K1 vs IR-1 / CR-1 - Advise Needed

[a+j 77]

Currently the IR1/CR1 can take >1year to be granted, while K1s seem to proceed much faster (~6 months). The trend can change any time though. http://www.visajourney.com/content/compare is a great resource to make an informed decision. Good luck with your choice.

[slowlyman 118]

Someone please correct me if I'm wrong. But entering on a B-2 with intent to marry would be a bit iffy would it not? But that being said, if she does enter on a B-2, spontaneously decides to get married. Can't she just file for adjustment and stay?

[Ivy. 113]

Someone please correct me if I'm wrong. But entering on a B-2 with intent to marry would be a bit iffy would it not? But that being said, if she does enter on a B-2, spontaneously decides to get married. Can't she just file for adjustment and stay?

You are wrong.

There is no problem if she enters on a B-2 with intent to marry. She just has to have the intent to leave when her I-90 expires. She is not allowed to enter with intent to stay, but she can get married. Hawaii and Las Vegas are very popular wedding destinations for many people with tourist visas.

She could even start her process while in the US, that is no problem either. Then, she has to go home and finish the process normally (though she can visit again, of course).

Since the OP and his SO are already talking about marriage, there is no chance of her entering on B-2, spontaneously getting married and adjusting. All spontaneity is out of the window now. If she and her son were to do that, it would be visa fraud.

[slowlyman 118]

Ok, Gottcha. It's the "intent to stay" that would be the problem. Getting married is fine.

And the beneficiary of a CR-1 Can continue entering on a B-2 while the CR-1 is pending.

Edited March 24, 2014 by slowlyman

[cknedman 0]

Hi, I am the beneficiary

I wish to bring my 12 year old son along with me. I am bit confused on how we should go about it as I read somewhere in this forum that no application is required since his name is listed in the i-130 but I also read that he needs the K4 visa. Do we have to send in his application with all the required documents required (eg birth cert, passport, etc) together with my application?

Any advice is greatly appreciated.

[milimelo 4,479]

Hi, I am the beneficiary

I wish to bring my 12 year old son along with me. I am bit confused on how we should go about it as I read somewhere in this forum that no application is required since his name is listed in the i-130 but I also read that he needs the K4 visa. Do we have to send in his application with all the required documents required (eg birth cert, passport, etc) together with my application?

Any advice is greatly appreciated.

If you're doing the fiance visa, just list the child on the form.

If you're doing the spouse visa, each beneficiary will need a separate I-130. Forget about K3/K4 - those don't get issued these days in more than 99.99% cases.

[AJ6 0]

Currently the IR1/CR1 can take >1year to be granted, while K1s seem to proceed much faster (~6 months). The trend can change any time though. http://www.visajourney.com/content/compare is a great resource to make an informed decision. Good luck with your choice.

Thank you a+j.

[AJ6 0]

If you're doing the fiance visa, just list the child on the form.

If you're doing the spouse visa, each beneficiary will need a separate I-130. Forget about K3/K4 - those don't get issued these days in more than 99.99% cases.

Hi Milimelo, In follow up to your answer. The I-130 for her child, is it sent in with the initial spousal application or does it follow her application at some future point in the process?

[milimelo 4,479]

Hi Milimelo, In follow up to your answer. The I-130 for her child, is it sent in with the initial spousal application or does it follow her application at some future point in the process?

You send both applications at the same time.

[cknedman 0]

You send both applications at the same time.

Thank you Milimelo