back about 4 months (the 2 you're already in, plus 2 more for the extra time it takes for the CR-1 visa).
No, about another 8-10 months.
The SSN is irrelevant to either process, and there is no EAD with an immigrant visa... but I understand what you mean - so yes, everything in place.
Correct.
I suggest you continue down the path you're already on.
Ian
If I went down the CR-1 route, then its a another 6-8 months from the time we submit...
... but if approved everything is in place from my first entry to the US - green card (conditional 2 year?), SSN and EAD?
Whereas on the K-1 these things take months AFTER the wedding. Right?
... we just want everything settled ASAP.
Ian
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It would not help your timeline at all. The K-1 is usually a couple of months quicker than a spouse visa... but you're now already 2 months into the process, so marrying now will confer no help time wise and will actually push the process back about 4 months (the 2 you're already in, plus 2 more for the extra time it takes for the CR-1 visa).
No, about another 8-10 months.
The SSN is irrelevant to either process, and there is no EAD with an immigrant visa... but I understand what you mean - so yes, everything in place.
Correct.
I suggest you continue down the path you're already on.
Ian
No, about another 8-10 months.
The SSN is irrelevant to either process, and there is no EAD with an immigrant visa... but I understand what you mean - so yes, everything in place.
Correct.
I suggest you continue down the path you're already on.
Ian
Thank you so much for that information - and for not scolding me! :-)
I appreciate your input, it makes sense to me. Your a great help to so many on here, myself included. So thank you. I hope you enjoy the holidays.
Craig
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Basically, if you marry now, you void anything you've done towards the K-1 visa, so that's money and time gone. If you marry now, you start all over from the beginning, with your USC spouse filing an I-130 towards your immigrant visa. The immigrant visa process takes about 8 - 10 months from start to finish.
Once you enter the USA using your immigrant visa, you become a US PR right away, with permission to work from Day 1. No need for EAD or adjustment of status to get your green card. So this is a plus for some people.
If you don't mind waiting apart for another few months more in the long run, you can marry now and do the Immigrant Visa process. Also, if you don't mind having a quick wedding now and the bigger one later.
Some people do switch gears into the process as you are suggesting. Whether it's the right way for you to go, only you can decide.
Rene
Once you enter the USA using your immigrant visa, you become a US PR right away, with permission to work from Day 1. No need for EAD or adjustment of status to get your green card. So this is a plus for some people.
If you don't mind waiting apart for another few months more in the long run, you can marry now and do the Immigrant Visa process. Also, if you don't mind having a quick wedding now and the bigger one later.
Some people do switch gears into the process as you are suggesting. Whether it's the right way for you to go, only you can decide.
Rene
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I agree with Ian. I abandoned my I-129f K1 petition, married my wife, and started over with an I-130, we had our reasons, but I see nothing in you post that indicates that you have any reason to do the same.
Regards, JEff
Regards, JEff
It would not help your timeline at all. The K-1 is usually a couple of months quicker than a spouse visa... but you're now already 2 months into the process, so marrying now will confer no help time wise and will actually push the process back about 4 months (the 2 you're already in, plus 2 more for the extra time it takes for the CR-1 visa).
...
I suggest you continue down the path you're already on.
Ian
...
I suggest you continue down the path you're already on.
Ian
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