New to Process - USC marrying Iranian

[Lauren and Babak 0]

Hi all,

I'm Lauren and I found out about this message board from my cousin who did a lot of research here while going through the K-1 process. I'm very interested in hearing from other couples who have successfully completed this journey. My fiance and I are currently at the crazed, research overloaded, trying to narrow down the options stage. We are both living outside of our respective countries (in France) at this time for university. We are at a point where we could take several different paths, so I guess we are trying to get some advice on what would be the less painful in terms of time separated but

Here's our situation: I am an American citizen and MBA student from the US who is completing an internship with a French company in France. He is an Iranian citizen and Masters student at a French university. We have been together since January 2012 and got engaged in November 2012. We both have "cartes de sejour" here in France and have the right to stay for academic purposes until July 2013. However, we both also have the option to return to our countries in January 2013. Since we have legal status here in France, we have the option to marry if we wish. If we are going to be apart for more then a few months, we prefer to marry before leaving France.

From a lot of research, it looks like the K-1 visa requires a lot more paperwork after the foreign partner enters the US. We are sure about our decision to marry, so we feel like it might be better to get married and then return to our respective countries while the paperwork processes. I need to return to the US no later than July 2013 for my studies, and I've been told that it's probably not enough time to process a visa here in France and so it's safer to process it through the US after I return. Any ideas on this? We don't want to invest several months in processing only to restart the process if I have to return to the US before it's finished!

Also, he is 28 and an electrical engineer. Like most males in Iran, he completed his 17 months of compulsory military service after finishing his undergrad degree. Is this going to pose a major hurdle?

Thank you in advance for any advice you can offer. We are very grateful!

Take care,

Lauren

[Rezahoss 11]

My advice: Don't do IR-1/CR-1 (i.e. I-130). I did that and I regret it everyday since 9/24/2012 (the day my NOA1 became 5 month old).

K1 is much faster process and the paper work you worry about can be done in the US as opposed to being apart for unto 1 year (or more).

[The Mean Lady 604]

My advice: Don't do IR-1/CR-1 (i.e. I-130). I did that and I regret it everyday since 9/24/2012 (the day my NOA1 became 5 month old).

K1 is much faster process and the paper work you worry about can be done in the US as opposed to being apart for unto 1 year (or more).

Don't say that. The problem is not the visa type, the problem is your service center.

There are others with I-130 approvals after filing in August.

At this point, either the K1 or I-130 are pretty on par to each other from what I've seen.

I don't understand why people look at these as which is faster.

It just depends on where you're at in your life when you decide to immigrate.

If you're starting right now, just having gotten engaged, and you've decided you want to immigrate, then a K1 visa is great because you'll use the wait time for the next 6 7 8 9 months or whatever it turns out to be to plan your wedding then eventually come over on the K1, get married, and do your adjustment of status or whatever it is that fiances do (I am already married).

However, if you want to get married next month, then you can't do the K1 visa.

You'll have to wait until you're married and do the IR1/CR1 visa instead.

Where you get married is not really significant, aside from having the ABILITY to marry.

Since you're both in France, sure it would be a good idea to get married in france because then you'll know you CAN get married. A lot of people face the uncertainty of entering the US to marry their fiance (even when they're going to leave afterwards) because it looks like an intention to immigrate. I had this same issue and almost canceled my wedding.

Given the statistics I've seen from people in Iran, I believe you'll have a long wait either way, just FYI.

[Cathi 5,755]

My advice: Don't do IR-1/CR-1 (i.e. I-130). I did that and I regret it everyday since 9/24/2012 (the day my NOA1 became 5 month old).

K1 is much faster process and the paper work you worry about can be done in the US as opposed to being apart for unto 1 year (or more).

this is not true, you are not apart for a year or more. My husband got his visa in 10 months start to finish and that included 10 weeks of AP. Also, the cr1 is by far less expensive and less of a hassle once in the US. Your husband would have a green card and legal status immediately upon entering the US on a cr1, whereas with an k-1 he will have to wait many months until after AOS, he will not be able to work or drive or basically do anything. My husband has been here 6 weeks, he can work, and already has a driver's license, that is not possible with a k-1.

