K1 Visa (Fiance Visa) or CR1 (Spousal Visa)

[ghanalove1 1]

So, I want to marry my FI he is in Ghana. Our story may be a situation may be a little complicated. I was once married for 6.5 years previously to a man from Ghana. I meet him while he was here in Ghana he had over stayed his visa. We married (never had children) and he is now a citizen. We are divorced. I then found out that he had other children in Ghana by a woman that is now his wife and he has since brought them over here. As luck would have it I have met a man from Ghana through a friend and we want to get married.

I would like to find out from other people's experiences what is the best option for us in this situation? We want to get married ASAP but some of what I am reading it says that a CR1 (Spousal visa) takes a very long time. I would like to get married with my mom and family present here in the U.S. but I don't know how long a FI visa takes?

We do want to get married in the next year 2012. What would be best for us and our needs? And knowing about my past situation and that it may cause suspicion or delays?

Thanks!

[patient2010 93]

Glad to see you guys moving forward good luck

[Zee Bee 61]

If I were you I would take a careful look at the timelines from Ghana and see how long it is taking. The spousal visa is taking longer than the fiance visa (the last time I checked). Also, it looks like many people from Ghana are having to go back for a second interview. Others who have been through the process more recently can give you more accurate estimates.

Good luck.

[MensahLuv 4]

K1 Visa may be the fastest route to go. That is the fiance visa. It took us 8 months to get interview. Submitted June 2010 and was approved Jan 2011, Receive Visa Febrary and he moved to US in March 2011. Was approved on the first try. My case was 1 of the easier ones. Some people wait about 1 year with the K1. Whether you have to have a second interview is determine on individual basis so I really cant help you there. After fiance arrives in the states you 2 will have 90 days to get married then you will file for Adjustment of status so he can get permanent residence (greencard), which initially will be a 2 year conditional greencare. Then you can later apply for a 10 year greencard. The CR1 can take 2 years or more. With the CR1 you have to be married so that may not be the route if you want your family in the US to be a part of your wedding.

[ghanalove1 1]

K1 Visa may be the fastest route to go. That is the fiance visa. It took us 8 months to get interview. Submitted June 2010 and was approved Jan 2011, Receive Visa Febrary and he moved to US in March 2011. Was approved on the first try. My case was 1 of the easier ones. Some people wait about 1 year with the K1. Whether you have to have a second interview is determine on individual basis so I really cant help you there. After fiance arrives in the states you 2 will have 90 days to get married then you will file for Adjustment of status so he can get permanent residence (greencard), which initially will be a 2 year conditional greencare. Then you can later apply for a 10 year greencard. The CR1 can take 2 years or more. With the CR1 you have to be married so that may not be the route if you want your family in the US to be a part of your wedding.

2 Years? Wow! That is a long time! Do you know why it takes so much longer when you are already married?

[ghanalove1 1]

K1 Visa may be the fastest route to go. That is the fiance visa. It took us 8 months to get interview. Submitted June 2010 and was approved Jan 2011, Receive Visa Febrary and he moved to US in March 2011. Was approved on the first try. My case was 1 of the easier ones. Some people wait about 1 year with the K1. Whether you have to have a second interview is determine on individual basis so I really cant help you there. After fiance arrives in the states you 2 will have 90 days to get married then you will file for Adjustment of status so he can get permanent residence (greencard), which initially will be a 2 year conditional greencare. Then you can later apply for a 10 year greencard. The CR1 can take 2 years or more. With the CR1 you have to be married so that may not be the route if you want your family in the US to be a part of your wedding.

8 months from start to finish? That is a pretty good time line. Do you think if I file in January/February he would be here before the year ends in 2012?

[MensahLuv 4]

I really dont know why the CR1 takes longer. I am just thinking maybe because when you come with the CR1 you come with almost all your benefits. Once your husband arrive on CR1 he will receive his greencard. However if you have been married for less than 2 years he will get a 2 year GC instead of the 10 year. Not sure how much fees you pay with CR1 but the K1 you will pay about 1100 to adjust status(AOS) once in the states (CR1 does not have to AOS), he will not be able to work for about 5 months maybe less depending on the case loads with USCIS, and then he will get greencard not long after. I think ours took a little longer than some others I have seen on VJ but we were still in the average timeframe. We sent AOS paprework last week in May 2011, got receipt letter in June 2011, Went for fingerprints in July 2011, got EAD Card (Work Permit) in August 2011 and we just got our approval in Nov for GC. Now there are other fees you pay when you submit

I-129 for K1 which was 455 when we applied over a year ago, then you have to pay for medicals whick was like 300 and other little fees for mailing papers back and forth.

