Would it be better to wait for a second visit before applying?

[poochopolis 5]

Hi All,

 

Here's the bare bones timeline; we were in contact for about ten years before we were able to meet. You may ask what took so long...well, quite a few things. We started out just as net pals and developed into something more. The plan was always to meet as soon as possible but in the time we knew each other I went from a GED/minimum wage job to a Master's Degree and salaried position, he already had a better established career when we first started talking but was on a hiatus due to stress and living off savings, he went back and got further certifications and furthered his career. We initially planned to meet 4 years ago when I unexpectedly lost my parent and the grief caused me to withdraw, then when we were ready to try a meet again Covid hit and it became near impossible. We finally got to meet this past year and we spent a month together and want to be together for good. We only have the one month long visit so far though, and I'll be back for just under 2 weeks at Christmas time. Is it better to wait until we have two visits under our belts to file? We'd rather not wait and just get it started already, but I worry that because we've only done one visit (even if it was for a month) that will not satisfy requirements. I guess what I worry about is finding out it was denied and just waiting a few months until we had more visits under our belt could have made the difference. I'd like to think in a perfect world a consular officer would look at our long history of communicating and realize no one looking to pull a scam invests 10+ years into it, and that our month together is enough to demonstrate bonafide relationship and intent to marry, but as we finalize our documents and get our ducks in a row, I can't help but worry a little. This is just SO important to the both of us, and maybe I'm overthinking... thanks all for reading!

[Boiler 43,588]

Which Consulate?

[poochopolis 5]

3 minutes ago, Boiler said:

Which Consulate?

Mumbai

[TBoneTX 43,246]

"Face time" (time spent in person) is arguably the most valuable factor in demonstrating a bona fide relationship.

[carmel34 3,532]

6 hours ago, poochopolis said:

We only have the one month long visit so far though, and I'll be back for just under 2 weeks at Christmas time. Is it better to wait until we have two visits under our belts to file?

File now to get in the long queue.  Go back to India for more visits, as often as you can during the year it will take to adjudicate the petition.  Your fiancé can take that additional evidence to the visa interview.

[SteveInBostonI130 3,319]

Have you thought about marrying on the next visit and going for a spouse visa?

[Beth Moskov 25]

Hi there definitely file now unless you are going to get married and go for the K3 visa. The process is taking so long the quicker you can file the better. I think as has been stated you can then visit each other as many times as you'd like so that when your fiance goes for the interview they can bring the additional evidence to show all the other trips that you took together. It will help not only in your case but in your relationship that's good to have as much time together. Good luck!

[SteveInBostonI130 3,319]

CR1

[Lil bear 3,840]

K3 visas are just about defunct now. Spouse visa is IR/CR1  

[Unlockable 7,306]

56 minutes ago, Beth Moskov said:

Hi there definitely file now unless you are going to get married and go for the K3 visa. The process is taking so long the quicker you can file the better. I think as has been stated you can then visit each other as many times as you'd like so that when your fiance goes for the interview they can bring the additional evidence to show all the other trips that you took together. It will help not only in your case but in your relationship that's good to have as much time together. Good luck!

The K3 is practically dead. Hardly even issued anymore. It would be the CR1 that is the best route.

 

All your other advice is good.

[Mike E 11,723]

You’ve known each other virtually for over a decade and your first meeting went fantastically well. You both have great careers going. It would be a shame if one career was stalled for 2 years because of the constraints a K-1 visa places.  
 

Don’t do K-1.  Instead:
 

* Get married at the next meeting,

* File-130/I-130A, and follow the process outlined in 

* After I-130 is approved:

 

- If it has been 2  years  or more  since the date of marriage, move as fast as possible through NVC and consular phases to get an immigration visa, and enter  the  USA as a soon  as visa is issued. This way the immigrant will receive a 10 year green card and bypass I-751 after arriving into the USA. I-751 is a death march, and takes years now to get approved, during which time work, travel, drivers license, loan applications, etc are just complicated.  

 

- If it has been between 18 months and less than 2 years   since the date of marriage, move as fast as possible through NVC and consular phases to get an immigration visa, and then enter the USA on or after the 2 year anniversary of the marriage. The visa will be usable up to 6 months after the date of the medical examination, and the medical examination is shortly before the interview. Thus the visa holder might wait up to 6 months to enter the USA after getting the visa.  Because the date of entry into the USA will be 2 years or more after the date of marriage, the immigrant will receive a 10 year green card.  Again this will avoid I-751. 

 

- If it has been between 12 and 18 months since the date of marriage, move slowly through the NVC and consular phases so that the medical examination happens on or after 18 months of marriage.  Enter  the  USA on or after the 2 year anniversary of the marriage.  Because the date of entry into the USA will be 2 years or more after marriage, the immigrant will receive a 10 year green card.  Again this will avoid I-751. 
 

