Why did you file for a K-1 visa and not a spouse visa, or vice-versa? (merged)

[Andrea&Henry 311]

1.- It was WAYYYYY faster back then (September 2011)

2.- We didn't want to live apart after getting married.

We were so lucky cause within 6 month I was already in the States and married! A friends of ours decided to go through the CR1 route cause she wanted to have a huge wedding in our homecountry and they applied 2 month before us. Their process took 11 months! and it was awful cause she didn't have a tourist visa either. They always regretted their decision hahahah

[B-2-Z 37]

I'm sorry if I'm asking something blindingly obvious, but I've seen many people mention now that they didn't want to live separately. Is there a requirement when applying for the spouse visa to live separately, even if you had been living together previously?

In our situation if we applied for the IR-1 he would have needed to return to the USA and prove domicile for the entire year. From everything we saw online, K1 is more forgiving from outside of the USA. For the K1 we just showed that his work visa for Canada was expiring, and that he had a job offer. Even then I got into a little fight with the interviewer about him "not meeting domicile" (I obviously won that lol) so I can't even imagine fighting that for the IR-1.

[j&ana 363]

As I read this you are asking us members, why we selected K-1.

For us my wife wanted to be married here in the USA, and even though we went through many delays, he entered here in 10 months and 4 day.

I see now here some people enter in just a very few months.

As VOL said, it is simply "usually" faster.

And since the Philippines does not have a way to divorce only annulment, which is almost impossible to do (as it was in 2012, have no idea what goes on there now) so getting married in the Philippines was out of the question.

And some people have problems with AOS, and would rather do "spousal visa" which is fine, but the AOS is very, very easy, and she had her EAD/AP in less than 90 days. GC in about 5 months.

So, AOS, was a non-event for us. But, your paper work must be very good.

If I had it to do again, it would be the same way. But, to each applicant, it is his/her choice, the guides at the top of the home page should tell you every thing you want.

you can get a divorce just not in the philippines. You can divorce your filipino spouse in the USA

[TBoneTX 43,058]

The merge confuses. Before the OP asked CR1s why did you go this way...spouse visa. And separately he asked K1s why did you pick your way...fiance visa. Now the title seems to only address K1s. The one meant for the CR1 audience got swallowed up.

Another moderator later did the merge. Although merges can't be undone, the thread title here has been edited.

[IcezMan_IcezLady 582]

K-1 is faster and both of my parents are in the US and it would have been easier to have my wedding here with all of my family here. Now, Ghana embassy ruined my life

Now, I am having to start this whole process again! and by the way, my family may not be able to go to my wedding

[avrora9002 21]

Well for us, it was gonna be hard for me to get a visa to the US, and my husband (fiance at that time xD) didn't have enough money to buy a plane ticket to my country, so K1 was the fastest and easiest option

[NikLR 13,220]

I'm always amazed at the "don't want to live together after marriage" answers; how do you think the rest of us managed?

[B-2-Z 37]

I'm always amazed at the "don't want to live together after marriage" answers; how do you think the rest of us managed?

I imagine it was extremely hard, that's why we chose not to.

[londongal 17]

They didn't choose the spouse visa because each would have to live in separate countries after the marriage for the year it takes to get that visa.

Is there the option to travel to see each other like there is with the K1? If so what exactly is the main difference besides I guess living apart from a fiancé and living apart from a spouse? Or is this what the main issue is for most? The fact that you are married but living apart?

[londongal 17]

K-1 is faster and both of my parents are in the US and it would have been easier to have my wedding here with all of my family here. Now, Ghana embassy ruined my life

Now, I am having to start this whole process again! and by the way, my family may not be able to go to my wedding

Oh no what happened with the Ghanaian embassy? I'm really sorry to hear that your family might not be able to go to your wedding... Why is that?

[Nich-Nick 3,353]

I'm sorry if I'm asking something blindingly obvious, but I've seen many people mention now that they didn't want to live separately. Is there a requirement when applying for the spouse visa to live separately, even if you had been living together previously?

Do you currently live together legally in the same country....meaning one has legal visa to live in the other's country? That could change your game plan and shorten your timeline.

[Pennycat 880]

Is there the option to travel to see each other like there is with the K1? If so what exactly is the main difference besides I guess living apart from a fiancé and living apart from a spouse? Or is this what the main issue is for most? The fact that you are married but living apart?

K1s don't get to visit in the US, either, unless the foreign national is from Canada or a Visa Waiver Program country (and eligible to enter...ie, hasn't spent too much time in the US to be not let in) or has a B2 visa (and also able to use it). Many people, myself included, aren't in that position. And it is not easy (and some say downright not possible) to get a B2 visa while a K1 or CR1 is in progress.

