Looking for guidance on best visa option for my SO

[PurpleGold 0]

Good day/evening,

 

I was recommended to visit this site via a reddit post I made asking whether a K1 Visa or Spousal Visa would be best for my boyfriend and I to pursue. 

 

I am a US Citizen and he is Nigerian. We have been in a long distance relationship now for close to a year, and we have been working on physically meeting, though faced with challenges. Firstly, due to a severe panic disorder, I have not flown anywhere before and am currently working on finding proper medical treatment for this (after long trial and error). Second, him being from Nigeria, a travel visa to come here we believe would be hard to obtain. 

For background, he has no prior marriages, graduate of music, lives alone and holds a job in radio. We have an age gap of 5 years. He's spoken to my family over the course of us meeting and I've spoken with those close to him in his current region. In the beginning of the relationship I saw things like his graduates certificate and passport. No money was ever asked for, and we had a disagreement that almost ended the relationship (I know people looking for red flags often point out that fraudsters like to agree with whatever you say, butter you up, etc). I was nearly scammed several years ago by a man from India, and it taught me to look for red flags and identify suspicious behavior.

 

We understand that there may be scrutiny due to the spotlight of fraud in the country, but nevertheless are remaining enthusiastic about our relationship and without the money to seek legal advice, are trying to do our own research and seek advice from people who have been through this process. 

 

With the challenge regarding my health I would need to face to fly there, we considered the K1 Visa as a safer option, however many people online have said they feel it less likely to be approved for a Nigerian man, and recommend the spousal visa after marrying as a better option.

 

We read about the Utah proxy marriage process, but we understand we still need to be physically together prior to applying for a spousal visa. 

 

Has anyone been through this process personally, or know someone who has, who can speak from experience, rather than opinion. Any advice is welcomed, but it would be great to talk to someone who has gone through either process and can provide more feedback. With both options being costly, we want to put our finances into the right avenue, and also not spend time on an option that might be less likely to be fruitful. 

 

Thank you to anyone who is willing to offer any feedback or share their journey! 

 

 

[Crazy Cat 45,662]

Step 1:  Actually meet.....several times....regardless of your choice of a K-1 or spousal visa.  I would not, under any circumstances, marry on the first visit.  That would be a gigantic red flag.  A LOT of time actually together is extremely important for high fraud countries.
 

 

Edited 11 hours ago by Crazy Cat

[Crazy Cat 45,662]

42 minutes ago, PurpleGold said:

Second, him being from Nigeria, a travel visa to come here we believe would be hard to obtain. 

It would be impossible, imo.  I wouldn't waste my time or money.

[Crazy Cat 45,662]

Her is my comparison between a K-1 and a CR-1 spousal visa:

 

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 (up to 9 months) 
  Spouse can not work until she/he receives EAD (up to 9 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.
  If US spouse declines to participate in Adjustment of Status, the foreign spouse will have a very difficult avenue to legally remain in the US.
Current Presidential executive order (travel bans) don't allow K-1 visa holders from some countries to enter the US.

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. 
Current Presidential executive order (travel bans) exempt immediate relatives of US citizens.
   

 

[PurpleGold 0]

7 minutes ago, Crazy Cat said:

Step 1:  Actually meet.....several times....regardless of your choice of a K-1 or spousal visa.  I would not, under any circumstances, marry on the first visit.  That would be a gigantic red flag.
 

 

Hi there! Thanks for responding! 

 

That would be ideal, however, neither of us has the funds to make multiple trips back & forth at this time. We understand the K1 at least gives us 90 days to be together, and that is also one thing that stands point from that other options. 

[PurpleGold 0]

5 minutes ago, Crazy Cat said:

It would be impossible, imo.  I wouldn't waste my time or money.

Definitely agree on this

[Crazy Cat 45,662]

2 minutes ago, PurpleGold said:

however, neither of us has the funds to make multiple trips back & forth at this time.

Then, I would prepare myself for an uphill battle.  Nigeria cases receive a LOT of scrutiny.  This is not an exaggeration.   The MOST important evidence for a bona fide relationship is actual time spent together.  For a K-1, the minimum requirement is to have met at least once in the past 2 years.  That does not mean it will be accepted by a Consulate Officer.  Like I said, do NOT marry on the first visit.

[Crazy Cat 45,662]

6 minutes ago, PurpleGold said:

We understand the K1 at least gives us 90 days to be together, and that is also one thing that stands point from that other options. 

You need to worry about having enough time together BEFORE the visa is issued.

[Crazy Cat 45,662]

Is there a large age gap?  Different religions? If so, those are red flags, too.

Edited 11 hours ago by Crazy Cat

[PurpleGold 0]

1 minute ago, Crazy Cat said:

Is there a large age gap?  Different religions? If so, those are red flags, too.

Hi,

 

No lather age gap, and same religious beliefs 

[Edward and Jaycel 2,297]

The best advice I can give you is that no matter what visa you intend to pursue, time together in person is most important. As much as you can. I understand the issues with your disorder and I pray you can find some treatment that works because with him being from a high-fraud country, time together in person is the thing that will convince the Consular Officer that your relationship is legit. I know that this is going to sound cold, but they will not give a care in the world about your disorder. If you do not have significant time in person together, even a spousal visa will be a severe battle for you. If you do the Utah Online Marriage route and go to "consummate" the marriage, file the I-130 and don't return for more visits while it is pending, your likelihood of getting the visa approved there is somewhere between slim & none. I'm sorry if this all sounds doom & gloom but I want you to be aware of the realities of your situation so that you know what you must do if this is how you want to proceed. The consular officers in these high-fraud countries have never been known to be lenient, even in the most permissive of immigration environments and in the current climate, I imagine that they have an even wider latitude to deny cases on suspicion of fraud. You are going to have to prove to them that your relationship is legit and unfortunately there is really only one way do do this - by getting on a plane, a few different times, and spending time together.

