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LoriJamsPatchett

HELP!! Fiancé in Algeria Work Visa or K1 faster

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Ok I’m so new at this and I want my fiancé over here the fastest and cheapest way possible. I’m thinking getting him here on a work visa might be fastest. He has a degree or something as a plumber and my friend can and is willing to apply for the work visa for him. I just don’t know which type is our best bet? He does not have a bachelors degree or anything so I don’t know if that matters. But anyways than once he’s here we plan to marry and then go from there. Any advice on work visas, total price, time frame and such would be awesome   

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work visas are quite complicated to get - he needs a job, the job needs to get certification that it's impossible to hire a US citizen, etc.

As it is your plan to get married, a fiance or spousal visa is more appropriate - since that's also the goal of his coming here. Read up on the process here: https://www.visajourney.com/faq/k1faq.htm/

 

It's not fast nor cheap... And him being from Algeria is also a complicating factor.

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work visa wont work.

 

there are plenty of american plumbers your friend could hire. dime a dozen.

 

work visas are limited to a very finite pool of possibilities.

 

also, from one skilled tradesman's 'almost wife' to another ... learn the terminology. ;)


5/7/2018 K1       Application mailed

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If he gets a work visa with an intent to immigrate, it’s straight up fraud.  Take it off the table.  People paint themselves into a corner if they start off misrepresenting their intent.

Edited by bakphx1

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16 minutes ago, bakphx1 said:

If he gets a work visa with an intent to immigrate, it’s straight up fraud.  Take it off the table.  People paint themselves into a corner if they start off misrepresenting their intent.

Yikes I didn’t think about that. Was just trying to get him here fast

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Also really research Algeria abut a K1 and see if that's your best move. Many of the MENA countries K1's are deleted at a higher rate. Especially if the couple have red flags.

 

Also a plumber isn't an occupation that would ever get a work visa.


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10 minutes ago, debbiedoo said:

there is nothing about any of this process that is fast, cheap or easy. reconcile that fact now or youll be miserable the next 1-3 years.

Definitely take your time to understand what you’re getting into.  It’s a huge deal with big ramifications for both your lives.  Trying to rush it or beat the system will cause trouble down the road.

 

The first thing to keep in mind is starting from day one, what you say, file and document are set in stone in the immigration file and are very thoroughly reviewed.  

 

That said, the most useful visa is the CR1. Its a little slower, but the immigrant arrives with a work permit and Social Security comes quickly.  All the time saved in visa processing is offset by having someone bored, unable to work or drive for up to six months.  The thought “I don’t care.  We just want to be together!”  Gives way to “oh my God, this is difficult “ after a few weeks the immigrant feels like he/she is under house arrest and the spouse must support both. 

 

 

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48 minutes ago, LoriJamsPatchett said:

Yikes I didn’t think about that. Was just trying to get him here fast

Immigration is not fast for law abiding people.....I would suggest you evaluate the advantages of both a K-1 and a CR-1.  Please be aware that the difference in processing time between the fiance visa and the spousal visa is only about 3 months in most cases....

K-1

More expensive than CR-1    
Requires Adjustment of Status after marriage (expensive and requires a lot of paperwork)    
Spouse can not leave the US until she/he receives approved Advance Parole (approx 5-6 months)    
Spouse can not work until she/he receives EAD (approx 5-6 months)    
Some people have had problems with driver licenses, Social Security cards, leases, bank account during this period    
Spouse will not receive Green Card for many months after Adjustment of Status is filed.

 

CR-1    
Less expensive than K-1    
No Adjustment of Status  (I-485, I-131, I-765) required.    
Spouse can immediately travel outside the US    
Spouse is authorized to work immediately upon arrival.    
Spouse receives Social Security Card and Green Card within 2 or 3 weeks after entering the US    
Opening a bank account, getting a driver's license, etc. are very easily accomplished with GC, SS card, and passport.
Spouse has legal permanent Resident status IMMEDIATELY upon entry to US. 

My Final Analysis:  If you can marry your fiance in his/her country or outside the US, CR-1 is a much, much better option


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1 hour ago, LoriJamsPatchett said:

Yikes I didn’t think about that. Was just trying to get him here fast

Yeah, fast and immigration don’t exist in the same sentence unless you include not 😆

 

As mentioned above you need to think if a fiancé visa is even a good idea if you have red flags and Algeria, we have seen lots denied especially if the following is also true

 

US citizen (female) is older 

US citizen (female) already has kids/divorced (especially if age would make it unusual to have more)

Only one or two visits that are short

Proposal very fast after first contact or marriage on first visit if spousal visa

 

The reason is that it’s not a societal norm for the beneficiaries country to marry an older woman who already has kids or is divorced especially if there is a chance that more children can’t be had - lots of pressure on guys to have their own biological children so to go into a relationship knowing this is unlikely or impossible is not the norm and would in most cases cause issues with his family. 

 

With a fiance visa if its denied it is typically just sent back to die off but with a spousal visa there is a chance it can be reaffirmed. 

