Should I abandon K-1 and just get married?

[Trutta 103]

I am wondering if I should abandon the K1 process and just get married and file for a spouse visa instead.

 

I submitted papers in March. I received the NOA1 and nothing since.

 

I actually live in the foreign country with my fiance. We decided not to get married here because it's a real bureaucratic nightmare involving lots of travel, money and other hassles.

 

Now that things have gotten strange with possibilities of getting even stranger in the US, I am wondering if it is better to just cancel the K1, get married here and then apply for the spousal visa. At the very least, spouses have been specifically excepted from der Führer's immigration ban. It also seems that things may be faster that way, even though I am 3 months into NOA1 territory.

 

Our end goal is to get out of here and into the United States as soon as possible, and stay there permanently. Whatever can get us into the US fastest will be best for us. That is our only real consideration.

 

I appreciate the advice of the esteemed and knowledgeable users of this site.

 

Thank you

[Allaboutwaiting 2,500]

If you're already 3 months into it, K1 will certainly be quicker than starting all over again with a spousal visa.

 

But if you're together already and want to save yourselves from filing for adjustment of status and filling out the I-944 -which for some is an absolute pain-, go for the CR1.

[Trutta 103]

1 minute ago, Allaboutwaiting said:

If you're already 3 months into it, K1 will certainly be quicker than starting all over again with a spousal visa.

 

But if you're together already and want to save yourselves from filing for adjustment of status and filling out the I-944 -which for some is an absolute pain-, go for the CR1.

Hi.

 

I don't care much about the cost or additional forms or procedures (in the US).

 

We got NOA1 in March but nothing since. I am not even sure if they are actively processing K1 now. Then there is apparently an issue of possible funding and furlough issues coming soon. So, will a K1 still be faster?

 

My only concern is getting out of here and into the United States as soon as humanly possible.

 

Thanks

[igoyougoduke 1,604]

if the current administration continued after november, who knows how badly they want to stop immigrants. EO can get extended unlimited in the name of unemployment rate 

[Allaboutwaiting 2,500]

13 minutes ago, Trutta said:

Hi.

 

I don't care much about the cost or additional forms or procedures (in the US).

 

We got NOA1 in March but nothing since. I am not even sure if they are actively processing K1 now. Then there is apparently an issue of possible funding and furlough issues coming soon. So, will a K1 still be faster?

 

My only concern is getting out of here and into the United States as soon as humanly possible.

 

Thanks

A petition filed is, in general, faster than a petition yet to be filed. 

 

IMO, the main problems with adjustment of status are not the fee(s) -which will soon change BTW- or extra form, but the limitations for the immigrant: being unable to travel abroad and work for 6+months; that is not easy nor pleasant, quite the opposite. 

Edited June 26, 2020 by Allaboutwaiting

[payxibka 10,044]

30 minutes ago, Trutta said:

Hi.

 

I don't care much about the cost or additional forms or procedures (in the US).

 

We got NOA1 in March but nothing since. I am not even sure if they are actively processing K1 now. Then there is apparently an issue of possible funding and furlough issues coming soon. So, will a K1 still be faster?

 

My only concern is getting out of here and into the United States as soon as humanly possible.

 

Thanks

And how will the i130 be any different.  You will submit the petition and won't hear any for 9 months or more

[Trutta 103]

22 minutes ago, Allaboutwaiting said:

A petition filed is, in general, faster than a petition yet to be filed. 

 

IMO, the main problems with adjustment of status are not the fee(s) -which will soon change BTW- or extra form, but the limitations for the immigrant: being unable to travel abroad and work for 6+months; that is not easy nor pleasant, quite the opposite. 

My fiance doesn't work, and being from a country with one of the weakest passports on earth is used to not being able to travel internationally.

Just now, payxibka said:

And how will the i130 be any different.  You will submit the petition and won't hear any for 9 months or more

That's the question sweetie: is it any different? I don't know. If I did, I wouldn't ask the question. Thanks as always for your great help.

[Trutta 103]

26 minutes ago, James120383 said:

if the current administration continued after november, who knows how badly they want to stop immigrants. EO can get extended unlimited in the name of unemployment rate 

Yes that is a real possibility. Though I am not sure it matters either way as the other guys have not done much of anything and also love the protectionist poison. We just want to get in the country as soon as possible, if at all possible.

[payxibka 10,044]

2 minutes ago, Trutta said:

 

That's the question sweetie: is it any different? I don't know. If I did, I wouldn't ask the question. Thanks as always for your great help.

I'm not your sweetie and yes that's how it works 

[NoMansLand2020 298]

It took us six months to get NOA2. I am a December filer 

[RO_AH 1,615]

2 minutes ago, Trutta said:

Yes that is a real possibility. Though I am not sure it matters either way as the other guys have not done much of anything and also love the protectionist poison. We just want to get in the country as soon as possible, if at all possible.

With all that you have explained maybe you would be better off staying in the foreign country. Have you given that consideration?

[Trutta 103]

Just now, RO_AH said:

With all that you have explained maybe you would be better off staying in the foreign country. Have you given that consideration?

I've been year for years, and ready to leave for roughly the same period of time. Fiance feels the same. Let's just say there's a reason people risk life and limb to enter the United States.

 

Anyway, I am not looking for advice on where to live. I want to know to get enter the US with my fiance as soon as possible. Stick with K1 or get married here. That is the only question here. Thanks again.

[RO_AH 1,615]

Just now, Trutta said:

I've been year for years, and ready to leave for roughly the same period of time. Fiance feels the same. Let's just say there's a reason people risk life and limb to enter the United States.

 

Anyway, I am not looking for advice on where to live. I want to know to get enter the US with my fiance as soon as possible. Stick with K1 or get married here. That is the only question here. Thanks again.

Sticking with the K1 is faster in most cases but that also depends on the country. If it is a high fraud country then spousal visa may be faster.

[Trutta 103]

1 minute ago, RO_AH said:

Sticking with the K1 is faster in most cases but that also depends on the country. If it is a high fraud country then spousal visa may be faster.

Thank you. That seems to be the consensus online as well. I wanted to check with others who have knowledge of the situation to confirm. I appreciate your help sir.

[Trutta 103]

9 minutes ago, Solaris81 said:

It took us six months to get NOA2. I am a December filer 

Thank you for this. So, if you got your NOA2 in May/June that would at least show that they are still processing things. That helps quite a bit. Thanks again friend.