Crazy Cat

**Similar topics merged***

I think OP reached their posting limit yesterday. Hopefully, they will return today.

Am I misunderstanding? She filed an I-485 before the I-130 PD was current?

My understanding is that they have not met in person.

No, they are not, imo.

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

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

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.

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.

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

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.

***Similar topics by OP merged***

Extended AP is extremely common for Pakistani cases....extremely common.

***Related threads merged*** Did you read this part of the email? NVC might just leave the case where it is, but you can request a move.

***Moved to the Adjustment of Status forum area***

https://www.nolo.com/legal-encyclopedia/timing-issues-when-k-2-child-fiance-visa-holder-will-turn-21-before-adjusting-status.html Under the B.I.A.'s 2011 decision in Matter of Le, K-2 visa holders can apply for adjustment of status after turning 21 on the condition that their last admission to the United States was before their 21st birthday.

***As this thread is almost 6 years old, it is unlikely to generate additional responses. It is now locked. Please ask any questions as new topics***

Visa availability cannot be expedited.

I would not do the SB-1 if they have not maintained ties to the US. I would probably get on a plane and plead my case, if required, at the US border. Others might disagree.

***Moved to working and traveling during US immigration***

You might be thinking about the requirement (which still exists) that an immigrant spouse receives a 10 year Green Card (versus a 2 year one) if married for 2 years or more when entering the US via a spousal visa.

As I understand it (please correct me if I am wrong), the OP can go the K-2 "follow to join" route, but the K-2 DS-160 would have to be submitted within a year of the K-1 visa being issued....After a year, the OP would have to go the consular processing route with an I-130. (Disclaimer: The K-2 would have to meet the other requirements as a K-2)

No. There are no derivatives for immediate relatives of US citizens.

****As this topic is more than a year old, it is now closed for further comments. ***

I think it would be a waste of time and the fee.