Best Route for Marriage and Greencard

[All In 0]

Hello. Many years ago these forums were an amazing resource helping me go through my first marriage and green card experience. That didn't work out but thankfully I have found my soulmate. My last marriage, my spouse was not able to enter the USA for the 2 years it took for us to get her green card. I want to avoid that this time. I am a US citizen. My girlfriend is a Colombian citizen with a b1/b2 visa that permits her entry into USA for up to 6 months at the time, and currently residing in her home country of Colombia. We were considering getting married and residing in the USA, visiting Colombia 1-2 months a year to visit her family. Should we apply for k-1 visa and wait the 7 months for her to enter the USA to get married? Get married in colombia and apply k3 or ir1-cr1. The goal is to be able to spend as much time together, preferably in the USA as possible. I do not want to start the process and have her blocked from entering the USA for potentially years. What is the quickest, and safest route to obtaining these goals? Thanks very much for any insight. 

Edited July 10, 2021 by All In

[milimelo 4,496]

Marry and file I-130 (no K3 available really). She can visit as long as she has a valid b1/b2 visa and complies with requirements - up to POE really. 

[nastra30 2,288]

4 hours ago, All In said:

Hello. Many years ago these forums were an amazing resource helping me go through my first marriage and green card experience. That didn't work out but thankfully I have found my soulmate. My last marriage, my spouse was not able to enter the USA for the 2 years it took for us to get her green card. I want to avoid that this time. I am a US citizen. My girlfriend is a Colombian citizen with a b1/b2 visa that permits her entry into USA for up to 6 months at the time, and currently residing in her home country of Colombia. We were considering getting married and residing in the USA, visiting Colombia 1-2 months a year to visit her family. Should we apply for k-1 visa and wait the 7 months for her to enter the USA to get married? Get married in colombia and apply k3 or ir1-cr1. The goal is to be able to spend as much time together, preferably in the USA as possible. I do not want to start the process and have her blocked from entering the USA for potentially years. What is the quickest, and safest route to obtaining these goals? Thanks very much for any insight. 

Because of Covid, K-1s are taking longer now due to backlogs throughout the system at USCIS and USEM. I'll say your estimate of 7 months is generous; if current trend continues, expect K-1s to take longer than that, unless the system stabilizes to pre-pandemic levels. In general, the backlogs cut across different visa categories.

IMO, go the CR1 route; marry and file I-130 petition, and stay patient.

[JeanneAdil 6,539]

Even though she has a valid B1 visa ,  read the above post as another one was turned away at POE and given 5 year ban

so,  be careful

and for a K1 it is taking a year and possibly longer not 7 months 

most of us suggest the CR1 as it is more successful /in many countries a K1 is hard to get

you will be waiting and need patience no matter which way u go

 

but go to your portal and read all posts and timelines and embassy reviews   /that will tell u more than we can for the process in Columbia

[SteveInBostonI130 3,467]

For K1, it's 7 months just for I-129F approval.  After that there's 1-2 months for NVC processing, then anywhere from 2 months to 1+ year wait for the embassy to clear backlogs and schedule the interview.  

[Verrou 1,962]

Pre pandemic k1 is faster, saw so many posts currently stated k1 process are about 1 year. IR1/CR1 seems better option. The moment your spouse enter US soil she will get green card Immediately 

[Crazy Cat 41,978]

Every couple has their own priorities, and each couple must decide which visa is better for their situation.

K-1        
    More expensive than CR-1    
    Requires Adjustment of Status after marriage (expensive and requires a lot of paperwork)    
    Spouse can not leave the US until she/he receives approved Advance Parole (approx 6-8 months)    
    Spouse can not work until she/he receives EAD (approx 6-8 months)    
    Some people have had problems with driver licenses, Social Security cards, leases, bank account during this period    
    Spouse will not receive Green Card for many months after Adjustment of Status is filed.
    A denied K-1 is sent back to USCIS to expire
  

CR-1
    Less expensive than K-1    
    No Adjustment of Status(I-485, I-131, I-765) required.    
    Spouse can immediately travel outside the US    
    Spouse is authorized to work immediately upon arrival.    
    Spouse receives Social Security Card and Green Card within 2 or 3 weeks after entering the US    
    Opening a bank account, getting a driver's license, etc. are very easily accomplished with GC, SS card, and passport.

    Spouse has legal permanent Resident status IMMEDIATELY upon entry to US.
  �

 

[Dashinka 24,587]

I agree, the spousal visa is the best route IMO.  Since your significant other has a B2 already visiting during the process is possible, but don’t abuse that privilege.

 

Good Luck!