Jump to content
CinBr

Are we ready to apply for the k-1?

6 posts in this topic

Recommended Posts

Posted (edited)

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 by CinBr

Share this post


Link to post
Share on other sites

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.
   


 


"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

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). 


 

 

 

 

Share this post


Link to post
Share on other sites
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.

Share this post


Link to post
Share on other sites

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? 

Share this post


Link to post
Share on other sites
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.


Nice to meet you: Dec 27, 2016 Mexico

1st Visit: March, 2017 Mexico

2nd Visit: May, 2017 Mexico

3rd Visit: October, 2017. Mexico

4th Visit: January, 2018 Mexico

NOA 1 *NEW* USCIS website: March 01, 2018

5th Visit: May, 2018 Mexico.

RFE USCIS website: September 26, 2018

RFE Hard copy: October 01, 2018

RFE Response Sent:  October 10, 2018

RFE Received by USCIS:  October 16, 2018

NOA2!!!!! *NEW* USCIS website: November 2, 2018

NOA2 Hardcopy: November 7, 2018

NVC Received: November 14, 2018

NVC Case Number: November 29, 2018

NVC In Transit: December 11, 2018

NVC Ready: December 13, 2018

Interview: February 26, 2018

 

6th Visit: ----------> January 25, 2019. Mexico

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.
×