FILING SPOUSAL I-130 Nigerian Spouse and US Citizen

[Olusola 26]

Hi, all. I am currently in Nigeria to legally wed my fiance and I will be returning to the US to do a spousal visa. I chose this method because from my understand, it seemed preferable based on our plans. The fiance visa, while supposedly faster, from my understand, involves first getting a K1 visa and then traveling, getting married there within 90 days of arrival, and then applying for a change of status and green card. I also understand the fiance visa can take several months just like the IR spousal visa, but on top of that requires waiting for green card after already arriving at the US. I don't want my wife to have to wait after having already waited and I also hear that there's a higher chance of denial with the fiance visa compared to the spousal one. So this is my rationale. 

 

I was asked by a relative who is also looking into this process, which would be better. She is going the K1 route but I said I'd do some research and confirm. So, I am posting this to ask for advice or speculation regarding this, but also to ask what one can expect nowadays as far as processing times and other expectations. 

 

I am looking forward to starting this journey so I will be submitting the forms and documents the minute I get back to the US. 

Thank you.

[JeanneAdil 6,543]

If no red flags and quality time spent together ,  the CR1 visa far outweighs the K1

 

hopefully when crazycat wakes,  he will post the big differences between the 2

but for now,  its easier to get the SS # , a driving license and all in all it is less expensive as AOS after US marriage is $1225 and they have asked for increase in that fee.  Timeline for AOS and waiting is a painfully long

 

u chose right

 

Nolo law red flags

https://www.nolo.com/legal-encyclopedia/red-flags-that-make-uscis-suspect-marriage-fraud.html

[Crazy Cat 41,979]

5 hours ago, Olusola said:

Hi, all. I am currently in Nigeria to legally wed my fiance and I will be returning to the US to do a spousal visa. I chose this method because from my understand, it seemed preferable based on our plans. The fiance visa, while supposedly faster, from my understand, involves first getting a K1 visa and then traveling, getting married there within 90 days of arrival, and then applying for a change of status and green card. I also understand the fiance visa can take several months just like the IR spousal visa, but on top of that requires waiting for green card after already arriving at the US. I don't want my wife to have to wait after having already waited and I also hear that there's a higher chance of denial with the fiance visa compared to the spousal one. So this is my rationale. 

 

I was asked by a relative who is also looking into this process, which would be better. She is going the K1 route but I said I'd do some research and confirm. So, I am posting this to ask for advice or speculation regarding this, but also to ask what one can expect nowadays as far as processing times and other expectations. 

 

I am looking forward to starting this journey so I will be submitting the forms and documents the minute I get back to the US. 

Thank you.

Show your relative this.  Both visas will take about 18 months from filing to interview.  You are correct in your analysis.  It will take a long time from K-1 to actual Green Card.

 

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
  K-1 entrant cannot file for citizenship until after having Green Card for 3 years.
  Once an I-129F has been approved, delaying the case is difficult to impossible if the need arises.

CR-1/IR-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.
  The clock for citizenship filing starts immediately upon entry to the US.
  A CR-1/IR-1 case can be delayed indefinitely at NVC if the need arises. 
   

 

[Olusola 26]

2 hours ago, JeanneAdil said:

If no red flags and quality time spent together ,  the CR1 visa far outweighs the K1

 

hopefully when crazycat wakes,  he will post the big differences between the 2

but for now,  its easier to get the SS # , a driving license and all in all it is less expensive as AOS after US marriage is $1225 and they have asked for increase in that fee.  Timeline for AOS and waiting is a painfully long

 

u chose right

 

Nolo law red flags

https://www.nolo.com/legal-encyclopedia/red-flags-that-make-uscis-suspect-marriage-fraud.html

Great. Was in Nigeria 3 times last year for 3 weeks each time and I also have proof of 4 to 7 hour long phone calls daily, plus I'm now in Nigeria again. Hopefully that helps them. I'm big on having complete and thorough documents and evidence so this will definitely not be an issue. 

[JeanneAdil 6,543]

5 minutes ago, Olusola said:

Great. Was in Nigeria 3 times last year for 3 weeks each time and I also have proof of 4 to 7 hour long phone calls daily, plus I'm now in Nigeria again. Hopefully that helps them. I'm big on having complete and thorough documents and evidence so this will definitely not be an issue. 

Add to the K1 that is  a she bringing in fiancee which (for some reason is more difficult than a USC male bringing in a fiancee )

i know as this was our case also in Africa

[Olusola 26]

1 hour ago, Crazy Cat said:

Show your relative this.  Both visas will take about 18 months from filing to interview.  You are correct in your analysis.  It will take a long time from K-1 to actual Green Card.

 

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
  K-1 entrant cannot file for citizenship until after having Green Card for 3 years.
  Once an I-129F has been approved, delaying the case is difficult to impossible if the need arises.

CR-1/IR-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.
  The clock for citizenship filing starts immediately upon entry to the US.
  A CR-1/IR-1 case can be delayed indefinitely at NVC if the need arises. 
   

 

Thank you so much for this elaborate details. This was my concern as well. Thanks for confirming.  Thank you

[discoverusa 277]

12 hours ago, Crazy Cat said:

Show your relative this.  Both visas will take about 18 months from filing to interview.  You are correct in your analysis.  It will take a long time from K-1 to actual Green Card.

 

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
  K-1 entrant cannot file for citizenship until after having Green Card for 3 years.
  Once an I-129F has been approved, delaying the case is difficult to impossible if the need arises.

CR-1/IR-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.
  The clock for citizenship filing starts immediately upon entry to the US.
  A CR-1/IR-1 case can be delayed indefinitely at NVC if the need arises. 
   

 

I love this list!

[SalishSea 17,921]

11 hours ago, JeanneAdil said:

for some reason is more difficult than a USC male bringing in a fiancee

Just want to add that this is not at all an issue for all countries.

[Rocio0010 5,579]

Are you a USC by birth?

Have either of you been married before?

Whats the age gap?

[Olusola 26]

8 hours ago, Rocio0010 said:

Are you a USC by birth?

Have either of you been married before?

Whats the age gap?

5 year age gap, us citizen through military service, green card initially through parent. Never married at all. 

[Oko Vicki 55]

On 11/16/2023 at 11:04 AM, Olusola said:

5 year age gap, us citizen through military service, green card initially through parent. Never married at all. 

You are good to go my bro. If she has ever applied for a US visa, make sure she did not claim to have been married or have kids for a higher chance of approval.

Anything besides, fire on sir.

[JustBelieve 7]

Hello, any updates on this pls?

[appleblossom 2,683]

34 minutes ago, JustBelieve said:

Hello, any updates on this pls?

 

Unlikely, if they only applied at the end of last year. It's about 12-14 months for most I-130's to be approved.