- If it has been less than 12 months since the date of marriage, do not move forward with NVC or consular  processing until the one year wedding anniversary.  If you have not filed DS-260 within 12 months of the date of approval of I-130, inform NVC that you are still interested in an immigration visa. At the one year anniversary of marriage, move slowly through the NVC and consular phases so that the medical examination happens on or after 18 months of marriage.  Enter  the  USA on or after the 2 year anniversary of the marriage.  Because the date of entry into the USA will be 2 years or more after marriage, the immigrant will receive a 10 year green card.  Again this will avoid I-751. 
 

From the point you file I-130 to the date of the interview, the couple should continue to meet. The longer it takes to get to the visa interview,  the more meetings and/or days that should be spent together.  At the visa interview, the record of meetings and days spent together is likely to be considered. 

 

 

 

 

Edited September 18, 2022 by Mike E

[mari04 100]

I would submit I-129 package now. One visit is enough for the approval by USCIS. It will take at least a year between submission and interview. Interview stage is when you want to make sure you have plenty of face time. I would use this year to extensively see each other. 

[Scandi 3,975]

Like others have already said - don't bother with the K-1/i-129f. Go see your partner, marry and then file for the spousal visa instead. I went for the K-1 as it was slightly faster back in the day, and I regret that dumb decision. Nowadays there's hardly any processing times difference between the two anyway, so not even that is something that is better about the K-1. 

[poochopolis 5]

7 hours ago, Mike E said:

You’ve known each other virtually for over a decade and your first meeting went fantastically well. You both have great careers going. It would be a shame if one career was stalled for 2 years because of the constraints a K-1 visa places.  
 

Don’t do K-1.  Instead:
 

* Get married at the next meeting,

* File-130/I-130A, and follow the process outlined in 

* After I-130 is approved:

 

- If it has been 2  years  or more  since the date of marriage, move as fast as possible through NVC and consular phases to get an immigration visa, and enter  the  USA as a soon  as visa is issued. This way the immigrant will receive a 10 year green card and bypass I-751 after arriving into the USA. I-751 is a death march, and takes years now to get approved, during which time work, travel, drivers license, loan applications, etc are just complicated.  

 

- If it has been between 18 months and less than 2 years   since the date of marriage, move as fast as possible through NVC and consular phases to get an immigration visa, and then enter the USA on or after the 2 year anniversary of the marriage. The visa will be usable up to 6 months after the date of the medical examination, and the medical examination is shortly before the interview. Thus the visa holder might wait up to 6 months to enter the USA after getting the visa.  Because the date of entry into the USA will be 2 years or more after the date of marriage, the immigrant will receive a 10 year green card.  Again this will avoid I-751. 

 

- If it has been between 12 and 18 months since the date of marriage, move slowly through the NVC and consular phases so that the medical examination happens on or after 18 months of marriage.  Enter  the  USA on or after the 2 year anniversary of the marriage.  Because the date of entry into the USA will be 2 years or more after marriage, the immigrant will receive a 10 year green card.  Again this will avoid I-751. 
 

- If it has been less than 12 months since the date of marriage, do not move forward with NVC or consular  processing until the one year wedding anniversary.  If you have not filed DS-260 within 12 months of the date of approval of I-130, inform NVC that you are still interested in an immigration visa. At the one year anniversary of marriage, move slowly through the NVC and consular phases so that the medical examination happens on or after 18 months of marriage.  Enter  the  USA on or after the 2 year anniversary of the marriage.  Because the date of entry into the USA will be 2 years or more after marriage, the immigrant will receive a 10 year green card.  Again this will avoid I-751. 
 

From the point you file I-130 to the date of the interview, the couple should continue to meet. The longer it takes to get to the visa interview,  the more meetings and/or days that should be spent together.  At the visa interview, the record of meetings and days spent together is likely to be considered. 

 

 

 

 

Thank you so much for this thoughtful reply. We originally were going to go CR-1 route, but after meeting in person we just wanted to be able to be together sooner than later and it seemed people were waiting around 2 years to be able to come over on CR-1, Our thought was even if we have to wait 12-15 months for K-1 with the delays, we can at least be in person. However, updated information is starting to make me think twice. I really appreciate all the effort you put into your post - thank you!!

[Lynxyonok 316]

Two other members had already suggested: don't wait @mari04 @carmel34 : their advice is worth weeks shaven off of the waiting queue.

 

I only wish I had been faster myself, not being lazy. Nowadays a week a delay means an extra nine days spent waiting for approval.

 

Make your best case and charge, extra pictures, extra best evidence available packaged right into the first application.

 

And if RFE be... then RFE be.