What are options now?

[Unlockable 7,306]

8 minutes ago, Falcon Cara said:

Really?  Now of days I am seeing getting K1's approved in about 4 months,  Seems as if CR-1's take about about 10 to 12 months.

 

Did they speed up the CR-1?

Yes the K1 approvals may take only a few months. It is the stages after the initial approval (transfer case to embassy, biometrics and medical, scheduling interview) that drags it out to 9 to 12 months.

 

If you calculate the tie where the visas are actually in hand, the difference is not that much.

Edited July 31, 2019 by Unlockable

[Dashinka 23,238]

11 hours ago, Going through said:

She *might* have a shot at a tourist visa...

 

What would work for her:

-Any ties she can show that proves compelling reasons for her to return to her home country after visiting. (ie. employment/home ownership/etc.)

-Having returned previously with no overstay/she left within the allotted 90 days.

 

What would work against her:

-US fiance

-CO may presume her intention this time is to marry on the tourist visa, stay and adjust status from within the US (ie. change of heart and now trying to circumvent immigration law)

 

All she can do is try---good luck.

If I were the CO, I would assume a work around instead of having to go through a K1 application all over again.

[Crazy Cat 39,218]

1 minute ago, Bill & Katya said:

If I were the CO, I would assume a work around instead of having to go through a K1 application all over again.

Exactly!!!!!!

[Dashinka 23,238]

10 hours ago, Diaz.S said:

Eventually, we will petition the K1 visa again. Just wanted to have the flexibility to make a trip sooner for vacation purposes. That's all. 

Well, she can try, but remember, by law Consulate Officers are to assume immigration intent for anyone applying for a B2 visa and it is up to the applicant to overcome that hurdle.  As others have suggested, having a previous K1, but leaving without overstaying may be a benefit, or it may be a detriment to a B2 application.  All she can do is fill out a new DS160, pay the fee and try.

 

Good Luck! 

[The_Empyrean 733]

I would say the chances for B2 is nearly a zero, unless she has a good solid tie to her home country. As someone mentioned, child is not one. A job, business, mortgage, rent contract, leases, bills, anything that would tie her stronger with Colombia than US. But that K-1 will definitely will mess it up.

Even if she manages to get past embassy and get B2, the CBP will pull her to secondary 99.99999% and god knows how'd that go. 

if i were OP, i'd get married and file CR1. Not sure how fast is the Colombian embassy though. Our embassy was insanely quick, a month from approval she was here more or less with K-1. If it's similar in Colombia, then maybe K-1, if it's long as hell, CR-1 and forget about it. More advantages over K-1 imho. 

Edited July 31, 2019 by The_Empyrean

[Falcon Cara 377]

1 hour ago, Unlockable said:

Yes the K1 approvals may take only a few months. It is the stages after the initial approval (transfer case to embassy, biometrics and medical, scheduling interview) that drags it out to 9 to 12 months.

 

If you calculate the tie where the visas are actually in hand, the difference is not that much.

Never seen it drag out that long, Maybe a 30 to 60 days until visa approval and visa in hand in my vast experience of doing K1's

 

I wasn't aware that CR-1 didn't have to do Medical or schedule interviews, It about 6 to 8 month variance which can be a lifetime for some

Edited July 31, 2019 by Falcon Cara

[Falcon Cara 377]

57 minutes ago, The_Empyrean said:

I would say the chances for B2 is nearly a zero, unless she has a good solid tie to her home country. As someone mentioned, child is not one. A job, business, mortgage, rent contract, leases, bills, anything that would tie her stronger with Colombia than US. But that K-1 will definitely will mess it up.

Even if she manages to get past embassy and get B2, the CBP will pull her to secondary 99.99999% and god knows how'd that go. 

if i were OP, i'd get married and file CR1. Not sure how fast is the Colombian embassy though. Our embassy was insanely quick, a month from approval she was here more or less with K-1. If it's similar in Colombia, then maybe K-1, if it's long as hell, CR-1 and forget about it. More advantages over K-1 imho. 

