k-1 Are we ready to apply for the k-1?

[Cirub 10]

Hi, I am new in this community. I was reading a lot.

My couple is from Texas, he wants to apply for the k-1. We want to get married in USA. We are not sure when to apply, because we are so worried about know if our story is enought to apply. If we have the enought provements. 

 

I was my boyfriend's Au Pair, he was married. After four months living with his family, we start to fall in love (December 017, it was the last February when we were seriously. We went out together  but he was still married. In July i left the country because he need be focus in his divorce which is was long and difficult. We were stil, talking everyday by Hangout and WhatsApp. Once he got the divorce,, that happened the last December, we decided to travel to Toronto, Canada to meet each other. I can't go to USA because in October i applied to get the B-2 and i was rejected because i couldn't show ties to Spain. We took a pictures together when i was in USA with him. Once i left the country we sent some emails also. Our relation started one year ago, but he got his divorce in December. I was reading about what we need to show to prove our relation. I think we have all. He surprise me in our trip with a ring, he kept the receipt. 

 

Are we ready to apply? Should we wait more time? He is thinking in come to Spain in February or March. For him is hard travel because he has a full custody of his kids. 

Edited January 5, 2019 by CinBr

[Crazy Cat 39,192]

Why not just marry in Canada or Spain, and file a CR-1 spousal visa?

 

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.

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.
   

 

[JFH 12,189]

Are you Spanish? Why did you apply for a B-2 if you are Spanish? Are you not eligible for the VWP? 

 

You certainly meet the legal requirements for a K-1 (assuming his divorce is finalized). Whether this is a good time for you to start the process is another matter. How do the children feel? What about his extended family? In situations like this it’s not uncommon for you to be seen as a home wrecker and for the children to be resentful of the person who caused their happy home to be disrupted (I was a child in a similar situation and I still feel animosity towards the woman who I felt was responsible for breaking up the family). 

[Cirub 10]

3 minutes ago, JFH said:

¿Es usted español? ¿Por qué solicitaste un B-2 si eres español? ¿No eres elegible para el VWP? 

 

Ciertamente cumple con los requisitos legales para un K-1 (suponiendo que su divorcio esté finalizado). Si este es un buen momento para comenzar el proceso es otra cuestión. ¿Cómo se sienten los niños? ¿Qué pasa con su familia extendida? En situaciones como esta, no es raro que te vean como un demoledor de casa y que los niños estén resentidos con la persona que causó la interrupción de su hogar feliz (yo era un niño en una situación similar y todavía siento animosidad hacia el mujer que sentí que era la responsable de romper la familia). 

I did bad applying to the B-2. I want to go for 5 months. It was a mistake honestly. They are good. For now they don't know about me.  We talk, but they don't know i will go with Daddy yet. Thanks for be helpfull.

[Nitas_man 3,100]

Legally you are OK.  JFH brings up some good points. 

I would add to that and suggest that you stop and really think about what you are doing.  In addition to the affect on the children what makes you believe that his wandering eye won't wander away from you the next time some hot foreign girl rolls into his sights? 

[Daniela M_______ 409]

On 1/5/2019 at 10:59 AM, Nitas_man said:

Legally you are OK.  JFH brings up some good points. 

I would add to that and suggest that you stop and really think about what you are doing.  In addition to the affect on the children what makes you believe that his wandering eye won't wander away from you the next time some hot foreign girl rolls into his sights? 

I would suggest OP to be careful as we are all supposed to be when in a relationship, and that's it. 

 

We tend to judge people so quickly without even knowing the circumstances of their lives. Life happens, marriages break, people fall in love when they are not supposed to... sometimes we forgot this is an immigration forum, not a relationship issues one.