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Filed: K-1 Visa Country: Pakistan
Timeline
Posted

Hello everyone, I have a little complicated case I need advice on and would appreciate help on this.

 

I (the petitioner) travelled to Pakistan and met my fiancé there. We met and talked however both of us have traditional families so we didn't take any photos together at all neither any of the family members. (I also didn't know about the K1 visa at the time or would probably have it taken)

When we returned we continued communication and then we got engaged. 

 

Now the main issue I am having is that we don't have any photos together and from what I read almost all applications have photos to show proof of meeting and given that Pakistan is a high fraud country it would probably be even more important. I have other proofs like passport stamps, boarding pass, receipts and can also get affidavits from family members who were there and others who were aware of us meeting. There are also call and chat logs (mostly between the parents) but its not too much.

Given that there are no photos together and I am not sure if the case would be weak and it would be better to apply with what I have or travel one more time and get photos together or apply for CR1 and people say it takes longer but is the stronger route and also given the current political climate might be better suited. 

 

My priority is for us to be together as soon as possible and that's why I was thinking about K1 visa instead of spouse visa as I am seeing that these days the K1 visa for Pakistan takes around 1 year and couple of months while spouse visa takes around 2.5 years.

Also I am seeing that NOA1 -> NOA2 is around 8-9 months and I will have opportunity to travel in 2-3 months and also later in the year. 

 

So I thought that there are a couple of options I could pursue and would appreciate everyone's input. 

 

1. Visit Pakistan again to take pictures together with family members then apply for K1

Pros: Stronger K1 application. Cons: Will cost couple of grand just to take trip for photos over a weekend

 

2. Submit K1 application without photos and if RFE is received can submit photos from trip I take 2-3 months later to show ongoing relationship

Pros: can apply right away and less expensive Cons: have higher likelihood of denial due to no photos together before filing

 

3.  Get married and Go CR1 route

Pros: Can appeal if any issues and looks safer. Cons: Longer

 

what does everyone think would be the best way to move forward  in my circumstance? Would appreciate everyone's input

 

Filed: K-1 Visa Country: Philippines
Timeline
Posted
15 minutes ago, fiddyfour said:

Hello everyone, I have a little complicated case I need advice on and would appreciate help on this.

 

I (the petitioner) travelled to Pakistan and met my fiancé there. We met and talked however both of us have traditional families so we didn't take any photos together at all neither any of the family members. (I also didn't know about the K1 visa at the time or would probably have it taken)

When we returned we continued communication and then we got engaged. 

 

Now the main issue I am having is that we don't have any photos together and from what I read almost all applications have photos to show proof of meeting and given that Pakistan is a high fraud country it would probably be even more important. I have other proofs like passport stamps, boarding pass, receipts and can also get affidavits from family members who were there and others who were aware of us meeting. There are also call and chat logs (mostly between the parents) but its not too much.

Given that there are no photos together and I am not sure if the case would be weak and it would be better to apply with what I have or travel one more time and get photos together or apply for CR1 and people say it takes longer but is the stronger route and also given the current political climate might be better suited. 

 

My priority is for us to be together as soon as possible and that's why I was thinking about K1 visa instead of spouse visa as I am seeing that these days the K1 visa for Pakistan takes around 1 year and couple of months while spouse visa takes around 2.5 years.

Also I am seeing that NOA1 -> NOA2 is around 8-9 months and I will have opportunity to travel in 2-3 months and also later in the year. 

 

So I thought that there are a couple of options I could pursue and would appreciate everyone's input. 

 

1. Visit Pakistan again to take pictures together with family members then apply for K1

Pros: Stronger K1 application. Cons: Will cost couple of grand just to take trip for photos over a weekend

 

2. Submit K1 application without photos and if RFE is received can submit photos from trip I take 2-3 months later to show ongoing relationship

Pros: can apply right away and less expensive Cons: have higher likelihood of denial due to no photos together before filing

 

3.  Get married and Go CR1 route

Pros: Can appeal if any issues and looks safer. Cons: Longer

 

what does everyone think would be the best way to move forward  in my circumstance? Would appreciate everyone's input

 

What ever option you choose you must follow all instructions or your application will be subject to rfe, or denial. Highly recommend several visits as pakistan is high fraud country. 

