CR-1 VS K-1 Need Help

[jkhang5 0]

Hello,

Need some help in regards to the two visas.

Background:

Significant other and I met in May of 2013 for a period of 3 weeks in Vietnam.

I have flown back twice to see her since then: one trip during May - July of 2014 and another during Dec of 2014 - first week of January of 2015 (I just got back )

Within those trips we have numerous photographs, plane ticket receipts of us traveling to HCMC and Hanoi, as well as hotel receipts.

In regards to having evidence of a bona-fide relationship, I believe we have that. I have met her immediate family (mom, dad, siblings), while she has only met my sibling. However she has met my parent's relatives.

We plan to have a dam hoi and wedding ceremony in July. My question is would it still be possible for us to apply for the k-1 visa. I know that with that visa, we will also need to file a affidavit of support. A lot of people include a tax return from the past 3 years. I am currently in pharmacy school and have just recently started working back in September of 2014. Will that even suffice in regards to the requirements? Does the US embassy in HCMC allow for co-sponsorship in regards to the K-1? Lastly, since we have already planned to have a wedding ceremony in July in Vietnam, does that completely eliminate our chances for the k-1 visa.

Also, I have already done the paperwork required marriage certificate in Vietnam, but we have actually held off submitting it due to hearing the k-1 visa could be faster in bringing her to the US.

Please advise.

[NikLR 13,230]

Once married you no longer qualify for the K1 visa.

[jkhang5 0]

It was my understanding that if you don't legally sign for a marriage certificate it would be okay.

The wedding ceremony is primarily for her family, which a vast majority is in Vietnam.

[Calicolom 266]

Wedding ceremony is marriage ceremony, No K-1 visa

[jkhang5 0]

A friend of mine did the k-1 visa. prior to her receiving her visa, they had also done a marriage ceremony and were not denied.

was he just lucky?

[j&ana 363]

It sounds like you are already married, Also I do not believe Vietnam excepts a joint sponsor for k-1 visa,

[NikLR 13,230]

A friend of mine did the k-1 visa. prior to her receiving her visa, they had also done a marriage ceremony and were not denied.

was he just lucky?

Yes they were.

Even the CBP can turn away a K1 visa holder if they feel you're already married.

Don't ever have any sort of wedding before trying for a K1 petition.

[frontgear 194]

@OP: You seem to have more than enough evidence to support your K-1 (or IR-1/CR-1) petition. With regards to your I-134 (or I-864 should you decide to file for IR-1/CR-1 instead), submit copies of your paystub and an employment letter from your employer stating your current salary, length at work, position, and such. Also, check to make sure that what you are making is above the poverty guidelines. If not, the U.S. Consulate in HCMC allows co-sponsor(s) so you will still be fine if you make less.

This is my personal experience. It took us roughly 9 and 1/2 months to get my then-fiancee over here. We filed for our K-1 in December 2013 and she was approved in late Sept 2014. But I think it's all because our case got routed to TSC and they had a long backlog then. Not sure if they still do now because I have not checked lately. That, I believe, added a couple of months, at least, to our delay. Our K-1 petition was approved exactly 6 months after filing, btw.

It takes an avg of 12 to 18 months for a IR-1/CR-1 from submission to interview in Vietnam. But when your fiancee gets here, she'll have a green card right away. We filed for my wife's AOS this past December and it looks like it may take 6 months to a year to get hers. And, since we're in Florida, it means that she will not be able to get her driver's license until she gets her green card. That's just one of the things that we wish we had taken into consideration when filing for our K-1.

If my math is correct, both K1 and IR-1/CR-1 take about the same time (from submission to green card). And, someone please correct me if I am wrong, you pay more when petitioning for K1 ($340 for K-1 plus $1,070 for AOS)

If we had to do it all over again, I would go for IR-1/CR-1.

Edited January 13, 2015 by frontgear