B-2 Visa Revoked! Should we go for CR-1 or K-1 ????

[Josh2018 0]

I am 33 and my girlfriend is 30.  We have been in a relationship for 4 and a half years.  We met when I was living in Colombia and after a few months of dating we began living together in Colombia for about 6 months.  I had to move back to the US and over the past 4 years we have visited each other about 15 times. 

 

Sometimes I would travel to Colombia and sometimes she would travel to USA.   She also has a son from a previous relationship who is now 7 years old.  He has traveled to the US with her to visit me about 4 times.  The three of us have taken trips to DisneyWorld, and also to Toyko, Japan.  We have lots of photographic evidence of our relationship.

 

On their most recent trip to visit me, they stayed for 5 and half months.  While she was here we decided to apply for an F-1 student visa.  She then returned to Colombia for her student visa interview.  They denied her application for the student visa and they also revoked her tourist visa.  Now we don't know what to do.  The three of us want to be together here in the US.    We are unsure if we should quickly get married in Colombia and then apply for the CR-1 visa or perhaps just apply for the K-1.  We would really appreciate some advice from you guys.  

[nightingalejules 678]

It looks like they've decided (correctly) that your girlfriend wants to immigrate, and they fear that she will overstay if she comes on a non-immigrant (tourist or student) visa. It sounds like you'd have lots of evidence for a K-1 visa, with photos of your trips, plane tickets and hotel receipts, lots of meetings and travel. I'd guess that she would probably be approved for a K-1 visa. K-1s tend to come through faster than CR-1s, although the CR-1 winds up being a little cheaper overall, and she will be a permanent resident (eligible to work and travel) as soon as she arrives. She won't be able to visit you in the US during the process (since they revoked her tourist visa) so you might want to go the quicker route.

[JE57 239]

K-1 is faster,  CR-1 is slightly cheaper, less paperwork and gives her more immediate rights when she gets to the USA.  Seems K-1 may be the best option though for the speed.  It's a balancing act between rather she can give up a 3-4 months of being in the USA not being able to leave to visit her Home Country (K-1) or rather she and you can wait a little longer, get married and then have her the day she lands in the USA be a permanent resident with all the rights.   Also a consideration is wear you want to have the wedding.  If you want it in the USA the only option at this point is K-1.  

[bakphx1 785]

As the above stated, it's cheaper and easier once here to be on a CR1.  If you are content seeing each other there or in another country during that time, you may prefer it.  The K1 is faster but couples quickly become frustrated with the inability to work or get other permits.  She also couldn't leave during that time, and just today someone posted about his fiancée having to leave the country for a family emergency which means it voided the visa.  It had serious downsides. 

[Josh2018 0]

Thank you all for your responses,  I have been very stressed out about this situation and it helps me to hear from you all.  We really appreciate it.

 

Of course we were confused (no reason given) as to why they revoked her B-2 Visa.   I just discovered this website https://i94.cbp.dhs.gov/I94/#/home which confirmed she did not stay more than 6 months.  Her big trip here was from June 2 to November 29  (181 days). 

 

We want to be together as quickly as possible so I am leaning towards the K-1.  

 

Is it more likely to being denied a K-1 than a CR-1 in our situation?  Would they perhaps think she had some intent to return to the US and not actually marry me?   Also I can see on that website that she has actually visited me 12 times since the middle of 2014.   

 

[JE57 239]

Part of the K-1 is a signed letter with intent to Marry.  I see little reason to believe that the K-1 is more likely to be denied.  Certainly there may be a question or two or three at her interview about the timing of it all.  Basically they may question why she didn't pursue an immigration visa prior to her B2 being revoked.  The fact that she applied for a Student Visa does also suggest that marriage is not something that you were interested in prior to the revocation of the B2.  So is it possible that she would come in and overstay her K-1 without marrying and will she be asked about this? Sure she'll be asked.  She should be prepared to explain why she wanted a student visa instead of a K-1 or CR-1 and what has changed that she is now ready to marry you.  However,  your relationship is solid, her visits to the USA have all resulted in a return to Home Country.  So I don't see it being an issue with a K-1 Approval.  Talk with her about your marriage plans so that she can speak to the interviewer about them if asked.   What you are suggesting is that the CO may see a K-1 as a way to illegally immigrate to the USA and thus deny.   That seems unlikely to me since logically the following suggests otherwise.....