Filed: K-1 Visa Country: Wales
Timeline
Posted

3.

 

After a few more visits

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Filed: K-1 Visa Country: Pakistan
Timeline
Posted
1 hour ago, milimelo said:

Option 3. 

 

Would you care the elaborate why you recommend this?

 

 

10 minutes ago, Boiler said:

3.

 

After a few more visits

 

3 minutes ago, Moda25 said:

Regardless of whichever you pick, just one visit is not enough. I would go for option 3 if I were you. However, you still need a few more visits.

 

You guys are saying CR1 after few more visits? Isn't legal marriage document only needed for CR1, why multiple visits?

 

 

Just from what I see that 

K1 

Best case: I save one year so total: 1.5 years

Worst case: I loose 6 months trying K1 then do CR1 so total: 2.5 years + 6 months = 3 years

 

CR1 - total: 2.5 years

 

 

Posted
4 minutes ago, fiddyfour said:

 

You guys are saying CR1 after few more visits? Isn't legal marriage document only needed for CR1, why multiple visits?

It is needed so USCIS and DOS do not think this marriage is for immigration purposes. Usually people do not marry on the first visit. People learn about each other and think long and hard before committing to marriage 

Filed: K-1 Visa Country: Pakistan
Timeline
Posted (edited)
16 minutes ago, OldUser said:

It is needed so USCIS and DOS do not think this marriage is for immigration purposes. Usually people do not marry on the first visit. People learn about each other and think long and hard before committing to marriage 

But i already mentioned that I already visited once and met with my fiancé and would visit another time to marry. So total two visits. Wouldn't that be enough?

 

 

 

 

 

Also another question, from K1 it says only one meeting from last two years is required.

The only issue is that I cannot fully prove meeting due to no pictures but would other evidence(flight/receipts/affidavits) suffice or would not be sufficient?

 

Edited by fiddyfour
Posted (edited)
13 minutes ago, fiddyfour said:

But i already mentioned that I already visited once and met with my fiancé and would visit another time to marry. So total two visits. Wouldn't that be enough?

 

In my immigration journey, it helped focusing on what all I can do to make the case stronger instead of thinking what the least amount of effort you can do.

 

What if you end up not liking married life together? The more you visit, the less risk it is for you and your fiance. And more evidence you have for immigration. Is there a big age gap, different ethnical or religious background? If yes to any, you need to prove case more. If all true, you need to work very hard to make case approvable.

Edited by OldUser
Posted

You can be approved at the UCIS stage and get denied at the interview. We have seen instances where K-1s are sent back to NVC and to USCIS after the interview so it’s up to you to work on providing enough evidence to support your case. Someone from a country will be good with just one visit while another in a different country won’t be. You already mentioned it’s a high fraud country so you should know why you need more visits. 

Posted

Another vote for CR-1 but only after more time together. Most people don’t choose to marry after such a short amount of time and  just a couple of weeks in each others company, and with a high fraud consulate you need to put a strong case forward. 

Filed: K-1 Visa Country: Pakistan
Timeline
Posted
3 hours ago, fiddyfour said:

Hello everyone, I have a little complicated case I need advice on and would appreciate help on this.

 

I (the petitioner) travelled to Pakistan and met my fiancé there. We met and talked however both of us have traditional families so we didn't take any photos together at all neither any of the family members. (I also didn't know about the K1 visa at the time or would probably have it taken)

When we returned we continued communication and then we got engaged. 

 

Now the main issue I am having is that we don't have any photos together and from what I read almost all applications have photos to show proof of meeting and given that Pakistan is a high fraud country it would probably be even more important. I have other proofs like passport stamps, boarding pass, receipts and can also get affidavits from family members who were there and others who were aware of us meeting. There are also call and chat logs (mostly between the parents) but its not too much.

Given that there are no photos together and I am not sure if the case would be weak and it would be better to apply with what I have or travel one more time and get photos together or apply for CR1 and people say it takes longer but is the stronger route and also given the current political climate might be better suited. 