I still say K1 is much faster. Majority with CR1 has been waitng way over a year to get approve. People who applied for CR1 way before me are still waiting or just getting interviews. Some having to got back for second interviews. If time is the essence then I say K1! LOL! Keep in mind all the pros/cons I mention above. To me him not having all the benefits on entry out weighed being seperated for a long time. My husband has been here less than a year (8 months) and he now have all his papers to live and work legally. Now, like I mention before, everyone case is individual. It all depend on U 2 situation. No major red flags. You say you are divorce so just make sure you have your divorce papers, You having the required income to support your family, You both having clean backgrounds, No major age difference etc. No matter which route you decide it will take alot of patience because you will drive yourself nuts and cause uncessary stress! Relax! Whether its 2012 or 2013 you still have many years to be together. How long have you 2 dated? How many times have you been to Ghana? You mention you marriad a ghanaian before, did you file for him? That can be another thing USCIS looks at that could possible make them look deeper into your case. Good Luck.

[amanorni 2]

All the best, K1 is the fastest... my case it was not which one was the fastest but rather what was convenient at that moment, so went the CR1 route.. is taking a longer time though but hey, we are believin in God for a miracle, he knows best

[keyshawn18 52]

Folks, wouldn't it be easier/better if she did a spousal visa instead of a K1 being that she has been married before and filed under a spouse visa? or does it make a difference?Would USCISfind it a little strange if after she filed a spouse visa, she goes back to file a K-1? And would there be any red flags that she is filing twice or will they look at each case on its own merit? thanks.

[MensahLuv 4]

I dont think it matters whether k1 or cr1,USCIS will equally look at her past marriage status. As long as she has the proof to show she is now divorce then she should be okay. Both cases will go before the USCIS and the U.S Embassy in Ghana. With her last marriage she said she was married for apx 6 years so I dont see anything suspicious in that marriage. The only thing I see causing them to be more critical is if she went and married on the first visit or if the marriages was too close together which it does not seem.

[ghanalove1 1]

Hello MensahLuv,

My Fiance and I have been talking, emailing, dating for almost 3 years. Been to Ghana once and going again. I was married before to a man that I met here in the U.S. he was from Ghana. He was already here. He had overstayed his Visa when I married him and I filed for him. He is now a U.S. citizen. This was a real marriage. At least based on my part. We have been divorced since 2008. I later found out he had children in Ghana that I never knew about and he filed for them and the mother of the children his now wife after he was a citizen. He denies this but that is neither here nor there. I am just concerned that it will look suspicious (hope not) and I don't even know if that part will be brought up. My mother would have to be a co-sponsor with me.

So based on that what do you think? I am still thinking spousal visa? But I don't understand how the adjustments works when they are spousal or fiance visas?

Thanks!

[MensahLuv 4]

I think you should go for it. You will save aprx- 1100 since you will not have to AOS and like I mention before he will have all his benefits. Only issue is you will be less than 2 years married. See link:http://www.visajourney.com/wiki/index.php/IR1_and_CR1_Immigrant_Visas

There are people on here who has been married then divorce and get approvals. I am now hearing the spousal visa Cr1 is moving along alot faster than before. so if you dont mind not having your family present then go for it. You can always do another ceremony of a renewal of vows for your family and friends. We are later planning on a bigger anniversary party. We did not do a wedding. Just went to the court and made it legal. We then went on a dinner cruise and went away for a few days. Kept it sweet and simple and save alot of money.

The Adjustment odf status is just another step you have to go through. It basically the same steps you had to take with your first husband except he was already here and did not have to go the cr1 or k1 route. You have to submit application, pay more money, submit evidence of marriage and relationship. It like doing the K1 or CR1 all over again. Sigh They really make money off the immigration process. You then wait for appointment for to get fingerprints and pictures, then appointment for some to be interviewed and submit more proof. Luckily we got to skip the interview. Im thinking because our case got trasferred to CA from our local office we did not get interview. They approved based on out application and proof along. We did not even send pictures because it is not required to submit. Your case is yours so it may not go like some others. You will have to marry. Are you 2 planning or getting married on your next visit. The visits will help prove your case as well.

[ghanalove1 1]

Yes! Mensah Planning on getting married on visit in February 2012 . I'm so excited and nervous about this journey! But I know that it will all be worth it. Thanks for the advice!

[MensahLuv 4]

CONGRATS AND GOOD LUCK!