 

If all else fails could you move there? Have you discussed that possibility with him? 


K-1 Met:2002 Dating :2003 I-129F Sent : 2013-06-01 I-129F NOA2 : 2013-08-20 Medical: 2013-12-20 Interview Date : 2014-01-22 POE: 2014-02-19 Wedding: 2014-03-18

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2 minutes ago, Illiria said:

Yeah, fast and immigration don’t exist in the same sentence unless you include not 😆

 

As mentioned above you need to think if a fiancé visa is even a good idea if you have red flags and Algeria, we have seen lots denied especially if the following is also true

 

US citizen (female) is older 

US citizen (female) already has kids/divorced (especially if age would make it unusual to have more)

Only one or two visits that are short

Proposal very fast after first contact or marriage on first visit if spousal visa

 

The reason is that it’s not a societal norm for the beneficiaries country to marry an older woman who already has kids or is divorced especially if there is a chance that more children can’t be had - lots of pressure on guys to have their own biological children so to go into a relationship knowing this is unlikely or impossible is not the norm and would in most cases cause issues with his family. 

 

With a fiance visa if its denied it is typically just sent back to die off but with a spousal visa there is a chance it can be reaffirmed. 

 

If all else fails could you move there? Have you discussed that possibility with him? 

Ugh I know but it’s killing us and we’ve only been apart a week 😂 

 

I’m 37 and he’s 32, I can still have kids but yes divorced with 4.

Just got back from a 2 week trip and engagement.

Our situation is a little different than most. We both have been in the news about this and I’m all over facebook too lol So lots of people know about our relationship. That’s why I was thinking all that would help approve the K1.

 

Yes we have discussed and he would love me to BUT I have kids and I just can’t move there and leave my 17,16,13 year old here 😞

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33 minutes ago, missileman said:

Immigration is not fast for law abiding people.....I would suggest you evaluate the advantages of both a K-1 and a CR-1.  Please be aware that the difference in processing time between the fiance visa and the spousal visa is only about 3 months in most cases....

K-1

More expensive than CR-1    
Requires Adjustment of Status after marriage (expensive and requires a lot of paperwork)    
Spouse can not leave the US until she/he receives approved Advance Parole (approx 5-6 months)    
Spouse can not work until she/he receives EAD (approx 5-6 months)    
Some people have had problems with driver licenses, Social Security cards, leases, bank account during this period    
Spouse will not receive Green Card for many months after Adjustment of Status is filed.

 

CR-1    
Less expensive than K-1    
No Adjustment of Status  (I-485, I-131, I-765) required.    
Spouse can immediately travel outside the US    
Spouse is authorized to work immediately upon arrival.    
Spouse receives Social Security Card and Green Card within 2 or 3 weeks after entering the US    
Opening a bank account, getting a driver's license, etc. are very easily accomplished with GC, SS card, and passport.
Spouse has legal permanent Resident status IMMEDIATELY upon entry to US. 

My Final Analysis:  If you can marry your fiance in his/her country or outside the US, CR-1 is a much, much better option

This is an excellent comparison of the CR1 and K1.

If I may, I would like to add one more thing to the expense of the K1.....my French speaking Algerian husband recently went through AOS and I insisted we have an interpreter accompany us to the interview (I’m in Arkansas.....not easily found here). 

It would have been a non issue if we had done the CR1.

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It's not fraud for immigrant intent if the work visa is an H-1B, L class, or O-1 visa.

That said, O-1 is pretty much off the table.

L doesn't seem to fit his line of work.

H-1B is a lottery and won't be open again until next year. His line of work also doesn't seem to fit either, and he would need a bachelor's degree.

All of the above are also quite not cheap (thousands of $s) and the bulk of the work would be on the hiring company's attorney without any guarantee of success. H-1B requires the labor certification as well.

 

Seems like K-1 or CR-1 would be the practical option.


Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

10/24/18: Green card produced notice

10/25/18: Formal approval

10/31/18: Green card received

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

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have to add to all of the above few businesses can afford the lawyer for a work related  visa

and it is a slow process 

CR1 as u have met in person

and it was smart not to marry on the 1st trip

u need to read the portal for Algeria and embassy interviews

 

and the web page is a good place to check requirements to marry in algeria

 

https://dz.usembassy.gov/u-s-citizen-services/local-resources-of-u-s-citizens/marriage-in-algeria/

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3 hours ago, LoriJamsPatchett said:

Ugh I know but it’s killing us and we’ve only been apart a week 😂 

 

I’m 37 and he’s 32, I can still have kids but yes divorced with 4.

Just got back from a 2 week trip and engagement.

Our situation is a little different than most. We both have been in the news about this and I’m all over facebook too lol So lots of people know about our relationship. That’s why I was thinking all that would help approve the K1.

 

Yes we have discussed and he would love me to BUT I have kids and I just can’t move there and leave my 17,16,13 year old here 😞

I watched the news coverage. Exactly what kind of “engagement” did you have? 

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