Jump to content
daviesbabyyeah

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

By daviesbabyyeah in K-1 Fiance(e) Visa Process & Procedures

 Share

7 posts in this topic

Recommended Posts

daviesbabyyeah Newbie

daviesbabyyeah   0

Posted
Timeline
Posted

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 

Link to comment
Share on other sites
Unlockable Mentor

Unlockable   7,306

Posted
Filed: Citizen (pnd) Country: Dominican Republic
 Timeline
Posted (edited)
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 all.” - Unlockable

Link to comment
Share on other sites
wxman22 Explorer

wxman22   109

Posted
Filed: Lift. Cond. (pnd) Country: Vietnam
 Timeline
Posted

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. 

Link to comment
Share on other sites
C90 Rising Star

C90   376

Posted
Filed: AOS (apr) Country: Netherlands
 Timeline
Posted
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

 

Link to comment
Share on other sites
DaveAndAnastasia Experienced

DaveAndAnastasia   2,078

Posted
Filed: Citizen (apr) Country: Russia
 Timeline
Posted
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                             AOS                            
NOA1 Notice Date: 2018-05-31    NOA1 Notice Date: 2019-04-11   
NOA2 Date: 2018-11-16           Biometrics Date: 2019-05-10    
Arrived at NVC:  2018-12-03     EAD/AP In Hand: 2019-09-16     
Arrived in Moscow: 2018-12-28   GC Interview Date: 2019-09-25      
Interview date: 2019-02-14      GC In Hand: 2019-10-02
Visa issued: 2019-02-28
POE: 2019-03-11
Wedding: 2019-03-14

ROC                             Naturalization
NOA1 Notice Date: 2021-07-16    Applied Online: 2022-07-09 (biometrics waived)
Approval Date: 2022-04-06       Interview was Scheduled: 2023-01-06
10-year GC In Hand: 2022-04-14  Interview date: 2023-02-13 (passed)
                            	Oath: 2023-02-13

 

Link to comment
Share on other sites
PushaKee Contributor

PushaKee   35

Posted
Filed: K-1 Visa Country: Nigeria
 Timeline
Posted

Move the date if at all possible. You have no idea when you'll receive approval. Perhaps the venue will let you reschedule if you've put money down otherwise plead with them as much as possible.

Link to comment
Share on other sites
JFH Grand Master

JFH   12,189

Posted
Filed: Citizen (apr) Country: United Kingdom
 Timeline
Posted

Why would he need a B-2? Is he not eligible for the VWP?

Timeline in brief:

Married: September 27, 2014

I-130 filed: February 5, 2016

NOA1: February 8, 2016 Nebraska

NOA2: July 21, 2016

Interview: December 6, 2016 London

POE: December 19, 2016 Las Vegas

N-400 filed: September 30, 2019

Interview: March 22, 2021 Seattle

Oath: March 22, 2021 COVID-style same-day oath

 

Now a US citizen!

Link to comment
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
 Share
Go to topic listing
- 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.
×
×
  • Create New...