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Petrisaint Mpaka

DV Lottery of K1 Visa - Can I file for both?

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Hi. 
I applied for the DV lottery 2025 and hope to be selected this year. My fiancé and I discovered that there is a fiancé visa for the USA. Do you think that if we apply for the K1 visa and that I am selected can I stop the fiancé visa process ? Will I have to stick with the K1 visa process or can I continue with the DV process ? If I can choose, is it going to cause us problem in my process? For those on the K1 visa process what the processing time for that ? And for the lottery after how much time can you expect to have an interview after being selected ? Thank you for the help ! 

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29 minutes ago, Petrisaint Mpaka said:

Hi. 
I applied for the DV lottery 2025 and hope to be selected this year. My fiancé and I discovered that there is a fiancé visa for the USA. Do you think that if we apply for the K1 visa and that I am selected can I stop the fiancé visa process ? Will I have to stick with the K1 visa process or can I continue with the DV process ? If I can choose, is it going to cause us problem in my process? For those on the K1 visa process what the processing time for that ? And for the lottery after how much time can you expect to have an interview after being selected ? Thank you for the help ! 

You can have multiple petitions/applications going on simultaneously.  You can choose in the future which path you want to take without a problem.  K1 are taking more than a year but is also dependent on Consulate where the interview will be.  The backlog at some Consulates can be quite significant.

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Filed: Citizen (apr) Country: Argentina
Timeline
1 hour ago, Petrisaint Mpaka said:

can I stop the fiancé visa process

Did you mean DV? 

If so, no, you don't need to interrupt the other petition. The two of them can coexist. Additionally, have you though of getting married and filing for a spousal visa instead? 

 

Paging @Crazy Cat about pros and cons of each.

FROM F1 TO AOS

October 17, 2019 AOS receipt date 

December 09, 2019: Biometric appointment

January 15, 2020 RFE received

January 30, 2020  RFE response sent

Feb 7: EAD approved and interview scheduled

March 18, 2020 Interview cancelled

April 14th 2020: RFE received

April 29, 2020 Approved without interview

May 1, 2020 Card in hand

 

REMOVAL OF CONDITIONS

February 1, 2022 package sent

March 28, 2022 Fingerprints reused

July 18, 2023 approval

July 20, 2023 Card in hand

 

N400 

January 30,2023: Online filing

February 4th, 2023: Biometric appointment

June 15th, 2023: Case actively being reviewed

July 11th, 2023: Interview scheduled.

August 30th, 2023: Interview!

August 31st, 2023: Oath ceremony scheduled.

Sept 19th, 2023: Officially a US citizen!

 


 

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Filed: Citizen (apr) Country: Taiwan
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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. 
   


 

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

August 7, 2022: Wife file N-400 Online

December 14, 2022: Combo Interview for I-751 and N-400 Conducted.

January 26, 2023: Wife's Oath Ceremony completed at the Plano Event Center, Plano, Texas!!!😁

February 6, 2023: Wife's Passport Application submitted in Dallas, Texas.

March 21, 2023:   Wife's Passport Delivered!!!!

May 15, 2023 (about):  Naturalization Certificate returned from Passport agency!!

 

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

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1 hour ago, IWander said:

You can have multiple petitions/applications going on simultaneously.  You can choose in the future which path you want to take without a problem.  K1 are taking more than a year but is also dependent on Consulate where the interview will be.  The backlog at some Consulates can be quite significant.

Yes I heard about the backlog. I am in Switzerland and I don’t think there is a big backlog there.. 

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44 minutes ago, Rocio0010 said:

Did you mean DV? 

If so, no, you don't need to interrupt the other petition. The two of them can coexist. Additionally, have you though of getting married and filing for a spousal visa instead? 

 

Paging @Crazy Cat about pros and cons of each.

Dv for Diversity. We thought about, pour first idea was to actually get married first and file for the spousal visa from abroad but unfortunately his job doesn’t allow him to move from the US currently so I am the one who is going to move. We spoke with an immigration attorney who told us that told us we could file for the k1 visa and also spoke to us about the expenses and everything. 

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46 minutes ago, Crazy Cat said:

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 for the information! We thought about getting married first and than apply abroad but due to my fiancé situation with his job, he can’t move abroad this is why we thought about the k1 visa 

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Filed: K-1 Visa Country: United Kingdom
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3 minutes ago, Petrisaint Mpaka said:

Yes I heard about the backlog. I am in Switzerland and I don’t think there is a big backlog there.. 

you can apply for both, I did. You'll almost guaranteed hear back fro k1 before DV but you can have both going same time. I imagine if you by chance win DV, you can just decline
K1 will likely take 8-10months for you unless you're one of the small % who end up with a few month slower timeline. You can do a spousal to US instead which I believe takes 1-2yrs on ave. It's called a CR1

I-129f filed: 2022-10-21  ||  NOA1: 2022-10-24  ||  NOA2: 2023-09-21
NVC Received: 2023-10-13  ||  NVC Case #: 2023-10-17  ||  NVC in transit: 2023-10-24  ||  NVC Ready: 2023-10-26 

