Jump to content
A&Jul

Still engaged after K-1 Visa. What's better now?

21 posts in this topic

Recommended Posts

Hi,

 

Me and my fiance finished a K1 Process 2 years ago, I went to the states and we didn't made It to get married from some personal reasons. Now we are still together and want to get married In the states. 

 

What Is the best option for us? K1 Visa again? Or Marriage visa? and how long should the marriage visa will take from the moment we have a marriage certificate ?

 

Thank you

Share this post


Link to post
Share on other sites
37 minutes ago, A&Jul said:

Me and my fiance finished a K1 Process 2 years ago, I went to the states and we didn't made It to get married from some personal reasons. Now we are still together and want to get married In the states. 

 

What Is the best option for us? K1 Visa again? Or Marriage visa?

Are you still in the US? If you left the US, was it before the K-1 I-94 date passed?

Share this post


Link to post
Share on other sites

Every couple has their own priorities, and each couple must decide which visa is better for their situation.

K-1
    Slightly faster arrival in the US (currently about 3 months sooner)    
    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.
    *Allows beneficiary's children to obtain a K-2 visa and Adjust Status based on that up to age 21


CR-1
    Slightly slower arrival in the US (currently about 3 months later)

    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.   

   * Only the biological parent (or adopted in limited cases) can petition for the child AFTER ENTERING THE US ON A CR-1.

 

Currently, the CR-1 takes about 12-14 months after submitting the paperwork.


 

Edited by missileman

"Experience can be a tough teacher to those who fail to heed good advice"- Missileman, 12/6/18

 

First career- 20 year Retired E-8, USAF Missileer,

Second career-Retired Registered Nurse, experience in Labor& Delivery, Home Health, Adolescent & Adult Psych

Third career-Retired IT Developer & Database Administrator for surgical services dept.

 

Immigration Journey:

  • Texas Service Center after transfer from Nebraska
  • Consulate :Taipei, Taiwan
  • Marriage: 7/30/2015
  • I-130 NOA1 : 4/27/2016
  • I-130 Approved :9/8/2016
  • Case received at NVC: 10/11/2016                               
  • Case # and IIN#: 10/24/2016
  • AOS Fee Invoiced:10/24/2016  
  • AOS Fee Paid:10/25/2016
  • IV Fee Invoiced:10/24/2016  
  • IV Fee Paid:10/25/2016
  • DS-260 Completed: 10/28/16
  • Scan Date:11/9/2016
  • Supervisor review: 12/21/16 
  • Checklist: 1/13/17 
  • Case Complete: 4/10/17
  • Interview Date: 5/8/17 
  • Visa  "ISSUED": 5/10/17
  • Visa and Passport in hand/Flight to USA Booked!!!: 5/12/17  
  • POE Dallas DFW on June 22, 2017
  • SS Card received : 7/3/2017
  • 2-year Green Card received in mail: 7/15/17
 

Share this post


Link to post
Share on other sites
4 minutes ago, A&Jul said:

I'm not In the US. I left before the 90 days was over yes

Then you have 2 options:

  1. She can file a new I-129F now (if you have physically met in the last 2 years); OR
  2. You travel to the US as a tourist (apply for a US tourist visa if you don't already have one), you marry, she files a I-130 to start the CR-1 process, and you leave before your tourist status ends.

If you are able to do option #2, then it's recommended. See @missileman's analysis above.

Share this post


Link to post
Share on other sites

I'm not able to do option 2 because I got denied for tourist visa and they didn't like the fact that I didn't got married at the first K1 Visa.

 

We can do the 1-129 but the question Is If It's better chances than the I-130. The question what's better In our situation that we want to get the better chances and the faster process. 

 

 

Share this post


Link to post
Share on other sites
5 minutes ago, A&Jul said:

We can do the 1-129 but the question Is If It's better chances than the I-130. The question what's better In our situation that we want to get the better chances and the faster process.

If you want the official marriage to happen in the US, then K-1 is the only option. But you can marry in Israel (or other country), do the CR-1, and then have a renewal of vows in the US.

Share this post


Link to post
Share on other sites
6 minutes ago, A&Jul said:

I'm not able to do option 2 because I got denied for tourist visa and they didn't like the fact that I didn't got married at the first K1 Visa.

 

We can do the 1-129 but the question Is If It's better chances than the I-130. The question what's better In our situation that we want to get the better chances and the faster process. 

