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daviesbabyyeah

August Wedding in USA. Too soon for K1 to processing. Options?

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My partner, John, from Australia has applied for the K1 visa from Australia in Dec. 2018. We plan to get married in August 2019 in the states, but are realizing we made a mistake by submitting the K1 visa as it may not be processed in time before the wedding. We are trying to figure out the best course of action as our main concern is for him to be able to enter the country to attend the wedding. Is it advised to cancel the K1 visa and submit a B2 visa from Australia? Any recommendations are greatly appreciated! 

 

Lindsay & John 

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16 minutes ago, daviesbabyyeah said:

My partner, John, from Australia has applied for the K1 visa from Australia in Dec. 2018. We plan to get married in August 2019 in the states, but are realizing we made a mistake by submitting the K1 visa as it may not be processed in time before the wedding. We are trying to figure out the best course of action as our main concern is for him to be able to enter the country to attend the wedding. Is it advised to cancel the K1 visa and submit a B2 visa from Australia? Any recommendations are greatly appreciated! 

 

Lindsay & John 

The problem is that you can't use the B2 visa to immigrate (that is, if you were planning for him to come to the US, get married, and stay). You might as well stick with the K1 and get married when you can. Also, with a recent immigrant visa (K1) on file, there is no guarantee he will get the B2.

If he is able to get the B2, he can come and get married, but then he has to go back to AUS, while you file for the spousal visa. And a spousal visa takes 12 - 18 months.

 

The golden rule we always advise advise is to never set concrete dates or plans that can't be changed until the visa is physically in your hands. Take this as a lesson learned. Fortunately, you still have options to decide on.

Edited by NuestraUnion

“When starting an immigration journey, the best advice is to understand that sacrifices have to be made; whether it is time, money, or separation or a combination of any or all.” - NuestraUnion

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The only casualty here is the wedding date.

Don't make a small problem into a big one. 

As said above, the B2 is now problematic and I have heard of people who came knowing they were going to get married, entered the USA for the "wrong" reasons and were subsequently denied, permanent residence. 

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8 hours ago, daviesbabyyeah said:

My partner, John, from Australia has applied for the K1 visa from Australia in Dec. 2018. We plan to get married in August 2019 in the states, but are realizing we made a mistake by submitting the K1 visa as it may not be processed in time before the wedding. We are trying to figure out the best course of action as our main concern is for him to be able to enter the country to attend the wedding. Is it advised to cancel the K1 visa and submit a B2 visa from Australia? Any recommendations are greatly appreciated! 

 

Lindsay & John 

Best is to postpone the wedding and don't make any new plans until he has the visa in hand

 

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10 hours ago, daviesbabyyeah said:

My partner, John, from Australia has applied for the K1 visa from Australia in Dec. 2018. We plan to get married in August 2019 in the states, but are realizing we made a mistake by submitting the K1 visa as it may not be processed in time before the wedding. We are trying to figure out the best course of action as our main concern is for him to be able to enter the country to attend the wedding. Is it advised to cancel the K1 visa and submit a B2 visa from Australia? Any recommendations are greatly appreciated! 

Is the August date because you've already put down a deposit on a venue, or because of external factors not connected to the visa process? If it's the former, I'd talk to the venue (and any other vendors) about rescheduling if necessary and worst case take the loss on your deposit. You're 2+ months into a K-1 already; others have pointed out that you can't legally come to the US on a B2 (or use the visa waiver program) with intent to adjust status, and marrying and starting over with a CR-1 will take quite a bit of time (even if you do a quick courthouse wedding the next time you meet in-person to start the process instead of waiting until August).


K-1

NOA1 Notice Date: 2018-05-31
NOA2 Date: 2018-11-16

Arrived at NVC:  2018-12-03

Arrived in Moscow: 2018-12-28

Interview date: 2019-02-14

 

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