K-1 Visa with Swedish asylum case

[Rose_Ahmed 1]

Hi!

 

I am a US citizen and met my fiance in Sweden. I complete my bachelor's here and he has been in Sweden for 5 years seeking asylum. We met over 2 years ago and have plenty of evidence of our relationship. He even met my parents and friends from the US in person when they came for my graduation. We knew we wanted to be together long term and at one point had hopes we could perhaps settle in Sweden long-term. Things changed recently, I had started looking at graduate programs in the US and then he received negative on his case. Due to all this, we decided we would try to go to the US together but I have some concerns about how this all looks.

 

1. Will applying after his negative decision look bad/cause problems? He will try to stay in Sweden on asylum appeals until he can go to the US because he feels his home country (Iraq) is not safe for him.

 

2. Because this has all been a discussion between us we don't have any official looking proposal

 

3. For complicated reasons he can't get an updated passport at the moment 

 

4. I just graduated this past spring and am working in Sweden. I don't think I can really prove financial support at the moment but I have a parent that is willing to take that responsibility.

 

5. We are also a bit young, I am 23 and he is 25.

 

Thanks in advance for any advice you may have!

 

[Boiler 45,657]

Why the K1?

 

And yes it will look suspicious, I would treat it as a MENA case not a Swedish case.

 

How will he travel without a passport?

[Rose_Ahmed 1]

4 minutes ago, Boiler said:

Why the K1?

 

And yes it will look suspicious, I would treat it as a MENA case not a Swedish case.

 

How will he travel without a passport?

Hi, 

 

First thanks for your reply.

 

Since him coming to the US and K-1 was something we had discussed previously it seemed like a natural option. Also from what I'm reading K-1 is faster than the CR-1 route which is good for our situation. 

 

Sorry I don't know what MENA is could you elaborate on that question?

 

As for the passport, it is my understanding you don't need a valid passport for the i-129f application. We are hoping in the meantime before any further steps we can sort it out.

 

 

[Boiler 45,657]

What have you been reading and where?

 

This will not be a quick case. Either way. K1 seems foolhardy in the circumstances. A Passport is not needed at this stage.

 

Middle East and North Africa.

 

 

[Rose_Ahmed 1]

2 minutes ago, Boiler said:

What have you been reading and where?

 

This will not be a quick case. Either way. K1 seems foolhardy in the circumstances. A Passport is not needed at this stage.

 

Middle East and North Africa.

 

 

I understand the process itself is not fast by any means. What I meant is that compared to CR-1 it appears that K-1 is faster in terms of entering ths US. Per most websites I read. I don't know how accurate they are.

https://www.boundless.com/immigration-resources/how-is-a-fiance-visa-different-from-a-marriage-based-green-card/

[Rose_Ahmed 1]

8 minutes ago, Boiler said:

What have you been reading and where?

 

This will not be a quick case. Either way. K1 seems foolhardy in the circumstances. A Passport is not needed at this stage.

 

Middle East and North Africa.

 

 

If you have any other suggestions I'm open to hearing them.

[Boiler 45,657]

There has been some talk of the K1 speeding up, but 6 months? It has been many years since I have seen one that fast.

 

There is a thread here about January filers getting approved now and that is just the first stage.

 

Plus of course a K1 can be returned to die and you have wasted all that time.

[SteveInBostonI130 3,467]

7 hours ago, Rose_Ahmed said:

I understand the process itself is not fast by any means. What I meant is that compared to CR-1 it appears that K-1 is faster in terms of entering ths US. Per most websites I read. I don't know how accurate they are.

https://www.boundless.com/immigration-resources/how-is-a-fiance-visa-different-from-a-marriage-based-green-card/

 

 

From the website you linked:

Quote

U.S. Citizenship and Immigration Services (USCIS) releases processing times each quarter for all forms, including Form I-129F (fiancé visa) and Form I-130 (spousal visa). According to the latest USCIS quarterly data, the wait time for a K-1 visa is 13.3 months, while a spousal visa currently takes 11.9 months. However, the factors listed in the chart in the section above can extend or speed up your timeline based on your specific circumstances.

 

CR1 is faster than K1, according to them.

 

EDIT:  Go to USCIS official processing time website:  https://egov.uscis.gov/processing-times/

 

Select I-129F, then K1, then California processing center (California is the default center for I-129F's).  Today they are showing 16 months to process 80% of K-1 cases.  I-130, for Spouse of USC, at the 5 service centers is 13 - 14.5 months.

 

Edited November 18, 2023 by SteveInBostonI130
Added USCIS processing times website

[SalishSea 17,921]

1 hour ago, SteveInBostonI130 said:

 

 

From the website you linked:

 

CR1 is faster than K1, according to them.

 

EDIT:  Go to USCIS official processing time website:  https://egov.uscis.gov/processing-times/

 

Select I-129F, then K1, then California processing center (California is the default center for I-129F's).  Today they are showing 16 months to process 80% of K-1 cases.  I-130, for Spouse of USC, at the 5 service centers is 13 - 14.5 months.

 

OP, also petition processing and overall time to visa being issued are totally different things.   Neither K-1 nor CR-1 is “fast,” and both processes will take up to two years.   CR-1 has major advantages.  Start reading and educating yourself now, as US immigration it is complex, time consuming and expensive.

[manyfudge 291]

I would do a direct consular filing with the U.S. consulate.

 

1) get married

2) get a U.S. job offer.

3) file i1130 with the U.S. consulate there 

[Rose_Ahmed 1]

Thank you so much for all your advice I will definitely go in and give the CR-1 a closer look. It seems getting a lawyer on board as well might be good given the details of our situation.

 

Thanks again!!