[Rezahoss 11]

Don't say that. The problem is not the visa type, the problem is your service center.

I agree! I just spoke from my own perspective which is limited. Thanks for correcting it.

[Lauren and Babak 0]

Thanks for the information! Two questions immediately come to mind...

What have couples typically experienced in terms of wait times when one partner is coming from Iran?

Have most of you used immigration attorneys? Does that help expedite the process, or at least help it move along more smoothly?

[Rezahoss 11]

Thanks for the information! Two questions immediately come to mind...

What have couples typically experienced in terms of wait times when one partner is coming from Iran?

Have most of you used immigration attorneys? Does that help expedite the process, or at least help it move along more smoothly?

I can only speak of my own experience. I am a US Citizen (Iranian born) and my wife is Iranian. Whereas most people who have filed around the time we did have received their NOA2, we are still awaiting ours. I think it might have something to do with either I, my wife, or both are Iranian born. I hope you won't experience the same problem but it's good to have realistic expectations.

As for lawyers: Sometimes I wish I had hired one, but for a simple case like ours I did not deem it necessary. Others can chime in if using one can somehow render the process more smooth or not.

[Neash 2]

I think and believe K1 is much more easier and faster! You should have good documents though!

[Ryan H 3,812]

Moving from IR-1/CR-1 Process & Procedures to General Immigration-Related Discussion; OP is asking about information on different visa processes.

**Organizer hat off**

Thanks for the information! Two questions immediately come to mind...

What have couples typically experienced in terms of wait times when one partner is coming from Iran?

Have most of you used immigration attorneys? Does that help expedite the process, or at least help it move along more smoothly?

I'll answer the second question first. Having an attorney does not help expedite the process in any way. VJ is primarily a "do it yourself" type of website, most members have not used an attorney. Some members who have used attorney have said that having one created more problems and caused more delays for their own case that would not have otherwise occurred had they done everything themselves. On the flip side, there are very complicated cases where having an attorney was necessary helpful. With all of that being said, the decision on whether or not to retain an attorney is only a decision you can make. Once you decide on which path you wish to pursue, look through all the forms and instructions, are you comfortable enough completing the necessary paperwork yourself? Is there anything in either of your backgrounds (red flags) that could potentially make this process difficult? Those are just some of many things to consider.

For your first question regarding time frames when the beneficiary is from Iran. Administrative Processing (AP) after an interview has taken place for a beneficiary from Iran is a near certainty. AP can be as long as a few weeks, a few months, many months, or a year (more than a year in some cases).

[Xanax 349]

Moving from IR-1/CR-1 Process & Procedures to General Immigration-Related Discussion; OP is asking about information on different visa processes.

**Organizer hat off**

I'll answer the second question first. Having an attorney does not help expedite the process in any way. VJ is primarily a "do it yourself" type of website, most members have not used an attorney. Some members who have used attorney have said that having one created more problems and caused more delays for their own case that would not have otherwise occurred had they done everything themselves. On the flip side, there are very complicated cases where having an attorney was necessary helpful. With all of that being said, the decision on whether or not to retain an attorney is only a decision you can make. Once you decide on which path you wish to pursue, look through all the forms and instructions, are you comfortable enough completing the necessary paperwork yourself? Is there anything in either of your backgrounds (red flags) that could potentially make this process difficult? Those are just some of many things to consider.

For your first question regarding time frames when the beneficiary is from Iran. Administrative Processing (AP) after an interview has taken place for a beneficiary from Iran is a near certainty. AP can be as long as a few weeks, a few months, many months, or a year (more than a year in some cases).

^^^ I agree with this

[ROTTYDOG0001 0]

I can only speak of my own experience. I am a US Citizen (Iranian born) and my wife is Iranian. Whereas most people who have filed around the time we did have received their NOA2, we are still awaiting ours. I think it might have something to do with either I, my wife, or both are Iranian born. I hope you won't experience the same problem but it's good to have realistic expectations.

As for lawyers: Sometimes I wish I had hired one, but for a simple case like ours I did not deem it necessary. Others can chime in if using one can somehow render the process more smooth or not.

