K1 or CR1 visa - Urgent help needed

[Asgo 0]

I am residing in Bangalore India and getting married to a US citizen who lives in Detroit, in coming July 2013. I had few questions and need your assistance : -

1) Which visa should we apply for ( K1 / K3 / CR1) to enter in USA and how much time it will take for me to obtain that .

2) How soon should we start the process

3) During the process of getting that visa will I be allowed to stay with my spouse in US or I will be staying in my native country until the stamping is done.

Currently I hold a tourist visa (B2) to US valid until 2017.

Note : Ours is an arranged marriage ( arranged by our parents ) and we did a small ceremony of exchanging gifts which was like a verbal commitment.

I am not sure If we can apply for a Fiance visa as they ask for proof like emails, love letters, travel tkts etc... but I want to accompany my fiance immediately after the wedding in July.

Please help us as we both don't know from where to start and which visa will be best for us.

Thanks in advance.

Edited January 23, 2013 by Asgo

[LORIEandPHIL 123]

I am residing in Bangalore India and getting married to a US citizen who lives in Detroit, in coming July 2013. I had few questions and need your assistance : -

1) Which visa should we apply for ( K1 / K3 / CR1) to enter in USA and how much time it will take for me to obtain that .

2) How soon should we start the process

3) During the process of getting that visa will I be allowed to stay with my spouse in US or I will be staying in my native country until the stamping is done.

Currently I hold a tourist visa (B2) to US valid until 2017.

Note : Ours is an arranged marriage ( arranged by our parents ) and we did a small ceremony of exchanging gifts which was like a verbal commitment.

I am not sure If we can apply for a Fiance visa as they ask for proof like emails, love letters, travel tkts etc... but I want to accompany my fiance immediately after the wedding in July.

Please help us as we both don't know from where to start and which visa will be best for us.

Thanks in advance.

Have you met in person within the last two years? can you provide proof of an ongoing relationship? If the answers are no, then you can't get a K-1 visa.

If you get married then apply for CR1 visa you will still need to provide proof of a bona fide relationship. the US citizen will also have to earn above the US poverty levels so as to show you will not be a burden on the state.

Whatever route you go, there is no chance that you will get a visa by July. Read the guides on this site, then decide between you the best route for you both. Good luck in the future, hope it works out for you.

[Sarah Elle-Même 660]

Have you met in person within the last two years? can you provide proof of an ongoing relationship? If the answers are no, then you can't get a K-1 visa.

If you get married then apply for CR1 visa you will still need to provide proof of a bona fide relationship. the US citizen will also have to earn above the US poverty levels so as to show you will not be a burden on the state.

Whatever route you go, there is no chance that you will get a visa by July. Read the guides on this site, then decide between you the best route for you both. Good luck in the future, hope it works out for you.

^ This. I suggest you get married in India and get apply for a spouse visa, especially if you really want to get married in July. But as LorieandPhil said you still need to provide evidence of your bonafide marriage. Co-mingle your assets, collect a lot of evidence. Yes you may have a tourist visa to the US but if you are coming on a tourist visa with the intent to get married they will very likely turn you back around at POE. And you can't lie to CBP and say you don't have that intent or you'll risk a lifetime ban.

[Asgo 0]

Have you met in person within the last two years? can you provide proof of an ongoing relationship? If the answers are no, then you can't get a K-1 visa.

If you get married then apply for CR1 visa you will still need to provide proof of a bona fide relationship. the US citizen will also have to earn above the US poverty levels so as to show you will not be a burden on the state.

Whatever route you go, there is no chance that you will get a visa by July. Read the guides on this site, then decide between you the best route for you both. Good luck in the future, hope it works out for you.

Yes we did meet in person in December'12 and have photos of the ceremony we did in Dec with our family members in it. We used to chat 3 yrs back and then lost touch.. but I guess we cannot show those chats or emails as proofs as there was a break of 3 yrs in btw.

If We go for CR1 visa, We can provide a marriage certificate which we will getting immediately after the wedding in India. I am aware of the salary and Thankfully he is well off

Edited January 23, 2013 by Asgo

[Penguin_ie 6,005]

Marriage in July and then staying with her in the USA is not going to happen.