 

 

If you’ve been denied a tourist visa for this very reason I would get married in your country and file the CR1 visa. You can appeal a denied CR1. You cannot appeal a denied K-1. Also if you are already married questions about whether or not you would get married on the k-1 visa if it was issued again would be avoided. 


K-1 VISA

I129F Sent: 08/23/2017

NOA 1: 08/25/2017

NOA 2: 02/27/2018

NVC Received: 03/14/2018

NVC Case #: 03/15/2018

NVC Left: 03/24/2018

Embassy Received: 03/28/2018

Medical: 05/08/2018

Interview: 05/15/2018 

Visa issued: 05/18/2018

Visa received: 05/23/2018 

 

AOS

POE: 06/07/2018

SSN applied: 06/12/2018

SSN received: 06/28/2018

AOS Sent: 07/27/2018

Biometrics: 08/23/2018

Interview: 10/30/2018

Approval: 10/30/2018 

NOA2: 11/05/2018

Green card Received: 11/08/2018

 

 

NO MORE USCIS UNTIL ROC!!!!!😁

 

 

 

Share this post


Link to post
Share on other sites
10 minutes ago, A&Jul said:

I'm not able to do option 2 because I got denied for tourist visa and they didn't like the fact that I didn't got married at the first K1 Visa.

 

We can do the 1-129 but the question Is If It's better chances than the I-130. The question what's better In our situation that we want to get the better chances and the faster process. 

 

 

A "better chance" is irrelevant......both visas are contingent on a bona fide relationship.  A K-1 will allow the fiance to arrive in the US about 3 months sooner, but a CR-1 will give the immigrant spouse full legal permanent resident status immediately upon arrival.......if there are no children immigrating, the CR-1 is a much smoother route to having a Green card in hand.......see my post above.


"Experience can be a tough teacher to those who fail to heed good advice"- Missileman, 12/6/18

 

First career- 20 year Retired E-8, USAF Missileer,

Second career-Retired Registered Nurse, experience in Labor& Delivery, Home Health, Adolescent & Adult Psych

Third career-Retired IT Developer & Database Administrator for surgical services dept.

 

Immigration Journey:

  • Texas Service Center after transfer from Nebraska
  • Consulate :Taipei, Taiwan
  • Marriage: 7/30/2015
  • I-130 NOA1 : 4/27/2016
  • I-130 Approved :9/8/2016
  • Case received at NVC: 10/11/2016                               
  • Case # and IIN#: 10/24/2016
  • AOS Fee Invoiced:10/24/2016  
  • AOS Fee Paid:10/25/2016
  • IV Fee Invoiced:10/24/2016  
  • IV Fee Paid:10/25/2016
  • DS-260 Completed: 10/28/16
  • Scan Date:11/9/2016
  • Supervisor review: 12/21/16 
  • Checklist: 1/13/17 
  • Case Complete: 4/10/17
  • Interview Date: 5/8/17 
  • Visa  "ISSUED": 5/10/17
  • Visa and Passport in hand/Flight to USA Booked!!!: 5/12/17  
  • POE Dallas DFW on June 22, 2017
  • SS Card received : 7/3/2017
  • 2-year Green Card received in mail: 7/15/17
 

Share this post


Link to post
Share on other sites
26 minutes ago, missileman said:

* Only the biological parent (or adopted in limited cases) can petition for the child AFTER ENTERING THE US ON A CR-1.

But USC stepparents are eligible to petition children before the foreign spouse enters the US: https://www.visajourney.com/content/child "A stepchild if the marriage creating the steprelationship took place before the child reached the age of 18" The I-130s are processed separately. I have seen stepchildren enter the US with IR-2 way before the foreign spouse entered with a IR-1. Adoption is not required.

Edited by lummo

Share this post


Link to post
Share on other sites
1 minute ago, lummo said:

But USC stepparents are eligible to petition children before the foreign spouse enters the US: https://www.visajourney.com/content/child "A stepchild if the marriage creating the steprelationship took place before the child reached the age of 18" The I-130s are processed separately. I have seen stepchildren enter the US with IR-2 way before the foreign spouse entered with a IR-1.

Thanks


"Experience can be a tough teacher to those who fail to heed good advice"- Missileman, 12/6/18

 

First career- 20 year Retired E-8, USAF Missileer,

Second career-Retired Registered Nurse, experience in Labor& Delivery, Home Health, Adolescent & Adult Psych

Third career-Retired IT Developer & Database Administrator for surgical services dept.

