JV7587

I mean different people have different circumstances..... I get the CR1 has big advantages, especially during the pandemic, but the amount of K1 bashing I see on this site can be discouraging 

The burden of proof is on the petitioner. I don't understand that I guess. It's a Govt process.  I have a TS DoD clearance. All I did was submit the required form. The Govt did the rest. 
 
Maybe if USCIS was more clear and specific on what they wanted, people wouldn't send in hundreds of pages. 
 
People are afraid of a denial because they aren't exactly sure what USCIS is looking for so they send whatever they think will prove their case. 
 
 

From one Aussie to another ... yep.. it’s a whole different world here .. it will have you pulling your hair out and longing for that beautiful little green Medicare card, BUPA and HiCaps. Dream on.  PM me any time ! 

It’s a perfectly valid question to ask in a region where being found out to be gay can have severe consequences. 

I feel that everyone is being way too harsh on you in this thread. It seems like everyone is too busy ripping on you about what you should or should not have done to actually answer your question. Whats done is done and the fact that you managed to get everything planed so well in those 90 days to begin with is impressive despite the risks. No one could have predicted a pandemic and no one should blame you for it too.
 
So to answer your question in the most polite way possible, there no recourse given the situation. Immigration only cares that you are getting married within the 90 days of entry. Luckly though, they dont have to enter right away. I think it's 6 months from the visa being issued that they have to enter the US plus another 90 days to to submit for AOS. That is after you already have to wait for a new interview. Considering that most of the wedding was planned to begine with its possible to be able to reschedule everything at a more predictable date after the visa is issued.
 
Be aware though, the longer your fiancee takes to enter the country, the more likely immigration may ask you about it during your followup interview. Personally, I would have a courthouse wedding asap to lock things in since luck doesn't seem to be on our side. That gives you guys more time to plan the wedding ceremony better. If a courthouse wedding doesnt seem to float your boat, you could try to have an elopement style wedding with just the 2 of you and a witness. Me and my fiencee were thinking of doing that on this beautiful mountain side north of us, then having a actual ceremony for our 1 year.

Although the downsides of a K-1 vs a CR-1 are very clear, I wish people would stop claiming a CR-1 only takes 2 or 3 months longer to get to the US. That was maybe true during the extreme slow K-1 processing period from mid-2017 to mid-2018, but that's not true now.
 
At least according to current VJ averages, that's not remotely true; it's a lot closer to nine or ten months longer (and that's assuming you could get married tomorrow).

Not wanting to sound harsh, but if the sisters wedding and your families Florida trip have priority, then you two made decisions but had options. I understand that long distance is hard (I'm in the same situation, as are most of us here), but we all sacrifice one way or the other.
I am sacrificing all family visits and trips to other places, to spend all my time with my husband. Why? Because the long distance situation is temporary and once we're together there will be room again for visiting other people
 
Have you thought of delaying the interview so he can come visit as a tourist?
 
Keep your head up - the long stretch is behind you, summer is almost here
 

Really? I actually prefer LAX to be honest.. other than busy, the staff are usually pretty good... I’ve never been grilled going via there.. usually just one or two questions and have a nice day.. 

You're over thinking this whole process. Getting a K-1 visa is one of the easiest visa's to get especially for the UK. The most difficult part for many is the waiting game for the NOA2 approval which can take 4-6 months on average. Stop trying to game the system as there is no advantage. If this is what you want, a K-1 visa, then just sit down and start the process. I'm wishing you luck.

Some further reading:
https://constitutioncenter.org/blog/constitution-check-are-the-insular-cases-still-binding-after-a-century/ https://blog.harvardlawreview.org/why-the-insular-cases-must-become-the-next-plessy/ Fitisemanu v. United States is a pending case in the United States District Court for the District of Utah: http://www.equalrightsnow.org/fitisemanu

That is the spousal visa for LPRs and US Nationals.  It is currently the only option unless you become a citizen.

Yup, if citizenship is an option, that would change everything.

I'd defer to the I-130 instructions: https://www.uscis.gov/sites/default/files/files/form/i-130instr.pdf
This would preclude being an eligible K-1 petitioner.
 
Edit: The above screenshot is a general guideline. But it does not apply to American Samoa for INA purposes. See:
https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1408&num=0&edition=prelim.
https://preview.uscis.gov/policy-manual/volume-12-part-a-chapter-2
 
They can qualify for citizenship if they otherwise meet the requirements for naturalization, though.

My understanding is that a US National has the same immigration rights as an LPR. So a fiancé of a US national cannot apply for a fiancé visa (K1) but a spouse of a US National can apply for a spouse of an LPR visa   Current processing time around 2 years.