- If you met in the last 2 years, your USC fiancee can petition you for a K1 fiance visa, but even if she sends that off tomorrow it is extremely unlikely to be granted by July.

- If you get married while on the tourist visa in July, then your new wife sends off the CR-1 spousal visa paperwork, it will take 9+ months to get that visa. You can visit on your tourist visa during either process, but cannot stay/ live/ work in the USA.

[Asgo 0]

^ This. I suggest you get married in India and get apply for a spouse visa, especially if you really want to get married in July. But as LorieandPhil said you still need to provide evidence of your bonafide marriage. Co-mingle your assets, collect a lot of evidence. Yes you may have a tourist visa to the US but if you are coming on a tourist visa with the intent to get married they will very likely turn you back around at POE. And you can't lie to CBP and say you don't have that intent or you'll risk a lifetime ban.

If I apply for a spouse visa after I get married.. then my biggest fear is that, will I be allowed to travel to US on tourist while My CR1 application will be in process. Will US embassy surrender my passport? If I can provide the proof with the photos of the ceremony, am I eligible to apply for K1 visa.

[lost_at_sea 995]

If I apply for a spouse visa after I get married.. then my biggest fear is that, will I be allowed to travel to US on tourist while My CR1 application will be in process. Will US embassy surrender my passport? If I can provide the proof with the photos of the ceremony, am I eligible to apply for K1 visa.

You can travel to the US while a petition like the CR-1 is pending, but, as always, they can deny entry at POE if they believe you're intending to do something that is outside of the permissions of the tourist visa. You just have to be clear that you're just there for a visit and are staying within the terms of the tourist visa limits (usually, you cannot stay for more than 90 days, for example, although I'm not familiar with the restrictions of a B visa). You'll have to show you're not living and working there if they ask.

[CaroSL 68]

I am residing in Bangalore India and getting married to a US citizen who lives in Detroit, in coming July 2013. I had few questions and need your assistance : -

1) Which visa should we apply for ( K1 / K3 / CR1) to enter in USA and how much time it will take for me to obtain that .

2) How soon should we start the process

3) During the process of getting that visa will I be allowed to stay with my spouse in US or I will be staying in my native country until the stamping is done.

Currently I hold a tourist visa (B2) to US valid until 2017.

Note : Ours is an arranged marriage ( arranged by our parents ) and we did a small ceremony of exchanging gifts which was like a verbal commitment.

I am not sure If we can apply for a Fiance visa as they ask for proof like emails, love letters, travel tkts etc... but I want to accompany my fiance immediately after the wedding in July.

Please help us as we both don't know from where to start and which visa will be best for us.

Thanks in advance.

Hello Asgo.

3 things:

1. You are planning to get married in India? If so, and if you decide to go with the CR1, I would make sure there are not any specific additional requirement with the CR1 process. Most people on VJ always talk about getting married in the US then go back in their home country, so it might be just a little different (not sure at all, but possible) I think if you go through the CR1 guide, you'll find this info
2. You keep talking about a ceremony you had in india. If you choose to go through the K1 road, make sure it cannot be mistaken with a wedding ceremony. The main requirement for a K1 is that you are both able to marry. They will not grant you the visa if they think you are already married (a little silly but it seems to be the way it works). You'll find so many threads about this on VJ.
3. If you go through the K1 route, don't plan a wedding in July. It won't work. We sent the petition on June 1st, I am still stuck in france, I don't have an interview date... July won't work. And everybody here will tell you if you go for K1, don't make wedding plans before having the visa in hand. You can't apply for the visa and marry in India anyway in July even if you don't have it. With K1, you must be able to marry (ie not married) to get it and still be able to marry when you enter the US on your K1, then enter the US and marry your fiancé. So I think with K1 you can't get married in India...(please correct me if I am wrong)

Hope it helps. Good luck!

[Asgo 0]

Hello Asgo.