Medical: 2023-11-24  ||  Interview: 2023-12-14  ||  CEAC Issued: 2023-12-18  ||  VOH: 2023-12-20
Entry to US: 2024-02-14

Range: WAC23900(09000)

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Filed: K-1 Visa Country: United Kingdom
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To clarify he doesn't have to live with you for the spousal, many don't. He's actually required to have US domicile and salary to do a spousal with you. 
I personally didn't go for that due to wait time + living apart from my husband but each to their own

I-129f filed: 2022-10-21  ||  NOA1: 2022-10-24  ||  NOA2: 2023-09-21
NVC Received: 2023-10-13  ||  NVC Case #: 2023-10-17  ||  NVC in transit: 2023-10-24  ||  NVC Ready: 2023-10-26 

Medical: 2023-11-24  ||  Interview: 2023-12-14  ||  CEAC Issued: 2023-12-18  ||  VOH: 2023-12-20
Entry to US: 2024-02-14

Range: WAC23900(09000)

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Just now, AndiB said:

you can apply for both, I did. You'll almost guaranteed hear back fro k1 before DV but you can have both going same time. I imagine if you by chance win DV, you can just decline
K1 will likely take 8-10months for you unless you're one of the small % who end up with a few month slower timeline. You can do a spousal to US instead which I believe takes 1-2yrs on ave. It's called a CR1

Thank you for the answer. The main reason we would like to go for the k1 visa is because of my fiancé situation with his job, he can’t move from the US, and because I am in Switzerland after speaking with an immigration attorney he informed us that the US consular here is not affected by the backlog so it’s pretty quick compared to other countries. So it’s also because it’s probably going to be quicker for us to be together 

2 minutes ago, AndiB said:

To clarify he doesn't have to live with you for the spousal, many don't. He's actually required to have US domicile and salary to do a spousal with you. 
I personally didn't go for that due to wait time + living apart from my husband but each to their own

Yes, that’s exactly the same for me. The wait time and being apart for too long

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Filed: Citizen (apr) Country: Brazil
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11 minutes ago, AndiB said:

K1 will likely take 8-10months for you unless you're one of the small % who end up with a few month slower timeline. You can do a spousal to US instead which I believe takes 1-2yrs on ave. It's called a CR1

The timing difference may have been true many years ago.  Right now, K-1 and CR-1 are both taking 1-2 years.  CR-1 is the far superior way to go.

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10 minutes ago, Petrisaint Mpaka said:

Thank you for the answer. The main reason we would like to go for the k1 visa is because of my fiancé situation with his job, he can’t move from the US,

 

Both the K-1 and the CR1 are for you to reunite with your spouse/fiance in the US, he can stay in the US throughout either route. The only differences are as CrazyCat has said above. 

Edited by appleblossom
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Filed: Citizen (apr) Country: Taiwan
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24 minutes ago, AndiB said:

K1 will likely take 8-10months for you unless you're one of the small % who end up with a few month slower timeline.

Current average time from filing to interview is 18 months for a K-1 visa vs 21 months for a CR-1 visa per other VJ members.

 

image.png.66f68de55b9c6f643e47e583c4c81fdf.png

 

image.png.3c0bd39fc6ceb13112ca1fb0c02ac8f2.png

 

 

 

Edited by Crazy Cat

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

August 7, 2022: Wife file N-400 Online

December 14, 2022: Combo Interview for I-751 and N-400 Conducted.

January 26, 2023: Wife's Oath Ceremony completed at the Plano Event Center, Plano, Texas!!!😁

February 6, 2023: Wife's Passport Application submitted in Dallas, Texas.

March 21, 2023:   Wife's Passport Delivered!!!!

May 15, 2023 (about):  Naturalization Certificate returned from Passport agency!!

 

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

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Filed: Citizen (apr) Country: Taiwan
Timeline
25 minutes ago, Petrisaint Mpaka said:

The wait time and being apart for too long

The time difference to enter the US is not much different between a K-1 and a CR-1.  However, getting a Green Card is much. much faster for a CR-1 holder. 

Edited by Crazy Cat

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

August 7, 2022: Wife file N-400 Online

December 14, 2022: Combo Interview for I-751 and N-400 Conducted.

January 26, 2023: Wife's Oath Ceremony completed at the Plano Event Center, Plano, Texas!!!😁

February 6, 2023: Wife's Passport Application submitted in Dallas, Texas.

March 21, 2023:   Wife's Passport Delivered!!!!

May 15, 2023 (about):  Naturalization Certificate returned from Passport agency!!

 

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

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42 minutes ago, Petrisaint Mpaka said:

Dv for Diversity. We thought about, pour first idea was to actually get married first and file for the spousal visa from abroad but unfortunately his job doesn’t allow him to move from the US currently so I am the one who is going to move. We spoke with an immigration attorney who told us that told us we could file for the k1 visa and also spoke to us about the expenses and everything. 

You can also get married now and he can file a petition for you to emigrate to the US as spouse.

 

If the immigration attorney did not suggest this as an option then they are not much of an immigration attorney 

Edited by IWander
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