Which one is faster? K1 or Marriage in Lima Peru

[CaliforniaMan007 0]

I would like to get advice. Which route is faster ?

Should I go for a K-1 visa for fiancée?  Or should we marry in Lima and file I-130 for consular processing?

The embassy would be Lima, Peru

 

Which one has the best shot at processing faster?

 

[bakphx1 785]

Consular filing can be way faster.  

[Redro 4,602]

1 hour ago, CaliforniaMan007 said:

I would like to get advice. Which route is faster ?

Should I go for a K-1 visa for fiancée?  Or should we marry in Lima and file I-130 for consular processing?

The embassy would be Lima, Peru

 

Which one has the best shot at processing faster?

 

First stage of the process (USCIS) is not country dependent. 

K1s are currently taking 13 months at California center.

I-130s can take anywhere between 6 months to 15 months... 

 

Second stage NVC -consulate dependent for K1-

currently +/- 75 days for I-130 UNLESS you receive an RFE and you will then have to wait another +/- 75 days. 

 

VJ user timelines for K1 here.

VJ user timelines for IR1/CR1 here.

 

Be aware: timelines are not static. Things can be very different in 6 months.

 

Also, think about your long term plans and what the foreign national can and cannot do in the US once they arrive.

Will they be able to drive? Are they okay with not working or leaving the country for 8-12 months. Do they want to work as soon as they arrive? 

 

ETA: Thread about backlog in Lima from January here:

 

 

 

 

Edited July 19, 2022 by ROK2USA

[powerpuff 6,053]

~~ Topic moved from K1 forum to What Visa Do I need - OP is undecided and seeking advice ~~

[Crazy Cat 39,839]

9 hours ago, CaliforniaMan007 said:

I would like to get advice. Which route is faster ?

Should I go for a K-1 visa for fiancée?  Or should we marry in Lima and file I-130 for consular processing?

The embassy would be Lima, Peru

 

Which one has the best shot at processing faster?

 

Sometimes, there are more things to consider:

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 K-1 might be a better choice when 18-21 year old children are immigrating also
    In some situations, marriage can affect certain Home country benefits, making a K-1 a better choice   
    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.
   

 

 

[DaveAndAnastasia 2,079]

10 hours ago, bakphx1 said:

Consular filing can be way faster.  

but generally is not available in normal cases now that the overseas USCIS field offices have all closed.

[SalishSea 16,978]

14 hours ago, DaveAndAnastasia said:

but generally is not available in normal cases now that the overseas USCIS field offices have all closed.

I don’t think the OP meant DCF, but consular filing stateside.

On 7/18/2022 at 10:05 PM, bakphx1 said:

Consular filing can be way faster.  

Not these days.   Each process is about two years from start to finish.

[DaveAndAnastasia 2,079]

9 hours ago, Jorgedig said:

I don’t think the OP meant DCF, but consular filing stateside.

?

AOS from a non-K visa isn't consular filing, it's just AOS.

I'm not aware of any other process for a fiancé(e)/spouse to come to the US permanently beyond K-1->AOS, CR/IR-1, and AOS by someone already in the US on a non-K visa?

[SalishSea 16,978]

58 minutes ago, DaveAndAnastasia said:

?

AOS from a non-K visa isn't consular filing, it's just AOS.

I'm not aware of any other process for a fiancé(e)/spouse to come to the US permanently beyond K-1->AOS, CR/IR-1, and AOS by someone already in the US on a non-K visa?

DCF vs “consular filing” for a visa, which is the process of submitting a petition, applying for a visa at a consulate, and in the case of K-1s, ultimately adjusting status.   

[CaliforniaMan007 0]

So it sounds like the option of getting married in Lima, Peru and then filing the I-130 doing the IR-1 route with the interview taking place in the embassy in Lima would be the less expensive option. Also, I like the fact that when my spouse arrives she will be ready to work/travel/etc. 

 

I did not realize that the K-1 does not give you employment authorization. 

 

In terms of time, it sounds like I should plan for a 2-year process either way.