K-1 Advice needed

[Just Paul 4,591]

9 minutes ago, Jay1992 said:

april 13th for a 2 year student visa to study

Marry in april to august  in Canada and you will be in sequence for a spousal visa at 12 to 14 months.  She will even have a green card awaiting.

Edited March 26, 2019 by Paul & Mary

[Shiran 1,134]

1 hour ago, David & Zoila said:

You show me two people who got their fiance visas issued in 6 months and I'll eat my hat!

Hi. It was 184 days for us from NOA1 to Interview on approval, and we coulda shaved couple of weeks of it if we hassled with some documents preparations. 

[Jay1992 2]

1 hour ago, Paul & Mary said:

Marry in april to august  in Canada and you will be in sequence for a spousal visa at 12 to 14 months.  She will even have a green card awaiting.

Got ya, if i go to canada and marry her end of april, what would be the process of bringing her back to the usa? Any time frame? 

[Jay1992 2]

5 minutes ago, Shiran said:

Hi. It was 184 days for us from NOA1 to Interview on approval, and we coulda shaved couple of weeks of it if we hassled with some documents preparations. 

I have noticed some people saying 6 months and some 8-9 months....it seems tough to predict, however if I am US citizen and shes on student visa in Canada I would think it would be quicker (6 months or so)

[Shiran 1,134]

1 minute ago, Jay1992 said:

I have noticed some people saying 6 months and some 8-9 months....it seems tough to predict, however if I am US citizen and shes on student visa in Canada I would think it would be quicker (6 months or so)

I am by no mean saying this is universal rule or anything, but there are certainly people especially recently, who get their K-1 relatively quickly, 6 months or so. Here is another example https://www.visajourney.com/timeline/profile.php?id=291810 

And with political situation in US being what it is, it is hard to predict what time line will be like in 6 months or so. Still giving the situation given by the OP, and their partner being in Canada for 2 years, it seems marriage in Canada would be a better path forward. 

[Jay1992 2]

4 minutes ago, Shiran said:

I am by no mean saying this is universal rule or anything, but there are certainly people especially recently, who get their K-1 relatively quickly, 6 months or so. Here is another example https://www.visajourney.com/timeline/profile.php?id=291810 

And with political situation in US being what it is, it is hard to predict what time line will be like in 6 months or so. Still giving the situation given by the OP, and their partner being in Canada for 2 years, it seems marriage in Canada would be a better path forward. 

True, my fiance will be coming to canada april 13th, so i guess i can go to canada by the end of april and get legally married, and do the religious ceremony in india january 2020 and hopefully by then be able to bring her to the USA. I am not sure if this or the fiance visa route is the better and faster route

[Villanelle 4,121]

If she is getting a 2yr student visa to Canada for Apr '19- Apr'21- NO visa path at this time is viable unless she plans on leaving Canada with out completing her schooling.  

[Jay1992 2]

1 minute ago, username_taken said:

If she is getting a 2yr student visa to Canada for Apr '19- Apr'21- NO visa path at this time is viable unless she plans on leaving Canada with out completing her schooling.  

Correct, she does not intend to finish her schooling

[Roel 7,191]

4 hours ago, Jay1992 said:

Correct, she does not intend to finish her schooling

Is she.. trying to commit fraud by using a student visa to just gain entry to Canada for easier access to the US? Why would you even admit that lol. 

 

It doesn't even make sense. After the wedding she will stay wait like 8 to 10 months or more before she can immigrate to the US. 

Edited March 26, 2019 by Roel

[Going through 5,668]

5 hours ago, Jay1992 said:

Correct, she does not intend to finish her schooling

Then what's the point of her getting a student visa for Canada if she already has no intention of remaining a student?

 

Canada is pretty good about figuring out who's using the country as a "stepping stone" to the USA when approving/denying visas.

[Jay1992 2]

1 hour ago, Going through said:

Then what's the point of her getting a student visa for Canada if she already has no intention of remaining a student?

 

Canada is pretty good about figuring out who's using the country as a "stepping stone" to the USA when approving/denying visas.

I understand, we met after she was issued her student visa and already had paid all the fees for school, so things changed up a bit, I realize its not the smartest to admit it now. 