You just never know when it comes to Tourist Visa.

 

My employees grandmother from Mexico just got approved for a US tourist visa, her son is here illegally and been in USA for 10 plus years illegally, her grandsons/granddaughters whom are 4 of them are all DACA.   It never hurts to try

Edited July 31, 2019 by Falcon Cara

[SusieQQQ 11,584]

OP mentioned something about fiancé having good reasons to go back home. It might be useful to have some indications of what those reasons were and whether they are still in existence, in judging this outcome.

 

@Falcon Cara, was your employee’s grandmother honest on her visa application about her family members? Regardless, grandmothers (at least those without a potential IR sponsor) generally find it much easier to get B visas than younger people with clear ties in the US who have previously expressed a desire to immigrate. 

[Nitas_man 3,100]

3 hours ago, Falcon Cara said:

Really?  Now of days I am seeing getting K1's approved in about 4 months,  Seems as if CR-1's take about about 10 to 12 months.

 

Did they speed up the CR-1?

Since 2007 or so the K1/CR1 processing times have been approximately the same.

A spread like this might resurrect the K3

[Russ&Caro 1,548]

Applying for a tourist visa in Colombia is usually not just the $165 filing fee. Unless the person is from Bogota or suburbs, you have to fly in, overnight, etc., adding at least $200 of travel expenses to the total cost.

[Going through 5,668]

2 hours ago, Falcon Cara said:

My employees grandmother from Mexico just got approved for a US tourist visa, her son is here illegally and been in USA for 10 plus years illegally, her grandsons/granddaughters whom are 4 of them are all DACA.

Age may have been a factor---elderly people can sometimes have an easier time getting approved for a tourist visa.

 

Provided the grandmother properly listed relatives on the application----

• The son is not able to sponsor her for a green card from within the USA (due to him being without legal status).
• The grandchildren are not able to sponsor her for a green card from within the USA.

 

Although it seems odd to say, the grandmother had a better shot at getting approved for a tourist visa than the OP's fiancee may have, especially if the grandmother's shown no immigrant intent before, and has presumably no qualifying relative to sponsor her for an immigrant visa, and she's not able to adjust status from within the USA, and perhaps partially also due to her age.  ( Unfortunately, OP's situation does not follow suit)

 

Curious, do you know if the relatives were all listed accurately on the application?

 

 

 

 

 

 

Edited July 31, 2019 by Going through

[Diaz.S 1]

2 hours ago, Russ&Caro said:

Applying for a tourist visa in Colombia is usually not just the $165 filing fee. Unless the person is from Bogota or suburbs, you have to fly in, overnight, etc., adding at least $200 of travel expenses to the total cost.

I'm an airline employee. She fly for about $20 one way inside of Colombia. 

[HRQX 4,145]

3 hours ago, Russ&Caro said:

not just the $165 filing fee.

$160 https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/fees/fees-visa-services.html

[tomuk 25]

20 hours ago, Diaz.S said:

Eventually, we will petition the K1 visa again. Just wanted to have the flexibility to make a trip sooner for vacation purposes. That's all. 

Marry her in Columbia and start with CR-1. If you got K1 7 months ago, you supposed to be married. I think it will be much stronger for USCIS and NVC to show that after failing to get marry while on K1, you did it anyway outside of US, because she had to leave for family emergency 7 months ago (I assume).

 

Also, CR-1 takes a little longer, but after PoE they'll send you green card automatically. No AOS. 

[Diaz.S 1]

38 minutes ago, tomuk said:

Marry her in Columbia and start with CR-1. If you got K1 7 months ago, you supposed to be married. I think it will be much stronger for USCIS and NVC to show that after failing to get marry while on K1, you did it anyway outside of US, because she had to leave for family emergency 7 months ago (I assume).

 

Also, CR-1 takes a little longer, but after PoE they'll send you green card automatically. No AOS. 

OK ok we will marry her there 😂 lol.... That's not really the issue. The issue is if we could take a cruise orinating in the USA in the near future. If we have to wait and go tru the immigration process (K1 or CR1), there is no problem.