3 things:

1. You are planning to get married in India? If so, and if you decide to go with the CR1, I would make sure there are not any specific additional requirement with the CR1 process. Most people on VJ always talk about getting married in the US then go back in their home country, so it might be just a little different (not sure at all, but possible) I think if you go through the CR1 guide, you'll find this info
2. You keep talking about a ceremony you had in india. If you choose to go through the K1 road, make sure it cannot be mistaken with a wedding ceremony. The main requirement for a K1 is that you are both able to marry. They will not grant you the visa if they think you are already married (a little silly but it seems to be the way it works). You'll find so many threads about this on VJ.
3. If you go through the K1 route, don't plan a wedding in July. It won't work. We sent the petition on June 1st, I am still stuck in france, I don't have an interview date... July won't work. And everybody here will tell you if you go for K1, don't make wedding plans before having the visa in hand. You can't apply for the visa and marry in India anyway in July even if you don't have it. With K1, you must be able to marry (ie not married) to get it and still be able to marry when you enter the US on your K1, then enter the US and marry your fiancé. So I think with K1 you can't get married in India...(please correct me if I am wrong)

Hope it helps. Good luck!

Thanks for pointing that out.. I didnt knw.. that while K1 will be in process I will not be able to go ahead with our wedding plans in July. But since evethg is finalised for July wedding I guess we will go ahead with CR1 visa. I read a lot of threads and guide about CR1 visa, but my biggest threat is this only that it takes a lot of time to process and not sure if I can travel during that time period and spend some time with my would husband after July on visitors visa. The timeline shown by most of the applicants here is scary.. as it takes almost 8-10 mnths

[Asgo 0]

Also is it advisable to apply it on our own or go via some immigration firm like - kvisas.com or a Lawyer? Their prices seem to be very high so I am just exploring options.. to be on a safe side, is it an easy process to apply on our own?

[CaroSL 68]

Thanks for pointing that out.. I didnt knw.. that while K1 will be in process I will not be able to go ahead with our wedding plans in July. But since evethg is finalised for July wedding I guess we will go ahead with CR1 visa. I read a lot of threads and guide about CR1 visa, but my biggest threat is this only that it takes a lot of time to process and not sure if I can travel during that time period and spend some time with my would husband after July on visitors visa. The timeline shown by most of the applicants here is scary.. as it takes almost 8-10 mnths

Yes, it is very long. But it is possible to go through it, I promess. CR1 and K1 currently take about the same time.

If you are worried you won't be able to enter the US on the CR1 visa, I think you can, you just have to be able to show strong ties to India (but this question is probably answered on the CR1 forums, and much more reliable than my opinion). If you can't enter the US, or you think it will be risky and you don't want to risk to travel all the way there and be denied entry, you can always take a vacation together elsewere, meet in the middle

Good luck to you!

[Asgo 0]

Yes, it is very long. But it is possible to go through it, I promess. CR1 and K1 currently take about the same time.

If you are worried you won't be able to enter the US on the CR1 visa, I think you can, you just have to be able to show strong ties to India (but this question is probably answered on the CR1 forums, and much more reliable than my opinion). If you can't enter the US, or you think it will be risky and you don't want to risk to travel all the way there and be denied entry, you can always take a vacation together elsewere, meet in the middle

Good luck to you!

Yes we can plan to do that . I am also employed with a IT firm so showing a return tkt nd a letter from employer that i will resume work will be strong enough. Thanks for feeding me with all the pros and cons of K1 visa. Now we just need to prepare ourselves enough to wait for the right time to aplly for CR1 visa.

[CaroSL 68]

Also is it advisable to apply it on our own or go via some immigration firm like - kvisas.com or a Lawyer? Their prices seem to be very high so I am just exploring options.. to be on a safe side, is it an easy process to apply on our own?

I don't think it is usefull to get a lawer to petition. Following the guidelines here is enough. Filling out the I-129F and providing evidence is not complicated. Plus the lawer can't provide information instead of you...

Maybe if you feel you have a very complicated situation then yes, it is usefull, but otherwise I wouldn't advise it.

Only my opinion.

[Asgo 0]

Yes I went through all the forms and detail procedure and none of it seems like taxing to me. Hopefully we will do it on our own.