[The_Empyrean 733]

K-1 is annoying (coming from someone who's in Part 2 of it).
6-8 Months to get the petition approved, then another 2-6months in NVC/consulate, depending how busy consulate is and how often they conduct interviews.
AFTER that you have to immigrate to US within 6months of visa issuance, and you'll have 90days to get married.

AFTER THAT you have to Adjust status + if you want to travel and work while Adjustment of status is processing, you need advance parole and Employment Authorization (both take 4-6months, AoS depends on local office lets say 12-24months).

If you go K-1, i don't see a way how you could end up in 2020 Jan in India to do the ceremony. 
Also don't do the religious ceremony BEFORE K-1 Embassy interview as they deem this as marriage, and therefore you'd lose you eligibility for K-1 (numerous examples here)

 

So on average, until all is set and done, to have Green card (conditional to begin with) is about 2-3years from filing K-1. Highly varies because of processing of AoS in local offices.

Your call. 

[Jay1992 2]

3 minutes ago, PaulMac said:

K-1 is annoying (coming from someone who's in Part 2 of it).
6-8 Months to get the petition approved, then another 2-6months in NVC/consulate, depending how busy consulate is and how often they conduct interviews.
AFTER that you have to immigrate to US within 6months of visa issuance, and you'll have 90days to get married.

AFTER THAT you have to Adjust status + if you want to travel and work while Adjustment of status is processing, you need advance parole and Employment Authorization (both take 4-6months, AoS depends on local office lets say 12-24months).

If you go K-1, i don't see a way how you could end up in 2020 Jan in India to do the ceremony. 
Also don't do the religious ceremony BEFORE K-1 Embassy interview as they deem this as marriage, and therefore you'd lose you eligibility for K-1 (numerous examples here)

 

So on average, until all is set and done, to have Green card (conditional to begin with) is about 2-3years from filing K-1. Highly varies because of processing of AoS in local offices.

Your call. 

Thanks for  the advice, I guess the best route would be to get married in Canada when she arrives and have plenty of proof to show this isnt a set up and fraudulent marriage.  I have researched the CR1 process can take about 8-10 months so I can apply for that sometime late April, have my religious ceremony without any worries in January 2020 and she can come back with me to the USA in January or shortly after when the CR1 is approved! 

[The_Empyrean 733]

1 minute ago, Jay1992 said:

Thanks for  the advice, I guess the best route would be to get married in Canada when she arrives and have plenty of proof to show this isnt a set up and fraudulent marriage.  I have researched the CR1 process can take about 8-10 months so I can apply for that sometime late April, have my religious ceremony without any worries in January 2020 and she can come back with me to the USA in January or shortly after when the CR1 is approved! 

Yeah CR is more viable option for You, and cheaper. It's more of 11-13months for CR-1 but you get the point. Just think ahead and have a lot of proof of marriage, joint finances etc.

K-1 is good if You're really in "a hurry" to be together, and dont care that much about work and other stuff (like my case, spending 4 years apart Europe-USA. Exhausting). CR-1 is better option overall as you get green card basically upon entry and no additional paperwork required in US.

And my advice if you're thinking long term, let her graduate. It'll be a lot easier later on, if she already has some sort of degree. 

[Jay1992 2]

1 minute ago, PaulMac said:

Yeah CR is more viable option for You, and cheaper. It's more of 11-13months for CR-1 but you get the point. Just think ahead and have a lot of proof of marriage, joint finances etc.

K-1 is good if You're really in "a hurry" to be together, and dont care that much about work and other stuff (like my case, spending 4 years apart Europe-USA. Exhausting). CR-1 is better option overall as you get green card basically upon entry and no additional paperwork required in US.

And my advice if you're thinking long term, let her graduate. It'll be a lot easier later on, if she already has some sort of degree. 

I am definitely thinking long term, she has a great degree already from a good school in India in computer engineering. She applied for a student visa to come to Canada prior to meeting me so that was her only way to immigrate out of India at that time and she took it, what she is studying in Canada really wont benefit her in the IT industry honestly and the 2nd year of school would be a huge waste of money. The fiance visa for me is risky because if it is not approved by January 2020 we will not be able to do the religious ceremony in India which is important because that is when all of my family and relatives can see go as well as her family. This CR-1 process gives me more peace of mind since I wont have to worry about all that and do not mind waiting a little more after January 2020 if her CR-1 is still not approved, she can just come over when it is approved.