K1 Visa Filing and Visiting advice.

[Jens79 64]

1 minute ago, Becker said:

Thank you so much!

You're welcome!

[AJ2019 58]

I wanted to add that one of the main factors that leaned us towards K1 vs. spousal visa because my fiance's visitor's visa at the time was expiring soon. If we had gone forward with the spousal visa it was going probably going to take a couple years and figured it was highly unlikely that he would be approved for another visitor's visa while his spousal visa was pending because of the difficulty in proving the intent not to stay permanently. With my job, I wasn't able to travel and meet him as often as he could. Hence, we went forward with the K1 visa. 

[Becker 17]

1 hour ago, AJ2019 said:

I wanted to add that one of the main factors that leaned us towards K1 vs. spousal visa because my fiance's visitor's visa at the time was expiring soon. If we had gone forward with the spousal visa it was going probably going to take a couple years and figured it was highly unlikely that he would be approved for another visitor's visa while his spousal visa was pending because of the difficulty in proving the intent not to stay permanently. With my job, I wasn't able to travel and meet him as often as he could. Hence, we went forward with the K1 visa. 

Why would it have taken a couple of years? The current wait time suggests 8-12 months. I hope that’s the wait time I get as it would work out pretty well and it will take the stress away that comes with a K1 visa 

[AJ2019 58]

9 minutes ago, Becker said:

Why would it have taken a couple of years? The current wait time suggests 8-12 months. I hope that’s the wait time I get as it would work out pretty well and it will take the stress away that comes with a K1 visa 

I won't be able to speak directly to that, as I've only done limited research on the issue. Here's a timeline one website posted. I guess it would depend on USCIS and the country where the spouse is from. My spouse's citizenship country was Pakistan, which is also deemed a "high-fraud" country, and thus could've caused more issues, proving marriage, etc. 

 

[Just Paul 4,591]

1 hour ago, AJ2019 said:

 If we had gone forward with the spousal visa it was going probably going to take a couple years and figured it was highly unlikely that he would be approved for another visitor's visa while his spousal visa was pending because of the difficulty in proving the intent not to stay permanently.

Could have applied for a visa renewal and received it prior to filing the spousal visa. This is a crazy reason to do a K1 especially if they had a history of travel to the US.

[Greenbaum 12,258]

3 hours ago, Becker said:

I'm so sorry. I am just worried of being denied and making it harder. I think you all have convinced me to do it and get the papers on our next visit. Thank you. 

The majority of applicants are approved. There is an exceedingly small number who aren't and it's not about paperwork errors, missing documents, or such, it's about their backgrounds. So, if you or the beneficiary doesn't have a questionable background you are going to PASS! They don't deny people for minor paperwork errors. So, let's relax and move on so you can get your approval.

[geowrian 22,336]

1 hour ago, AJ2019 said:

I won't be able to speak directly to that, as I've only done limited research on the issue. Here's a timeline one website posted. I guess it would depend on USCIS and the country where the spouse is from. My spouse's citizenship country was Pakistan, which is also deemed a "high-fraud" country, and thus could've caused more issues, proving marriage, etc.

The difference in time between a K-1 and IR-1/CR-1 visa is:

1) Time spent at USCIS. I-130s tend to take a few months longer

2) Time spent at NVC. IVs goes through a set of steps here that add a couple/few months. NIVs (like a K-1) usually go through this in a week or so since they just get a case number and move on.

So K-1 is often shorter, but only by a matter of months.

All the other timelines are essentially the same, including consulate processing. Both K visas and IVs are scheduled with and interviewed by the same people.

 

If anything, being high-fraud would imply a spousal visa being a better process. A fiance/fiancee does not have a lower burden of proof for the relationship. They do, however, have no means to challenge a refusal based on the relationship. A spousal visa process can challenge the refusal of not having a bona fide marriage (via reaffirmation of the petition).

 

Also, those timelines look off for multiple reasons. If living in the US, one would go through AOS. Timeline for that depends on local USCIS field office..it could be a few months to close to 1.5 years or longer.

Green card holder timelines for a spouse are also currently close to that of a USC petitioner. That timeline is more closer to historical averages due to the PD not having been current immediately.

[AJ2019 58]

1 hour ago, Paul & Mary said:

Could have applied for a visa renewal and received it prior to filing the spousal visa. This is a crazy reason to do a K1 especially if they had a history of travel to the US.

