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Complex case, which visa to apply?

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Hi,

 

I and my gf are having difficulty to decide which visa to apply in current state of our situation. Could you please tell us your suggestions according to our case described below:

 

My gf is a US citizen, living in the US and has 2 kids. We have met 3.5 years ago online, we have been talking since then without break. However, since my heart is broken badly by my ex, I have commitment issues, i am afraid of being in relationship by thinking my heart would be broken again. For this reason, we have been kidding ourselves by saying we are not in a romantic relationship until recently. 

 

She came to visit me first time in Aug-2018. In September, I went to go to visit her and see the culture and life in the US before starting a romantic relationship with her. In passport control, I stated that I will stay with her and travel in the country as well to experience the culture. They took me to a room for further questioning. I have been traveling a lot (20 countries so far) and never experienced serious questioning so I assumed it will be few regular questions then they will let me in the country. However, they asked many questions it took more than an hour:

 

They: after checking her address written on  my CBP declaration form they asked me who is she, how do I know her etc.

Me: I explained that we are friends which we know each other 3.5 years and she came to visit my country so I helped her. Now, I am coming to visit her country. They: asked if I am in a romantic relationship with her, 

Me: I said no, since I am afraid of commitment which is the truth until then we had never said that we are bf and gf, we were just acting like friends. 

They: tell us about your job, education, owned property, ties to your country, etc

Me: I am an engineer, I quit my job abroad in apr-2017 to finish master in my country. Finished my master in Feb-2018. At the time of questioning, I wasn't working in any company, just making little money on my website. I have a flat but under construction, currently living with my family.

They: why are you coming to the US now after getting visa 4 years ago and why didn't you get your visa in your country

Me: I came to experience life and the culture (Halloween, etc.) and I didn't have time before due to busy work life. About visa, I didn't stay in my country more than 2 weeks when I was working abroad so I didn't have any chance to apply and get the visa in my country

(I got my b1/b2 visa when I was working abroad in that country 4 years ago)

They: asked her exact name including maiden name I told them but they didn't understand so I showed it on my phone, they took my phone and started checking my chat history with my gf (not gf at that time)

Me: that it is personal, can I get my phone

They: you are coming to our country we want to see the proof if you are saying the truth

 

Eventually they told me that "you don't have strong ties to your country, your education is over, you aren't working in any company and you are coming to the US to stay with your gf permanently". They said that they won't let me in so I have to sign "withdrawal of application admission" and "questioning record printout" and  go back to my country that day. I won't be barred from the country. Since I had no other choice, I signed it and flew back to my country. It was such a traumatizing experience to be questioned long time and to go back to my country. 

 

I was crushed, I had felt down for days. I had realized that I have been missing her a lot more than before and in love with her as I felt strong pain that I couldn't see her. In October 2018, she came to visit me in my country. We have decided to be in a romantic relationship as bf and gf after 3.5 years. We are such a slow movers, I think :( Now, we are rushing to be with each other all the time.

 

We want to start living together however she cant move to my country since her kids are in school and she has shared custody of kids with her ex. As we researched, we learned that we have 3 options, from the fastest to the slowest:

 

B1/B2 visa: 4 months to get the visa + 4 months to green card. (4 months until start living together.) I started working abroad this month so I have stronger ties now. I can apply for this visa few months later to show that I am committed to my job. If I can get the visa, I can go to the US and get married there and apply for status change in the US. This I might need to say that I am no longer in contact with her, which will be a lie. When I tell this lie, can I get approval for green card after getting married in the US?

 

K1 visa: as I read on this forum that for my country this visa takes around 8 months until approval + 4 months until green card in the US (8 months until start living together)

 

CR1: 18 months until approval. This seems like the safest way to go but the slowest. (18 months until start living together)

 

Sorry that it took this long to express myself. I don't want to screw this one up I wanted to point every detail so that you can give better suggestions. 

 

Could you please let us know which option is the best in our condition and why? How likely can we get approval for that option?

 

Thank you in advance.

 

Regards,

 

Edited by heyyou

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A B visa is out. It would be fraud at this point.

 

I'm on my phone and can't see your country/consulate so cant comment on any difficulties you may encounter with a k1.

 

Aos from b Visa is out, so That leaves k1 or cr1. You are not under a ban, so neither will affect the petition. You may or may not have issues visiting here while one is pending. 

 

Cr1 would be my choice. Cheaper, not much longer time wise, and travel and work basically immediately. 