I CAN ONLY SPEAK FOR MY SELF BUT IT DONT HELP ANY MORE TO HAVE ATT. USCIS RECIEVED OUR I130 ON FEB 6 2012 IT IS NOW NOV 26 AND STILL NOTHING .THEY KEEP SAYING WAITING FOR NAME CK ...FBI SO WE WAIT AND WAIT

[Rezahoss 11]

I CAN ONLY SPEAK FOR MY SELF BUT IT DONT HELP ANY MORE TO HAVE ATT. USCIS RECIEVED OUR I130 ON FEB 6 2012 IT IS NOW NOV 26 AND STILL NOTHING .THEY KEEP SAYING WAITING FOR NAME CK ...FBI SO WE WAIT AND WAIT

When did they tell you about the name check? They never told me that, even when I explicitly asked them whether they were doing name check on me! Did you contact your senator?

[ROTTYDOG0001 0]

Thanks for the information! Two questions immediately come to mind...

What have couples typically experienced in terms of wait times when one partner is coming from Iran?

Have most of you used immigration attorneys? Does that help expedite the process, or at least help it move along more smoothly?

[ROTTYDOG0001 0]

IF U CALL THEM AND THE TIME IS OVER 5 MONTH TIME U ASK FOR A WRITIN REASON FOR THE DELAY AND WITH IN 2 WEEKS U GET A REPLY BY MAIL .TO U THIS IS HOW I FOUND OUT CALLING AND ASKING DONT DO A THING . AND TO BE HONEST VT IS SLOW ON EVERY THING .YES I HAVE GOTA SENATOR INVOLVED AS OF LAST WEEK.SO WE WILL SEE I DID HAVE A CONGRESSMAN BUT HIS STAFF WAS NO HELP,THEY DID AS MUCH AS I COULD ...LOL I WAS TOLD A FBI CK WAS TO BE DONE IN 5 MONTHS ...LOL AS OF SEPT 17 THEY SAY NOT RECEVED FROM FBI AND CASE IS DORMENT TO CALL IF I DONT HEAR IN 6 MONTHS OMG . SO I CALL OFTEN TO THEM .I SEE THIS TO BE A LONG WAIT .I DO BELIVE IT DONT HELP THATS HES FROM IRAN.WHAT I FIND STUPID HIS FRIEND APPLIED FOR A STUDENT VISA AND GOT IT IN 3 MONTHS

[Rezahoss 11]

IF U CALL THEM AND THE TIME IS OVER 5 MONTH TIME U ASK FOR A WRITIN REASON FOR THE DELAY AND WITH IN 2 WEEKS U GET A REPLY BY MAIL .TO U THIS IS HOW I FOUND OUT CALLING AND ASKING DONT DO A THING . AND TO BE HONEST VT IS SLOW ON EVERY THING .YES I HAVE GOTA SENATOR INVOLVED AS OF LAST WEEK.SO WE WILL SEE I DID HAVE A CONGRESSMAN BUT HIS STAFF WAS NO HELP,THEY DID AS MUCH AS I COULD ...LOL I WAS TOLD A FBI CK WAS TO BE DONE IN 5 MONTHS ...LOL AS OF SEPT 17 THEY SAY NOT RECEVED FROM FBI AND CASE IS DORMENT TO CALL IF I DONT HEAR IN 6 MONTHS OMG . SO I CALL OFTEN TO THEM .I SEE THIS TO BE A LONG WAIT .I DO BELIVE IT DONT HELP THATS HES FROM IRAN.WHAT I FIND STUPID HIS FRIEND APPLIED FOR A STUDENT VISA AND GOT IT IN 3 MONTHS

Yes! It's completely random! I know a couple from Iran, and she got here through K1 visa in 5 months!!!

I have contacted both my congressman and senator. Senator Kerry's office called me yesterday and said that my case is with an officer and I should hear something in 60 days (something that I already knew myself!) I am waiting to hear from my congressman's office. But from what I have gathered from this site, they can not be of much help!

I also did a service request and in their response, they told me to wait 6 months!!! I think that is a typical time-frame that they throw around! Hopefully it won't take that long!

Edited November 29, 2012 by Rezahoss