K-1 or K-3 Visa During Covid Delays

[Rocketman50 56]

Hi,

 

I am an American citizen living in the US. My Fiance is an Indian citizen living in India. We are planning for which option we want to take (fiance visa vs marriage visa). The outlier info I don't have is how far behind the visa's are lagging because of Covid delays.

 

We want to be together in the US from the moment we are married instead of being apart for another year. My research tells me that this will be possible only with the fiance visa. I also see the fiance visa is the quicker route for my fiance to come to the US in terms of wait time.

 

I see that if we have any sort of ceremony in India that can be seen as a marriage, our fiance visa will be denied.

 

Is the fiance visa still the quicker of the two, even with any Covid related delays? Does it sound like the best option for us based on the info I gave above? I keep second guessing myself so I want some advice before we start planning our future.

[neto-66 42]

The timeline start to finish is very country dependent, as at this point the COVID related delays are at the embassy level, not USCIS. 

 

 VJ has historical processing times for both:

 

 

You can also view country specific timelines of members currently undergoing the process in India:

 

https://www.visajourney.com/timeline/k1list.php?op6=All&op7=India

 

For some countries, the CR-1 is quicker right now due to CR-1s receiving more visa appointments. For others, the K-1 is still the quicker option. Neither one, however, is really that "quick" -- you can expect over a year for either option. I know there's a pros/cons list of each visa that gets posted here quite often, and the CR-1 visa is often seen as better for the beneficiary.

 

If you're insistent on living together in America right at the time you're married, though, K-1 is your only option. 

 

 

Edited October 21, 2021 by neto-66

[Crazy Cat 39,138]

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.
  �

 

[Crazy Cat 39,138]

Life is full of choices and consequences.  The spousal visa is superior, imo.  Good luck on your journey. 

[Chancy 6,233]

K3 is only for married people, so it's not an option if you have that personal requirement on when to get married.  Plus, K3 is practically obsolete anyway.

 

As others already mentioned, K1 is your only option.  Just don't expect the process to be quick.

 

[JeanneAdil 6,169]

K1 use to be faster 

but even pre covid many K1's faced a denial and the couple had to marry and file CR1 (and this is after a long wait for the AP process in India)

 

CR1 stands a much better chance of an approval if you have no issues like:

1.  big age difference of over 10 years

2.  difference of religions

3.  family does not approve (as evidenced by no photos of India family with USC)

4.  woman can not bear children

5.  couple has not spent quality time together as evidenced by short visits or only 1 to meet)

6.  marry on the 1st trip to meet each other

7.  criminal background 

 

either one you apply for ,  expect a 2 year process to get to interview (18 to 24 months ) and then the extra time for security checks in India

 

read the posts here on VJ from other India members (hit the word portal above as it takes u straight to India if u are logged in)

read the embassy reviews 

familiarize yourself with the guides above and / or the USCIS guides to go thru both processes and the income level guidelines to met that requirement

[SalishSea 16,721]

4 hours ago, Rocketman50 said:

Hi,

 

I am an American citizen living in the US. My Fiance is an Indian citizen living in India. We are planning for which option we want to take (fiance visa vs marriage visa). The outlier info I don't have is how far behind the visa's are lagging because of Covid delays.

 

We want to be together in the US from the moment we are married instead of being apart for another year. My research tells me that this will be possible only with the fiance visa. I also see the fiance visa is the quicker route for my fiance to come to the US in terms of wait time.

 

I see that if we have any sort of ceremony in India that can be seen as a marriage, our fiance visa will be denied.

 

Is the fiance visa still the quicker of the two, even with any Covid related delays? Does it sound like the best option for us based on the info I gave above? I keep second guessing myself so I want some advice before we start planning our future.

Either option will take 1-2 years from start to finish, or more.