 

 


5/7/2018 K1       Application mailed

5/9/2018             Application rec'd and signed for (sent via fedex)

5/14/2018          NOA1 Email notification

5/18/2018          NOA1 Paper copy rec'd (i797C)

11/5/2018          NOA2 ❤️ no RFE's

11/19/2018        NVC Received file

 

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4 minutes ago, Cyberfx1024 said:

The first option you gave in regards to the B1/B2 visa is considered visa fraud and no one will help you with that option here. Also after your removal I doubt that you would receive one anyway to be honest. 

 

K1 visa is the quickest option but also the more costly one overall. You have timeline wrong though in regards to this though. The current timeline is about 9-12 months to point of entry, you get married, file for AOS and get the Green card in about another 9-12 months. You can file for Advance Parole(AP) to travel abroad and the Employment Authorization Document (EAD) to work during the AOS process, those timeline are about 4-5 months after filing for AOS

 

CR1 visa is when you get married in your country and then she files for the visa for you. The current timeline is about 12-18 months overall. 

 

 

Personally I would do the CR1 visa if I were you. 

Wow :) I wasn't expecting such a helpful reply this quickly. Thank you so much. 

 

About b1/b2, my gf had a meeting with one attorney (her friend's mom). The attorney suggested this option that is why we included. Also, she said that we can't get b1/b2 after we file k1 or cr1 so we should try b1/b2 first.

 

However, we think she is probably wrong. your comment is really helpful. Is there any suggestion to make our case stronger when applying for cr1?

 

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Just now, debbiedoo said:

A B visa is out. It would be fraud at this point.

 

I'm on my phone and can't see your country/consulate so cant comment on any difficulties you may encounter with a k1.

 

Aos from b Visa is out, so That leaves k1 or cr1. You are not under a ban, so neither will affect the petition. You may or may not have issues visiting here while one is pending. 

 

Cr1 would be my choice. Cheaper, not much longer time wise, and travel and work basically immediately. 

 

 

He doesn't have a country listed....

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1 minute ago, heyyou said:

Wow :) I wasn't expecting such a helpful reply this quickly. Thank you so much. 

 

About b1/b2, my gf had a meeting with one attorney (her friend's mom). The attorney suggested this option that is why we included. Also, she said that we can't get b1/b2 after we file k1 or cr1 so we should try b1/b2 first.

 

However, we think she is probably wrong. your comment is really helpful. Is there any suggestion to make our case stronger when applying for cr1?

 

Yeah I would not go back to that attorney at all. Honestly at this point in time it looks like you don't need a attorney. 

 

You can get a B2 after you file fore the CR1/K1 visa but it is harder to get. 

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11 minutes ago, Ontarkie said:

~~Moved to What Visa Do I Need, from IR1/CR1 P&P - The OP is trying to find out his options.~~

 

 

Your B1/B2  AOS thoughts ends now. This is clear visa fraud.  Not likely you will get another visa so soon. There is a record of you trying to enter with intent to adjust. If and a Big if you ever get another visitor visa you would have a very hard time proving doing this was not planned.  

 

The comments are eye opener. Any suggestion for cr1 or k1?

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Just now, heyyou said:

The comments are eye opener. Any suggestion for cr1 or k1?

A lot of proof such as pictures together, tickets and hotel receipts from spending time together. If you do the CR1 route then you will need to start trying to comingle finances. 

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2 minutes ago, debbiedoo said:

Dont talk to that attorney again, they are suggesting immigration fraud and should be disbarred

Thanks, dont usually pop on here on my phone lol

Where should I list my country? 

We won't talk to her :) Thank you so much for commenting and guiding us to right path

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1 minute ago, heyyou said:

Where should I list my country? 

We won't talk to her :) Thank you so much for commenting and guiding us to right path

Go to your profile and click on Edit Profile, then where it says Country move the tab down to your country. This is to help give you better advice because some regions and/or countries vary information wise. 

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1 minute ago, Cyberfx1024 said:

A lot of proof such as pictures together, tickets and hotel receipts from spending time together. If you do the CR1 route then you will need to start trying to comingle finances. 

We have pictures, tickets, etc. can you tell us about comingle finance you said ?

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3 minutes ago, Cyberfx1024 said:

Go to your profile and click on Edit Profile, then where it says Country move the tab down to your country. This is to help give you better advice because some regions and/or countries vary information wise. 

Done. Thank you.

 

Do we have to have traditional big wedding for cr1? Or simple wedding is enough? Do we need to bring her parents to wedding in my country? Any other tips making sure that we have enough proof?

Edited by heyyou

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11 minutes ago, heyyou said:

Thank you so much for commenting and guiding us to right path

This link has good info: https://citizenpath.com/faq/preconceived-intent-adjust-status/


Your Input Is Appreciated On This VJ Guide Proposal: 

 

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