  a) She could have overstayed on any previous visit if that was her intent. 

  b) You'll sign an affidavit of support for her meaning you'll be on the hook for her financially if she attempts anything outside the normal process.

  c) Once she enters the USA on a K-1 marriage to you is her ONLY path to a greencard, any other path leads to her being deportable.

-

So while it may look suspicious that perhaps the two of you preferred not to get married previously the fact that it is her only option to get to the USA now should not outweigh the fact that you have a documentable relationship.

-

Bear in mind her B2 was revoked because of presumed immigrant intent and the K-1 while technically a non immigrant visa is realistically a visa for someone with immigrant intent.  They denied her student and revoked the B2 for immigrant intent so requesting an immigrant status should be fine!

 

[Josh2018 0]

2 minutes ago, JE57 said:

Part of the K-1 is a signed letter with intent to Marry.  I see little reason to believe that the K-1 is more likely to be denied.  Certainly there may be a question or two or three at her interview about the timing of it all.  Basically they may question why she didn't pursue an immigration visa prior to her B2 being revoked.  The fact that she applied for a Student Visa does also suggest that marriage is not something that you were interested in prior to the revocation of the B2.  So is it possible that she would come in and overstay her K-1 without marrying and will she be asked about this? Sure she'll be asked.  She should be prepared to explain why she wanted a student visa instead of a K-1 or CR-1 and what has changed that she is now ready to marry you.  However,  your relationship is solid, her visits to the USA have all resulted in a return to Home Country.  So I don't see it being an issue with a K-1 Approval.  Talk with her about your marriage plans so that she can speak to the interviewer about them if asked.   What you are suggesting is that the CO may see a K-1 as a way to illegally immigrate to the USA and thus deny.   That seems unlikely to me since logically the following suggests otherwise.....

  a) She could have overstayed on any previous visit if that was her intent. 

  b) You'll sign an affidavit of support for her meaning you'll be on the hook for her financially if she attempts anything outside the normal process.

  c) Once she enters the USA on a K-1 marriage to you is her ONLY path to a greencard, any other path leads to her being deportable.

-

So while it may look suspicious that perhaps the two of you preferred not to get married previously the fact that it is her only option to get to the USA now should not outweigh the fact that you have a documentable relationship.

-

Bear in mind her B2 was revoked because of presumed immigrant intent and the K-1 while technically a non immigrant visa is realistically a visa for someone with immigrant intent.  They denied her student and revoked the B2 for immigrant intent so requesting an immigrant status should be fine!

 

Thank you so much for this amazing answer.  We appreciate all the details!

[kris&me 572]

At this point and time K1 is extremely slow 

you are looking at closer to a year for even this to happen

 

[Nitas_man 3,100]

6 hours ago, Josh2018 said:

Thank you all for your responses,  I have been very stressed out about this situation and it helps me to hear from you all.  We really appreciate it.

 

Of course we were confused (no reason given) as to why they revoked her B-2 Visa.   I just discovered this website https://i94.cbp.dhs.gov/I94/#/home which confirmed she did not stay more than 6 months.  Her big trip here was from June 2 to November 29  (181 days). 

 

We want to be together as quickly as possible so I am leaning towards the K-1.  

 

Is it more likely to being denied a K-1 than a CR-1 in our situation?  Would they perhaps think she had some intent to return to the US and not actually marry me?   Also I can see on that website that she has actually visited me 12 times since the middle of 2014.   

 

Either way you have a pretty solid case.  I'd lean towards CR1 for the reasons outlined for others - AOS after the US wedding is a pain and she's limited in what she can do for several months after arrival on a K1 visa.  Can't do anything until the wedding, then can't do anything until about 3 months after you file to adjust status.  Cost difference is MEH, a little more for K1 but nothing like travelling back and forth LOL.

