Jamaican fiance denied!!

[Shante 0]

I was assuming my fiancé would be granted a tourist visa.. Since he's already been to the us to attend college. ( he's Jamaican) He was denied today because his ties weren't strong enough to his country. Hes been at his job for ten years. . has two children and returned after college. My question now is should I marry him in Jamaica and apply for the spousal visa? I heard the fiancé visa is a long process. I'm new to this all.

[Inky 1,110]

The spousal visa will take about a year to go through. Have a look at the break down for the visas. http://www.visajourney.com/content/compare

[Shante 0]

Thanks inky

[yorubaqueen13 28]

The fiance visa "typically" takes less time however these days ya never kno!! Lol both the visa & spousal visa's are being adjudicated at about the same rate.. But if the service centers get back on task then the K-1 fiancee visa will take less processing time. The benefit to a spousal visa as opposed to a fiancee visa is with a spousal visa when the benificiary enters the US u will not need to adjust status like u do need to with a fiancee visa. U have 1 last step to take if u get married then file..

"One LESS step" not last..

Edited May 22, 2013 by yorubaqueen13

[Jamaica10 13]

I'm currently in the process of finishing up the last stages of the fiance visa and from my experience I would say to go ahead and get married due to the fact that the steps for the marriage process is a shorter route. When doing a fiance visa you have to do the process for the petition and if he is approved and comes here, you still have to get married and start the second phase of getting him is greencard, so I reccomend marriage. If I could do it all over I would have just gotten married. The fiance visa is a waste of time and money. I had to wait 8 months just to see if the application was approved and now he has to do an interview to see if they will approve him to come to the states... If things doesn't work out, we will have lost out on a lot of money because we paid $340 for the application fee, he has to pay for medical, $240 for the visa fee, and so much more... Good Luck

[Shante 0]

Thank you!!!!

[MedRoni 161]

I was assuming my fiancé would be granted a tourist visa.. Since he's already been to the us to attend college. ( he's Jamaican) He was denied today because his ties weren't strong enough to his country. Hes been at his job for ten years. . has two children and returned after college. My question now is should I marry him in Jamaica and apply for the spousal visa? I heard the fiancé visa is a long process. I'm new to this all.

I am sorry to hear he cannot visit, however the strong ties to his country are the same ties he is giving up by coming here as your fiance, so it makes sense to me how they could deny him.

Take a look at both options and what is most important to you. As mentioned, lately there has not been much of a difference in processing time between your two options. Could it change? Maybe... could it not? Maybe. So check out if it is more important for him to have a green card up front and be able to work, get his social security card, drivers license (depending on state) and not worry about immigration until the ROC... or is it more important to have the wedding in the states... what is your best option monetarily, etc.

Best of luck on your journey either way!

[TBoneTX 43,523]

*** Thread moved from CR-1 Process forum to General Immigration Discussion -- OP is weighing visa paths. ***

[Pinkrlion 2,616]

I was assuming my fiancé would be granted a tourist visa.. Since he's already been to the us to attend college. ( he's Jamaican) He was denied today because his ties weren't strong enough to his country. Hes been at his job for ten years. . has two children and returned after college. My question now is should I marry him in Jamaica and apply for the spousal visa? I heard the fiancé visa is a long process. I'm new to this all.

They always deny for tourist visa, it has no reflection on any past visas.

The fiance visa takes at least 8-10 months for the entire process, and then you have another process of AOS with a wait time of 8-12 months, depending upon where you live.

The spousal visa takes at least 10-12 months, but you will be completely finished with the entire visa process for 2 years.

[Texberger 2]

Thanks inky

Damn girl, you fine!!

[Shiobhan 235]

I say get married and when he gets there he goes straight to work

[BeanCamp 28]

I too am going through the fiance process. If I knew it was just as long to go through the marriage, I would have chosen marriage. Just on the basis that once he is here (with the fiance visa) he will have to wait until his EAD is approved to find work. Which right now is processing at about 4 months. With the marriage visa, he would have been able to work once he entered.

But then again, we had only met a few months before filing so I think proving bonafide relationship could have been more difficult through the marriage visa process. Especially since Jamaica is classified as high fraud. I guess each situation is different. Only you can decide. Either route has its pro's and con's. I can tell you from obervation, after USCIS approves a petition, the process seems to move rather quickly for a fiance visa rather than marriage. Best of luck with your decision and journey.

Edited May 23, 2013 by BeanCamp

[skiptex 225]

My now wife..

Did not want to do want to get married then be seperated..

So she chose k1. I was om either way.. but I kind of agreed with her