K1 Visa... to file or not?

[NikLR 13,220]

1 hour ago, Ellie__ said:

Oh thank you! So with proxy I am allowed to travel from a Schengen country, we just need to "consummate" the marriage once together.

 

Do not recommend proxy marriage.  It will only make your process more difficult. I have not yet on VJ seen a proxy marriage, even those that were consummated, have a case not have issues. Youre better off to get married in a 3rd country that is allowing visitors from both countries. 

[aaron2020 11,651]

23 hours ago, Ellie__ said:

Thank you ! I will try to get more info about that proxy wedding, I did not read many good thing about it... 

All those things you read about proxy weddings not be a good thing is true.  Don't do it.  

[Ellie__ 8]

26 minutes ago, aaron2020 said:

All those things you read about proxy weddings not be a good thing is true.  Don't do it.  

Yeah I was not reading good things about it 😅  seemed too good to be true 

[Sophiecheshire 2]

On 8/2/2020 at 8:40 AM, SamiRebecca said:

After having (almost) gone through the whole k1 & AOS process, I do not recommend this at all. Get married if at all possible, and apply for a spousal visa.

Why? We are choosing between k1 or cr1 right now and don’t know which to choose. We want to be together as soon as possible and I don’t mind if I have to wait months when I get there to work, I just want to be with my partner

[Rlewis 73]

This post makes me feel like I shouldn't have done the K1 🙃

I'm already at the final stage of waiting for my interview at the US Consulate, it just got upended/cancelled cus of covid. No idea when it will resume (Canada)

is it really that much more difficult to do all the AOS processing after I enter?

Can the EAD/AP not be expedited cus Petitioner is military?

[Crazy Cat 39,276]

3 minutes ago, Rlewis said:

Can the EAD/AP not be expedited cus Petitioner is military?

No.  Why would that merit an expedite?  

Edited August 17, 2020 by Lucky Cat

[Rlewis 73]

Just now, Lucky Cat said:

Why would that merit an expedite?  

If the military personnel is sent on a PCS to a foreign country?

[Mike V 56]

On 7/30/2020 at 9:50 PM, Kittens&Pickle said:

Our concern is... if I would  be able to attend grad school while I wait (without an EAD or Green card). 
 

 

Our son (20 at the time) had no trouble enrolling in a local community college, and my wife started taking adult ed classes from our school district to improve her English & math skills.  This was right after we mailed mailed the I-485 & I-765 forms, nothing approved at that point.  We got the adoptions filed first, then did the I-485 & I-765 filings.

 

[SHANE (USA) 12]

On 8/16/2020 at 11:18 PM, Sophiecheshire said:

Why? We are choosing between k1 or cr1 right now and don’t know which to choose. We want to be together as soon as possible and I don’t mind if I have to wait months when I get there to work, I just want to be with my partner

Assuming you and your partner are currently in different countries... ...and assuming you both can not currently get married outside the USA... ...then it is faster to do the K1 Fiancé Visa. 

I was in that tough decision/situation myself and decided to file the K1 a couple months ago.

[Sophiecheshire 2]

34 minutes ago, SHANE (USA) said:

Assuming you and your partner are currently in different countries... ...and assuming you both can not currently get married outside the USA... ...then it is faster to do the K1 Fiancé Visa. 

I was in that tough decision/situation myself and decided to file the K1 a couple months ago.

Thank you! I am actually currently in a third country fortunately so my fiancé can visit me some weekends. If this is the case where if we can see each other currently do you recommend cr1? Or should we stick to k1? Thanks again

[SamiRebecca 1]

On 8/17/2020 at 12:18 AM, Sophiecheshire said:

Why? We are choosing between k1 or cr1 right now and don’t know which to choose. We want to be together as soon as possible and I don’t mind if I have to wait months when I get there to work, I just want to be with my partner

Because being unemployed and sitting on the couch for 10-12 months doing only housework and not being allowed to visit home for that duration is really depressing. Every day I wish we would have done spousal so I would have a regular green card status already.

[Unlockable 7,306]

On 8/17/2020 at 12:18 AM, Sophiecheshire said:

Why? We are choosing between k1 or cr1 right now and don’t know which to choose. We want to be together as soon as possible and I don’t mind if I have to wait months when I get there to work, I just want to be with my partner

If being together faster is your main reason, then you can go with the K1. But be very aware of the limitations such as your fiance will not be able to work, travel back home, or sometimes can't even get a driver's license for several months after they get here on a K1. This is a huge burden for a lot of people. Many immigrants feel trapped being stuck in the house for so long.

 

No only that, the immigrant has to file Adjustment of Status (AOS) after marriage which is more money and more documents to file. And the price for AOS is going to be over $2000 after Oct. 

 

And finally, the pandemic has shown that K1 visas are not processed at the same importance as spousal visas. So during a shut down, the K1 visa interviews may get put on hold while spousal visas continue to be processed.  

 

So basically, you have to weigh the pros and cons. Getting here faster only to be stuck here with no job and no ability to travel may be a deal breaker for a lot of people. With a spousal visa, an immigrant can work immediately. and there is no AOS so there is not extra costs or paperwork. 

[zilchfox 296]

Also, to add: The sooner you get married, the clock starts ticking, even if you haven't done anything immigration-wise yet. If you get married and for some reason don't immigrate within 2 years of the marriage, you're eligible for an IR-1 visa, which is even better than a CR-1– they're exactly the same (filed exactly the same way with the exact same forms), except you'd be granted a 10-year green card right off the bat upon entry, instead of the conditional 2- year.

Edited August 18, 2020 by zilchfox

[Blackbeekeeper 12]

1 hour ago, zilchfox said:

Also, to add: The sooner you get married, the clock starts ticking, even if you haven't done anything immigration-wise yet. If you get married and for some reason don't immigrate within 2 years of the marriage, you're eligible for an IR-1 visa, which is even better than a CR-1– they're exactly the same (filed exactly the same way with the exact same forms), except you'd be granted a 10-year green card right off the bat upon entry, instead of the conditional 2- year.

This is very interesting. Any stats on how often these are approved?

[zilchfox 296]

10 minutes ago, Blackbeekeeper said:

This is very interesting. Any stats on how often these are approved?

Aside from getting the 10-year GC upon entry, which allows you to skip the ROC process entirely, it's an identical process to the CR-1 visa– I believe both CR-1 and IR-1 visas are processed together. Given the length of the marriage, that'd mean you'd have even more information to front-load prior to the interview to prove it's a bonafide marriage, and not just simply a long distant relationship. I know at least one person personally who was processed this way, and they seemed to have been approved without a hitch. As for actual stats, dunno.

 

Edit: Here are some VJ stats: https://www.visajourney.com/timeline/irstats.php?cfl=

Edited August 18, 2020 by zilchfox