 

Immigration Journey:

  • Texas Service Center after transfer from Nebraska
  • Consulate :Taipei, Taiwan
  • Marriage: 7/30/2015
  • I-130 NOA1 : 4/27/2016
  • I-130 Approved :9/8/2016
  • Case received at NVC: 10/11/2016                               
  • Case # and IIN#: 10/24/2016
  • AOS Fee Invoiced:10/24/2016  
  • AOS Fee Paid:10/25/2016
  • IV Fee Invoiced:10/24/2016  
  • IV Fee Paid:10/25/2016
  • DS-260 Completed: 10/28/16
  • Scan Date:11/9/2016
  • Supervisor review: 12/21/16 
  • Checklist: 1/13/17 
  • Case Complete: 4/10/17
  • Interview Date: 5/8/17 
  • Visa  "ISSUED": 5/10/17
  • Visa and Passport in hand/Flight to USA Booked!!!: 5/12/17  
  • POE Dallas DFW on June 22, 2017
  • SS Card received : 7/3/2017
  • 2-year Green Card received in mail: 7/15/17
 

Share this post


Link to post
Share on other sites
6 hours ago, lummo said:

But USC stepparents are eligible to petition children before the foreign spouse enters the US: https://www.visajourney.com/content/child "A stepchild if the marriage creating the steprelationship took place before the child reached the age of 18" The I-130s are processed separately. I have seen stepchildren enter the US with IR-2 way before the foreign spouse entered with a IR-1. Adoption is not required.

Correct.

That line is actually from me, but is lacking the context in which it was provided (notably "only if the marriage occurred from age 18 onward").

Edited by geowrian

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

 

 

Share this post


Link to post
Share on other sites
7 hours ago, missileman said:

 

   * Only the biological parent (or adopted in limited cases) can petition for the child AFTER ENTERING THE US ON A CR-1.

 

I have no idea why you confused the issue with this line.  It is NOT correct, and probably irrelevant to the OP's questions.


Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

Google Who is Pushbrk?

A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

Share this post


Link to post
Share on other sites
7 hours ago, A&Jul said:

I'm not able to do option 2 because I got denied for tourist visa and they didn't like the fact that I didn't got married at the first K1 Visa.

 

We can do the 1-129 but the question Is If It's better chances than the I-130. The question what's better In our situation that we want to get the better chances and the faster process. 

 

 

The third option should have been simply to marry ANYWHERE.  Not sure why anybody assumed it was a priority for the marriage to take place in the US.  The "chances" are better with a spouse visa, and if working is a priority, (can't work in the US for about a year after entering with a k1) then it's probably the best choice.  You really can't get fastest and better chance.  Work out your priorities and make the decision that best matches them.


Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

Google Who is Pushbrk?

A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

Share this post


Link to post
Share on other sites
9 minutes ago, pushbrk said:

I have no idea why you confused the issue with this line.  It is NOT correct, and probably irrelevant to the OP's questions.

Then, please correct my mistake.....


"Experience can be a tough teacher to those who fail to heed good advice"- Missileman, 12/6/18

 

First career- 20 year Retired E-8, USAF Missileer,

Second career-Retired Registered Nurse, experience in Labor& Delivery, Home Health, Adolescent & Adult Psych

Third career-Retired IT Developer & Database Administrator for surgical services dept.

 

Immigration Journey:

  • Texas Service Center after transfer from Nebraska
  • Consulate :Taipei, Taiwan
  • Marriage: 7/30/2015
  • I-130 NOA1 : 4/27/2016
  • I-130 Approved :9/8/2016
  • Case received at NVC: 10/11/2016                               
  • Case # and IIN#: 10/24/2016
  • AOS Fee Invoiced:10/24/2016  
  • AOS Fee Paid:10/25/2016
  • IV Fee Invoiced:10/24/2016  
  • IV Fee Paid:10/25/2016
  • DS-260 Completed: 10/28/16
  • Scan Date:11/9/2016
  • Supervisor review: 12/21/16 
  • Checklist: 1/13/17 
  • Case Complete: 4/10/17
  • Interview Date: 5/8/17 
  • Visa  "ISSUED": 5/10/17
  • Visa and Passport in hand/Flight to USA Booked!!!: 5/12/17  
  • POE Dallas DFW on June 22, 2017
  • SS Card received : 7/3/2017
  • 2-year Green Card received in mail: 7/15/17
 

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×