And as for what's different about living apart from a spouse and a fiancé? Fundamentally not much. I suppose some people are more traditional than others. To me, the concept just didn't "feel" right. Much in the same way a "paper only " marriage for legal or tax or immigration reasons and then a "real wedding " later doesn't feel right. To me and for us. I've had several friends who have done both of these things for different reasons in their lives and not questioned it at all. That's what was right for them but doesn't feel right for me, when other options exist. Hooray for options.

Now, also just generally the choice on the day we decided to get married was this: get paper married today, file and live apart for a year plus. Or stay "only" engaged, and live apart for most of our year or less long engagement? I also didn't like thr feel of going right from dating to married in the blink of an eye, either. It really is just a personal choice. Not good or bad or better or worse just what works best for your circumstances and what feels right.

For us, a longer engagement, shorter separation, spending the first yesr of our marriage together and having a "big " US wedding was worth more money and paperwork and period of his unemployment. For others it's not. We're lucky that these options exist.

[Nich-Nick 3,353]

Is there the option to travel to see each other like there is with the K1? If so what exactly is the main difference besides I guess living apart from a fiancé and living apart from a spouse? Or is this what the main issue is for most? The fact that you are married but living apart?

UK is a visa waiver country so you can visit easily on either visa choice....while waiting on the visa process I mean.

UK is a low fraud country so you don't have to fear either being denied unless the UK person has a criminal record for drugs, which can cause denial. That would be the main one.

Many people apparently think a long distance relationship is okay if engaged but not tolerable once they marry. I don't get it myself. Apart is apart whether you have a marriage certificate or not in my book. It's a personal preference and nothing to do with immigration law.

Edited August 12, 2015 by Nich-Nick

[Pennycat 880]

UK is a visa waiver country so you can visit easily on either visa choice....while waiting on the visa process I mean.

UK is a low fraud country so you don't have to fear either being denied unless the UK person has a criminal record for drugs, which can cause denial. That would be the main one.

Many people apparently think a long distance relationship is okay if engaged but not tolerable once they marry. I don't get it myself. Apart is apart whether you have a marriage certificate or not in my book. It's a personal preference and nothing to do with immigration law.

Right it's a personal preference. So why all the judgy talk about not understanding us weirdos who do feel a difference? And do you feel that a one-day engagement or purposely signing up for an even longer separation (time apart engaged and time apart married waiting for the visa) is an ideal course of action for everyone? Some people aren't ready to be married but are ready to be engaged. And denying thr difference between these two things, to me, is diminishing the institution of marriage. To me. Which again yay for options so different folks can do what'd right for them.

[yuna628 9,528]

UK is a visa waiver country so you can visit easily on either visa choice....while waiting on the visa process I mean.

UK is a low fraud country so you don't have to fear either being denied unless the UK person has a criminal record for drugs, which can cause denial. That would be the main one.

Many people apparently think a long distance relationship is okay if engaged but not tolerable once they marry. I don't get it myself. Apart is apart whether you have a marriage certificate or not in my book. It's a personal preference and nothing to do with immigration law.

You're right in a way of course Nich-Nick. But personally, after so many years, I don't think I could bear the thought of having a wonderful ceremony and then having to part from my husband. The last few times we said goodbye, we could barely function for weeks. We didn't want to put each other through that any more. Some people feel marriage is something only for legal purposes, it's not important and it's just a slip of paper. Others feel marriage is something deeper and more spiritual... and still others feel somewhere between the two. I've felt 'married' in my heart to him for a long time, but marriage is more to us than just that. The stress of being apart takes a toll and I wouldn't wish such stress to impact a new marriage, to have experiences as a new married couple fall by the wayside. I envy how extremely tough married couples who manage to maintain it at such a distance and keep going with a smile. It's a testament to love and trust. For those that can get past the UK rules, perhaps being with a loved one can be maintained, but for us it's simply not possible, and with the expense there's only so many visits you can take. Still, VWP countries at least have the ability to visit when they can, if they can. The countries that can't... it must be absolute hell. It's happening more and more to non-EEA/UK couples that don't want to live in the states too.

It is difficult enough to endure waking up every day without having my fiancé here with me. It is painful every time someone has asked where he is or to miss out on certain events in each other's lives. It is difficult to be scrutinized, to be insulted, or questioned because I am not with an American man, or to be scoffed at that how can one maintain such an LDR. We've been engaged a very long time, but our separation in that was never because we chose to be, but because we had to be to plan for our future to be stable and ready for it. It was not easy, but somehow being married adds an additional weight of unexplainable spiritual seriousness to carry. To us, once married, and never parted, we are now free to experience the completeness of married life without such pressures, worries, and sense of loss.

So we don't begrudge others the choice they made to be parted while married. Far from it. We each have our own choices to make of what fits each couple the best right? Some are okay with it, and some are not.

Edited August 12, 2015 by yuna628