Jump to content
Caitlin Kennedy

K-1 the right visa?

30 posts in this topic

Recommended Posts

Posted (edited)

My boyfriend and I of three years have been flying back and forth from Chicago to London. He proposed two weeks ago and ready to begin the process. Is the K-1 fiancé visa the right visa? what is the first step? I read, file a petition for alien fiancé I-129F? I am brand new to this and nervous! Help!

Edited by Caitlin Kennedy

Share this post


Link to post
Share on other sites

Congrats.

 

K-1 would be for a fiance, so that's fine. Or you can marry and do a CR-1 for a spousal visa. Both are fine and with their own pros and cons.

 

https://www.visajourney.com/content/compare/

Ignore the K-3..that's not a viable path anymore.


Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

10/24/18: Green card produced notice

10/25/18: Formal approval

10/31/18: Green card received

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

Share this post


Link to post
Share on other sites
Posted (edited)

I’m frombthe U.K. also. Personally, I think the CR-1 spousal visa has more benefits for people in our situation (VWP eligible). I assume you are of working age? The U.K. person can come here on the VWP and marry then return to the U.K. whilst awaiting the visa process to be completed. You can both continue to visit back and forth during the process. London is a very easy and quick embassy to get through. 

 

With the spousal visa the immigrant will be a green card holder immediately and can work, drive, travel overseas, etc from day one here.m with all the rights of permanent residency. It’s a cheaper process. The fiancé visa puts the immigrant in limbo status for many months whilst further paperwork is completed. 

Edited by JFH

 

 

 

Share this post


Link to post
Share on other sites
Posted (edited)

Depends on how independent the person immigrating is.  You can't work for 6 months approximately after immigrating.  You also can't drive.  You cannot travel outside of the country so if your mom/best friend/uncle/grandfather... is dying, you need to apply for emergency AP and hope you get there on time. 

 

Edited by NikLR

You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

Share this post


Link to post
Share on other sites

I thought you get a temp working green card while waiting for the real one? we live in Chicago so he doesn't need to drive. he cant travel until he gets the green card, right? I just don't know what other options there are. it seems with the cr-1, he would have to come over on a travel, risk doing a marriage "randomly" even though we have been dating 3 years, then do the cr-1?

Share this post


Link to post
Share on other sites
1 minute ago, Caitlin Kennedy said:

I thought you get a temp working green card while waiting for the real one? we live in Chicago so he doesn't need to drive. he cant travel until he gets the green card, right? I just don't know what other options there are. it seems with the cr-1, he would have to come over on a travel, risk doing a marriage "randomly" even though we have been dating 3 years, then do the cr-1?

What is the risk doing a marriage randomly?


YMMV

Share this post


Link to post
Share on other sites

I have always been told that the gov could see it as you came over with the intent of marriage, which is illegal on a travel visa. with k-1 you are telling the gov and less risk involved. We have been dating 3 years, our marriage isn't random at all lol 

Share this post


Link to post
Share on other sites
2 minutes ago, Caitlin Kennedy said:

I thought you get a temp working green card while waiting for the real one? we live in Chicago so he doesn't need to drive. he cant travel until he gets the green card, right? I just don't know what other options there are. it seems with the cr-1, he would have to come over on a travel, risk doing a marriage "randomly" even though we have been dating 3 years, then do the cr-1?

He can get the EAD, however, it takes about 6+ months currently.  You may want to ask him how much he wants to ride the bus or take taxis or uber.  You really can't make that decision for him.  

 

There's no risk to getting married in the USA or Canada.  Heck get married on a resort in Mexico if you want to.  It's the staying after the marriage without a K1 that's an issue, not the wedding.


You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

Share this post


Link to post
Share on other sites
Just now, Caitlin Kennedy said:

I have always been told that the gov could see it as you came over with the intent of marriage, which is illegal on a travel visa. with k-1 you are telling the gov and less risk involved. We have been dating 3 years, our marriage isn't random at all lol 

Huh?  If that was true then destination venues such as Hawaii or Vegas would be pissed


YMMV

Share this post


Link to post
Share on other sites
Just now, Caitlin Kennedy said:

So after you get married on a travel visa apply for the cr-1? would he have to go back? 

You got it.  


YMMV

Share this post


Link to post
Share on other sites
Posted (edited)

When you do a "random" wedding in Vegas, most people are doing it without a visa involved. the gov could look at it saying that he came with the purpose of marriage, which is illegal. 

Edited by Caitlin Kennedy

Share this post


Link to post
Share on other sites
Just now, Caitlin Kennedy said:

When you do a "random" wedding in Vegas, most people are doing it with a visa involved. the gov could look at it saying that he came with the purpose of marriage, which is illegal. 

It is not illegal to get married.   


YMMV

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.
×
×
  • Create New...