[Russ&Caro 1,548]

1 hour ago, kris&me said:

At this point and time K1 is extremely slow 

you are looking at closer to a year for even this to happen

 

And the CR1 is even slower. I agree with the others that your case looks pretty good for approval whether filing a K1 or CR1. Sorry to hear about the revocation of her B1.

[Clara B. 119]

You guys should have no problem filling for a K1 visa, since you want to be together as soon as possible. 

Depending on how her interview went on the consulate for the F1 the consul might have realized she doesnt have as many ties to her home country anymore as she had when the B2 visa was issued. Also, seeing that she just spent 6 months in the USA proves that she has no job or studies in Colombia and was probably the reason to revoke the visa. But this will not be an issue since for the K1 you dont need to show ties home, but ties to the USC sponsor, wich you guys have.

You could start filling the application right away to send is ASAP. There are manuals here at VJ to help you and if you have any questions everyone is very helpfull here and would be able to assist you.

Edited December 4, 2017 by Clara Monteiro

[nightingalejules 678]

Incidentally, the likely reason that her tourist visa was revoked is a (kind of stupid) technicality... often, in USCIS terms, 6 months is not actually 6 months. They use number of days, internally, for calculations, and 180 days is what they consider to be "6 mo" (even though, as you seem to have gotten bit by, it isn't always quite 6 mo.) I don't know for sure, but my best guess is that the extra day (181 instead of 180) is what got her.

[WandY 430]

18 minutes ago, nightingalejules said:

Incidentally, the likely reason that her tourist visa was revoked is a (kind of stupid) technicality... often, in USCIS terms, 6 months is not actually 6 months. They use number of days, internally, for calculations, and 180 days is what they consider to be "6 mo" (even though, as you seem to have gotten bit by, it isn't always quite 6 mo.) I don't know for sure, but my best guess is that the extra day (181 instead of 180) is what got her.

And in their eyes, it may be enough to deny a K-1. This is the Trump era in immigration. Things are getting tougher.

[Clara B. 119]

1 hour ago, nightingalejules said:

Incidentally, the likely reason that her tourist visa was revoked is a (kind of stupid) technicality... often, in USCIS terms, 6 months is not actually 6 months. They use number of days, internally, for calculations, and 180 days is what they consider to be "6 mo" (even though, as you seem to have gotten bit by, it isn't always quite 6 mo.) I don't know for sure, but my best guess is that the extra day (181 instead of 180) is what got her.

 

51 minutes ago, WandY said:

And in their eyes, it may be enough to deny a K-1. This is the Trump era in immigration. Things are getting tougher.

Thats not accurate. He can look at the date on her I-94 and check till when she was allowed to be in the country. If she left at or before that date she will be fine. Usually the date stamped is for 6 months, and some months have 31 days, so the duration of stay is often 182/183 days. Looking at the information provided her I94 probably expires 12/01/17, which she had left already.

Edited December 4, 2017 by Clara Monteiro

[WandY 430]

4 minutes ago, Clara Monteiro said:

 

Thats not accurate. He can look at the date on her I-94 and check till when she was allowed to be in the country. If she left at or before that date she will be fine. Usually the date stamped is for 6 months, and some months have 31 days, so the duration of stay is often 182/183 days. Looking at the information provided her I94 probably expires 12/01/17, which she had left already.

It is accurate - 180 days is often the rule. But not always. Here's the truth: It's up to the U.S. official in charge of making the decision at the time. This includes entering the border, granting visas, or anything else concerning immigration. If you think it's always black-and-white, then you haven't traveled in and out of the U.S. enough. Same goes for any country on this planet. Look around on this website, where some people get denied, some don't - same circumstances, same rules. That's life. Take your best shot and hope all goes well. If it doesn't, maybe someone here will have a better plan. The key is to remain positive, don't whine, and keep believing that it's going to work out. Why? Because it usually does. It might take a few attempts, but it usually works out. Keep the faith!