 

My priority is for us to be together as soon as possible and that's why I was thinking about K1 visa instead of spouse visa as I am seeing that these days the K1 visa for Pakistan takes around 1 year and couple of months while spouse visa takes around 2.5 years.

Also I am seeing that NOA1 -> NOA2 is around 8-9 months and I will have opportunity to travel in 2-3 months and also later in the year. 

 

So I thought that there are a couple of options I could pursue and would appreciate everyone's input. 

 

1. Visit Pakistan again to take pictures together with family members then apply for K1

Pros: Stronger K1 application. Cons: Will cost couple of grand just to take trip for photos over a weekend

 

2. Submit K1 application without photos and if RFE is received can submit photos from trip I take 2-3 months later to show ongoing relationship

Pros: can apply right away and less expensive Cons: have higher likelihood of denial due to no photos together before filing

 

3.  Get married and Go CR1 route

Pros: Can appeal if any issues and looks safer. Cons: Longer

 

what does everyone think would be the best way to move forward  in my circumstance? Would appreciate everyone's input

 

 

K-1 can be faster, but it often comes with more scrutiny, RFEs, and stress and much more costly eventually.

 

Both work, the real question is what makes you comfortable. If speed matters most and your evidence is strong, K-1 can be fine. If peace of mind and a cleaner process matter more, CR-1 may be the better choice.

 

So if finances are a concern and you want a more straightforward, predictable process, CR-1 may be the better fit.

 

Also, the K-1 process itself is the same worldwide; cultural factors are mainly evaluated at the interview. Officers in Pakistan are familiar with local norms and restrictions, but that understanding usually comes with more detailed questioning rather than less scrutiny.

 

I really want to say that I had a fool proof case (minus the fact that the lawyer I hired and then fired made it worse) and from the date of filing to her arriving to the USA was lightspeed compared to others. But still if given a chance ill go CR-1 route.

 

This forum is full of very helpful advice (no shortcuts and no illegal advice) pour through it.

 

Wishing you the best.

 

  • Jan 26, 2021 = NOA 1 for I-129F (K1 Visa application)
  • Sep 8, 2021 = NOA 2 for I-129F (K1 Visa application)
  • Nov 16, 2021 =  K1 visa issued in Islamabad, Pakistan
  • Jan 20, 2022 = POE Dallas, Texas
  • Feb 14, 2022 = AOS (I-451, I-131, I765) Filed
  • Feb 20, 2022 = Receipt notice for all three received
  • March 21, 2022 = Biometrics in Dallas, Texas
  • August 9, 2022 = EAD (I-751 approved)
  • August 13, 2022 = EAD and SSN received (SSN applied with EAD)
  • September 6, 2022 = AP (I-131 approved)
  • September 13, 2022 = AP (I-131 receieved) 
  • March 15, 2023 = I-485 approved (interview waived, New SSN received without DHS wording)
  • March 31, 2023 = GC in hand (Total time from NOA-1 to GC in hand 794 days)
Posted (edited)
4 hours ago, mitzab said:

 

K-1 can be faster, but it often comes with more scrutiny, RFEs, and stress and much more costly eventually.

 

Both work, the real question is what makes you comfortable. If speed matters most and your evidence is strong, K-1 can be fine.

Don't forget:

1) I-129Fs expire, and it is a discretion of consulate to extend their validity

2) K-1 holders cannot enter if there is a travel ban. CR-1 typically are excluded from ban

 

So there's that

Edited by OldUser
Filed: Citizen (apr) Country: Ecuador
Timeline
Posted
6 hours ago, fiddyfour said:

Just from what I see that 

K1 

Best case: I save one year so total: 1.5 years

Worst case: I loose 6 months trying K1 then do CR1 so total: 2.5 years + 6 months = 3 years

 

CR1 - total: 2.5 years

In addition to what others have been saying, see the comparison, as compiled by our fine member Crazy Cat:


K-1 
  More expensive than CR-1
  Requires Adjustment of Status after marriage (expensive and requires a lot of paperwork)
  Spouse cannot leave the US until she/he receives approved Advance Parole (up to 9 months)
  Spouse cannot work until she/he receives EAD (up to 9 months)
  Some people have had problems with driver licenses, Social Security cards, leases, and bank accounts 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 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

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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