[wildbug100420 361]

58 minutes ago, PurpleGold said:

Good day/evening,

 

I was recommended to visit this site via a reddit post I made asking whether a K1 Visa or Spousal Visa would be best for my boyfriend and I to pursue. 

 

I am a US Citizen and he is Nigerian. We have been in a long distance relationship now for close to a year, and we have been working on physically meeting, though faced with challenges. Firstly, due to a severe panic disorder, I have not flown anywhere before and am currently working on finding proper medical treatment for this (after long trial and error). Second, him being from Nigeria, a travel visa to come here we believe would be hard to obtain. 

For background, he has no prior marriages, graduate of music, lives alone and holds a job in radio. We have an age gap of 5 years. He's spoken to my family over the course of us meeting and I've spoken with those close to him in his current region. In the beginning of the relationship I saw things like his graduates certificate and passport. No money was ever asked for, and we had a disagreement that almost ended the relationship (I know people looking for red flags often point out that fraudsters like to agree with whatever you say, butter you up, etc). I was nearly scammed several years ago by a man from India, and it taught me to look for red flags and identify suspicious behavior.

 

We understand that there may be scrutiny due to the spotlight of fraud in the country, but nevertheless are remaining enthusiastic about our relationship and without the money to seek legal advice, are trying to do our own research and seek advice from people who have been through this process. 

 

With the challenge regarding my health I would need to face to fly there, we considered the K1 Visa as a safer option, however many people online have said they feel it less likely to be approved for a Nigerian man, and recommend the spousal visa after marrying as a better option.

 

We read about the Utah proxy marriage process, but we understand we still need to be physically together prior to applying for a spousal visa. 

 

Has anyone been through this process personally, or know someone who has, who can speak from experience, rather than opinion. Any advice is welcomed, but it would be great to talk to someone who has gone through either process and can provide more feedback. With both options being costly, we want to put our finances into the right avenue, and also not spend time on an option that might be less likely to be fruitful. 

 

Thank you to anyone who is willing to offer any feedback or share their journey! 

 

 

I wouldn't even consider marriage to someone I haven't met in person. 

[PurpleGold 0]

2 minutes ago, Edward and Jaycel said:

The best advice I can give you is that no matter what visa you intend to pursue, time together in person is most important. As much as you can. I understand the issues with your disorder and I pray you can find some treatment that works because with him being from a high-fraud country, time together in person is the thing that will convince the Consular Officer that your relationship is legit. I know that this is going to sound cold, but they will not give a care in the world about your disorder. If you do not have significant time in person together, even a spousal visa will be a severe battle for you. If you do the Utah Online Marriage route and go to "consummate" the marriage, file the I-130 and don't return for more visits while it is pending, your likelihood of getting the visa approved there is somewhere between slim & none. I'm sorry if this all sounds doom & gloom but I want you to be aware of the realities of your situation so that you know what you must do if this is how you want to proceed. The consular officers in these high-fraud countries have never been known to be lenient, even in the most permissive of immigration environments and in the current climate, I imagine that they have an even wider latitude to deny cases on suspicion of fraud. You are going to have to prove to them that your relationship is legit and unfortunately there is really only one way do do this - by getting on a plane, a few different times, and spending time together.

Hi there!

 

Thank you for your response and advice. It's greatly appreciated! It definitely doesn't sound cold, information is necessary to make decisions! One question I haven't been able to really get an answer to is that with the K1 requirement to meet within 2 years, my doctor has provided me a letter stating she does not recommend independent long distance travel at this time. Could this help? Don't know who to ask this one to - again not able to afford a lawyer at the time, unfortunately - because I know it would help. 

 

Thanks again! 

[JeanneAdil 7,317]

From African country also that first we went thru K1 (after my gf spent a month in Moroc with me and my family)

K1 was denied in 2009 and she then came and spent 2 months with me and we married

I believe we were denied as our age gap was over 10 years / yours is only 5 so not as big an issue

 

U r going to have to suck-it-up and make the flight to Nigeria to meet and if you are completely serious after meeting ,  return and marry there.  the spouse visa has a greater chance for the visa .   My wife made 5 visits to Moroc and spent 10 months total to secure and prove our marriage was bona fide.

 

And if money is an issue ,  you need to know the K1 with the following AOS process for green card in the USA is costly.  As matter of fact, u should check all the costs for either visa and the needed amount per proverty guidelines to sponsor him.

Edited 10 hours ago by JeanneAdil

[PurpleGold 0]

4 minutes ago, wildbug100420 said:

I wouldn't even consider marriage to someone I haven't met in person. 

Hi there! Thanks for replying. 

 

This one reason the idea of the K1 stood out- at the least it offers 90 days to be around each other to build on the time we've spent in daily constant communication. Versus the spousal.from my understanding, at least.