K-1 Advice needed

[aaron2020 11,651]

8 hours 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)

It's not.  You being a US citizen and her being on a student visa in Canada doesn't make anything quicker.  Same process as everyone else.

[aaron2020 11,651]

8 hours ago, Jay1992 said:

Correct, she does not intend to finish her schooling

Great.  She's will be coming to Canada to commit visa fraud.  No intention of finishing school when entering on a student visa, just a short cut to the US.  Great.  

[Jay1992 2]

1 minute ago, aaron2020 said:

It's not.  You being a US citizen and her being on a student visa in Canada doesn't make anything quicker.  Same process as everyone else.

got ya, thanks! 

[carmel34 3,527]

34 minutes ago, Jay1992 said:

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. 

A K-1, even if you file the petition today, may not be approved by January 2020.  Even you get lucky and it is, you will have to get married in the US, with NO religious ceremony in India before as it could be viewed as already married by US immigration.  Then your new wife would have to stay in the US and could not leave the country for 6 months while waiting for EAD/AP, so you couldn't go back to India for a religious ceremony until after that.  If you get married in Canada in April, and file for a CR-1 immediately after (May), it will be about 14 months later (July 2020) when she could enter the US.  Do more research so you know better what the time frames are and all the logistics involved with both options.  This is a long and frustrating process so be prepared and be knowledgable.  Good luck!

[WeGuyGal 1,052]

1 hour ago, aaron2020 said:

Great.  She's will be coming to Canada to commit visa fraud.  No intention of finishing school when entering on a student visa, just a short cut to the US.  Great.  

Sad!! 

 

Without a foundation to get to the US, very popular in India to get a Canadian student visa as a stepping stone to the US! Some basic engg study and some english, and poof.. student visa obtained. Even better is finding a USC spouse to boot. Wish the Canadian govt wakes up to student visa fraud!

[WeGuyGal 1,052]

1 hour ago, Jay1992 said:

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. 

Just about says it all

 

(No wonder India is classified as high fraud on this forum!)

[Jay1992 2]

10 minutes ago, WeGuyGal said:

Just about says it all

 

(No wonder India is classified as high fraud on this forum!)

easy there.....this isnt a setup in anyway. I explained before she met me AFTER she had filled out her expenses for school as a way to get into Canada and settle there permanently, once we got to know each other and decided to get married FOREVER because we love each other thats when we started thinking of the best way to do things. We realized she wants to work in IT and her finishing her entire 2 year school program in Canada would not benefit her much in her career as a QA analyst so to save money and for her to live with me sooner we decided to go this route. I understand some people may use the student visa as a stepping stone intentionally, but in this case it that is certainly not true, dont be so bitter

[WeGuyGal 1,052]

7 minutes ago, Jay1992 said:

easy there.....this isnt a setup in anyway. I explained before she met me AFTER she had filled out her expenses for school as a way to get into Canada and settle there permanently, once we got to know each other and decided to get married FOREVER because we love each other thats when we started thinking of the best way to do things. We realized she wants to work in IT and her finishing her entire 2 year school program in Canada would not benefit her much in her career as a QA analyst so to save money and for her to live with me sooner we decided to go this route. I understand some people may use the student visa as a stepping stone intentionally, but in this case it that is certainly not true, dont be so bitter

Nah, not bitter, in fact happy for you Lol

 

I've lived in north India and more attuned to the way things work than an average North American. 

Edited March 26, 2019 by WeGuyGal

[Jay1992 2]

2 minutes ago, WeGuyGal said:

Nah, not bitter, in fact happy for you Lol

thank you

[Brittani 484]

Have you considered doing the IR1? Getting married in India on the date you want then having her come here with a spousal visa? Most people here will agree that's the easier option and is only a couple of months longer than the K1 but ends up being quicker because she won't have to wait for AOS. Btw, the K1 can be very unpredictable. We filed October 2017 and ours from filing date to date of marriage here was almost 10 months to the day. Some go quicker some go longer. I just wouldn't put all my faith in a specific time frame.

[PRC Rabbit 40]

Imitation is the sincerest form of flattery

[Amit&Julie 180]

Jay, even doing a religious ceremony in India has resulted in the denial of K-1 visas where, as others have said, the officers have deemed the couple "too married". Do your research on these forums, especially in the India-focused ones. Read reviews of the Mumbai consulate. 

[WeGuyGal 1,052]

3 minutes ago, Amit&Julie said:

Jay, even doing a religious ceremony in India has resulted in the denial of K-1 visas where, as others have said, the officers have deemed the couple "too married". Do your research on these forums, especially in the India-focused ones. Read reviews of the Mumbai consulate. 

OP appears to be leaning in favor of going the CR1 way, or away from the K1. Rightfully so. 

 

The issue is his to-be-spouse traveling to Canada on a student visa when she has no intention of being a student. OP has admitted the student status is a mere facade until migration to the US. Ideally, to do things the legal way, she should marry the OP and await CR1 processing in India. 

[DaveAndAnastasia 2,078]

13 hours ago, k_woood said:

Right now, the wait time for K1 visa is 6-8 months (according to the USCIS website).

The USCIS web site doesn't post wait times for getting a K-1, they post wait times for processing the I-129F petition (which lets you apply for a K1). Although the current standard they use for estimates means the official wait times are higher than what you can probably expect (they show 6 to 8 months, but the current average reported by VJ users is about 4.5 months), it will probably be at least 2.5 months before your interview (and the VJ average is currently ~3.5 months from NOA2 to interview).

 

We were ~8.5 months from NOA1 to interview (applying in May 2018), and then it was two weeks from there to visa in hand another week before Anastasia was actually in the US. You can probably knock a month off of that now for faster NOA1 to NOA2 processing now, and if you're at a faster embassy/consulate than Moscow you could save some time there. But it's hard to see doing the whole process in less than 7 months without an expedite.

[Jeanne Adil 1,651]

K1  means marriage in the US

person needs the criminal reports for both India and Canada for the interview

if you k1 and marry here  it would be quite a few months for documnets to go back to India and marry there too

K1 is quite a bit more expensive than CR1 

 

this immigratio process is not fast

it is not easy

and it is not cheap

and last time it took 6 months for a K1 was like 2009