Getting Married While K1 is Processing?

[aaron2020 11,651]

She was told it was unlikely she would return to her home country. They didnt even look at the documents she brought with her.

Hi,

US laws presume that all visitor visa applicants intend to immigrate to the US. It is up to the applicant to show strong ties to the home country to rebut the presumption. The applicant provides this information on the application. Documents brought to the interview will not be looked at. That's the policy of the US government.

IMHO - my guess as to why documents are not look at is because it would take time to verify those documents. Taking the time to do that would mean longer delays for everyone else. You only get one shot per application.

Failing to get a visitor visa is not a problem for the K-1 applicant as long as the applicant did not lie on any immigration forms.

Edited May 25, 2015 by aaron2020

[AverysMom 76]

I don't want to know the reason why she was rejected twice for a tourist visa, but you might look at the reasons why and ask yourself if those same reasons will be used for a K1. She must have some red flags to get denied a tourist visa and a K1 isn't easier than a tourist (in my opinion)

This isn't necessarily true. Most people are denied tourist visas because they lack proof (enough money in the bank, property, family ties, good job, etc) they have the intention to return back to their country and not just use the tourist visa to stay in the U.S. after the timeframe expires.

K-1 and CR-1 are visas with the intention that the beneficiary will stay in the U.S., and proof of returning is not a factor in deciding if a beneficiary will be granted these types of visas.

[avrora9002 21]

I don't want to know the reason why she was rejected twice for a tourist visa, but you might look at the reasons why and ask yourself if those same reasons will be used for a K1. She must have some red flags to get denied a tourist visa and a K1 isn't easier than a tourist (in my opinion)

In some countries it is much easier to get a K1 than a tourist visa

[Ebunoluwa 6,136]

I don't want to know the reason why she was rejected twice for a tourist visa, but you might look at the reasons why and ask yourself if those same reasons will be used for a K1. She must have some red flags to get denied a tourist visa and a K1 isn't easier than a tourist (in my opinion)

The two visas are totally different like apples and oranges. The reasons the B2 wasn't issued have absolutely nothing to do why a K1 would be

denied or approved.

[Ebunoluwa 6,136]

OK well, I don't know what to believe at this point. The person that told me this was an immigration officer.

They don't call it the misinformation line for nothing. The person who told you so, immigration officer or not, is dead wrong.

You received correct information about the K3 in this forum, it is obsolete even if it is still on the books and you definitely can't use it.

Depending on which service center you will be processed at it can take different length of time for a K1 (I-129F).

Please fill in your time line.

[aaron2020 11,651]

Only a material misrepresentation during the visitor visa process would impact the K-1. A simple denial for not being able to rebut the immigration presumption is not a problem. Many people who have been denied visitor visas have successfully received K-1 visas.

[CowBoE 429]

Listen to everyone here. That immigration official is wrong or you misunderstood.

If you can marry in US, stick to the K1 visa all the way through.

If you must marry in her country soon, then do the spouse visa.

[Villanelle 4,121]

OK well, I don't know what to believe at this point. The person that told me this was an immigration officer.

Bah.

The immigration officer did not lie to you. You asked them a direct question so they gave you a direct answer. Immigration infopass workers provide information only- not opinions. They can be an incredibly infuriating agency to deal with because they have very strict guidelines on their interactions. They can not offer you advice, opinions, tell you if you are making a bad choice or asking the wrong questions- simply provide you with information plain and simple.

I have no idea why people are telling you they are wrong because honestly they are not wrong or misinformed. Technically by the letter of the law everything they said is correct. FACT- You can switch from one petition to another- there is no 'you must go through with it' No one can make you do anything. Fact- you will lose your money and time if you switch from one type to another like a fiance (K1) to spousal (CR). BUT the general opinion of most is- why? why lose money and time paying for and filing an application you dont intend to use? It doesnt hold your place in line.

If the immigration officer gave you that impression - then that was your misunderstanding of the process. Did you specifically ask the officer about that? No. You asked a specific question and got the specific response. Thats the government process at work. You would have needed to ask the specific follow up question of what happens to my K1 fees and processing times? Do I start the wait over etc. It would have been then explained to you.

If you did ask that, they would have told you the answer. Filing a K1 puts you in the K1 line. If you no longer want it or dont qualify because you marry, you withdraw it/cancel it and switch over the CR process. You start at the beginning of that line. Doesnt matter if you were on the other line. New process- new line. Again, its infuriating, but this is how they work. They only answer what is asked/dont provide additional suggestions on paths/offer advice or any type of suggestions to influence you. (sorry)

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The K3 as others stated is an obsolete form. They wont stop you from filing it and it does happen every so often that people get it. More often then not its a waste of time. It was designed for when the process took so long for the spouse to be able to come to the US while paperwork was being processed but since things move faster your papers are usually done around the same time the K3 is done being processed. So you dont need the K3 at that point. (the imaginary scenario is that whomever is the worker that gets the K3 paperwork takes it and shoves it to the bottom of the pile and says huh a K3- Ill save that for a rainy day because they know if they invest time in processing it someone else somewhere is working on the CR and they will finish at the same time or sooner so why bother)

Your options are - the K1 or the CR since you have not married yet. No one can tell you which is faster as processing times vary and every case moves at its own speed. You can check out the guide section at the top of the forum for an overview of the processes.

You havent filed anything yet so there is nothing for you to fill out in on the timeline feature here, but you can check others timelines in your area to see how processing is going around you.

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Everyone in the visa process experiences frustration at being separated from their loved one during the process so you are not alone. Take comfort in that. I know it makes it intensely harder when one of you is unable to travel to the other. All I can say is hang on and know that the situation is just temporary. In the context of spending the rest of your lives together a few months here or there, while it seems like so much because its right now in the present, its just a few months out of thousands you will have together. You will make it through like I did and all the others on this thread did. VJ can be a wonderfully supportive community if you need it.

[SantyAndAllie 155]

I was waiting for someone to address OP's question on the difference between service centers and wait times.....

For your question about wait times for K-1, it depends on the service center AND consulate. Two service centers: Texas & California. Texas is backlogged to August (what you might've heard; they're taking 6-8 months for approvals; mine took 6 months) while California has taken as little as a few weeks for approval, though, as they told you, it can take a few months sometimes depending on the case. From there it can take about 2-4 weeks to get to National Visa Center, where they'll send it to your fiancee's consulate. Then it depends on how quickly your consulate sends your package, schedules your interview, and then gives you the visa. Some take a few months to schedule an interview, while others take a few weeks. You can check out processing times for K-1 visas for Texas & California, along with your consulate's average time here: http://www.visajourney.com/timeline/stats.php?history=90

However, if you are in Washington, as your profile says, I believe your case would be routed to California, meaning a possible quicker wait than the 7-8 months that Texas has right now. so check out your consulate's wait times, and you can have a general idea of how long the whole process will take. And in the meantime, you can visit your fiancee in her country.