The visa renewal was one of the reasons. There were other factors involved too. The pros and cons vary from couple to couple. I'm assuming this user wanted to know people's experiences with both. 

[JFH 12,189]

2 hours ago, Becker said:

Why would it have taken a couple of years? The current wait time suggests 8-12 months. I hope that’s the wait time I get as it would work out pretty well and it will take the stress away that comes with a K1 visa 

Pakistan. Once you add Pakistan into the mix, all bets are off with regard to processing times. It’s also because the immigrant is from Pakistan that a K-1 was probably an “easier” choice for them. There is no VWP for Pakistani passport holders and they can’t just hop on a plane and come here for a quickie wedding over a weekend and be back at work on Monday like many Brits can. 
 

The K-1 is a good option for those who cannot visit easily or travel to other countries for a destination wedding, for example. We often forget how much of a luxury a British/European  passport is. Some people go through huge struggles to get visitor visas here, and are in demographic groups where the refusal rate is very high. 

[Just Paul 4,591]

51 minutes ago, AJ2019 said:

I'm assuming this user wanted to know people's experiences with both. 

The OP @Becker would have no issue, other then showing ties back to England, to visit.  They have ESTA.  ESTA is simple to renew.

 

Your said your fiance has a valid visitor visa to the the US.  They can visit while the visa is valid and can also ask to renew it.  It would be smart to renew it before filing any immigrant VISA.   If your fiance has traveled to the US in the past, and even if they are from Pakistan, they can expect to be allowed to use it, again subject to sufficient ties to the return to wherever.  Fiance should have tried to renew it - the same advice would apply to the OP is they said their Visa was expiring..  While not absolute, having a visa, using it and renewing it is easier than getting it the first time. 

 

Having a fiance that needs a VISA, let alone being from Pakistan, is nothing like a fiance or spouse from England.  

 

Renewing the visa, if done before signaling immigrant intent, is simply good planning and would one less constraint in the decision making.  

 

I'm glad you and fiance were able to get here in 9 months.  Good luck with the AOS!

 

 

[SalishSea 16,836]

8 hours ago, Becker said:

Also, as mentioned we want to have a quick process 

Neither spousal nor fiance visa process is 'quick.'

[Scandi 3,977]

Considering USCIS may temporarily furlough 15000 of their 19000 people work force I honestly wouldn't recommend anyone to file for a K-1 visa right now. It's only temporary but nobody knows for how long, or how massive the backlog will be. Imagining coming to the US on a K-1 visa, file for AOS and end up in the backlog of a century... no status in the US for who knows how long. This may never become an issue, I'm only speculating, but in all other ways the CR-1 is still the better option between the two. I went through the K-1 process and would have chosen the CR-1 knowing what I know today.

[Loren Y 2,732]

11 hours ago, Becker said:

Sorry but isn’t that visa fraud? 
 

Also, as mentioned we want to have a quick process which requires us just to get the papers so we will have no proof such as invitations, photos etc. 
 

I have read in some websites suggesting evidence of joint finances, living together etc etc are other forms of proof which we also will not have until we can finally live together in USA. 

Make your way to Las Vegas and I can get you legally married and marriage certificate in hand in under an hour with no issues. Then you can file the spousal visa same day if you want.

[StacyL85 0]

It is only visa fraud if you come on an ESTA, get married and then file for adjustment of status while here.  If you go back and then file, it's perfectly legal, however, I have heard it takes longer on the spousal visa, for you to get approved to come home to your spouse.  

[jaysaldi 209]

I agree with all the advice given on this thread.

 

I just want to add this.

 

Although it's perfectly legal for foreigners to get married in the USA and then return home, CBP officers are vigilant about sniffing out foreigners who intend to marry in the USA and then stay and adjust status. 

 

So if your fiance arrives in the USA for a visit and tells the CBP officer "Im here to get married" the CBP officer's eyes may bug out of his head and he may refer your fiance to secondary inspection and demand "proof" that your fiance plans to return to the UK. Like proof of a job there, property, a rental lease, enrolled in school, stuff like that.  And of course a return ticket.

 

CBP may be especially vigilant now because due to the virus and the USCIS backlog more and more couples might be trying to minimize travel and delays by marrying and adjusting status.

 

So I would advise your fiance to carry more than the usual paperwork showing that he/she really plans to return to the UK after the wedding. And also carry that on future visits after the marriage.