abandon K-1 and start spouse visa?

[mallafri76 1,012]

The spousal visa is no picnic. My husband and I have been at it for 14 months and counting, having had to fight our way through an eight month long process with NVC, involving both our Senator and the Secretary of State in the process to get our case completed. Just the fact that you don't have to deal with NVC on a K-1 visa is enough reason to stick to the K-1.

If you get married in Mexico and chose the CR-1 visa, you're looking at about a year's process, give or take a few months. Then once your husband enters the US, you have to remove conditions before his first two years are up. So from the time you file your CR-1 petition till your husband is a permanent resident, count three years. Or five years till he's a USC.

There's the same amount of paperwork on the CR-1, we just do all our documents before we're allowed to move to the US whereas on the K-1 you do parts of it before and parts of it after you're married.

Have you gotten any RFEs or how come your case is more than seven months at USCIS? If no RFEs, I'd contact my Senator if I were you and have them make a request with USCIS to see what's going on with your case. It helped us get past NVC.

[Lowlie 191]

When people tell you the CR1 process takes a year, they only mean "IF all goes perfectly".....many people become bogged down in the CR1 process and wait well beyond a year, sometimes the CR1 process ends up taking years. If you take a look at the time lines of many CR1 VJ members who have been approved, you may be surprised how many of them went FAR past 365 days. Personally I can't see how abandoning the K1 at this late date, and starting over from scratch can benefit you at all. If it's truck loads of paperwork in the future that you're wanting to avoid, let me tell you...the paperwork ahead of you in the CR1 process is going to make you DiZzY!

[DJ Shane 0]

From what I have read the Spousal visa takes just as long to come through so where you are in the process now may be a better move.

I am from South Africa & have considered the spousal visa instead of the K1 visa process although I found that much of the process is same with the same forms & interviews. As such the process would take even longer since you have to be married, then have your documents transcribed by an attorney in the USA then validated (provided it is all in English - otherwise it must also first be translated to english).

Only once all this is done does the process start with the NOA2 and then the same forms all the way through to the N400 at the end.

If I were you I would keep the process going, hang in there and get it done once and for all.

I have just received my NOA2 39 days ago & I understand how frustrating it is being away from your loved one. Hang in there! You can make it!!!

[Amhara 460]

Have you gotten any RFEs or how come your case is more than seven months at USCIS? If no RFEs, I'd contact my Senator if I were you and have them make a request with USCIS to see what's going on with your case. It helped us get past NVC.

I have just received my NOA2 39 days ago & I understand how frustrating it is being away from your loved one. Hang in there! You can make it!!!

Jess hasn't been dealt an even deck. They applied the same time I did, but since mine was CSC, my next step is POE, while Jess is NOA2. It's terribly frustrating and many TSC people have contacted their Congressional representatives for assistance. Some feel that has helped, but sadly, not all have had this result.

The thing is, TSC is doing sporadic approvals, but they are hit and miss. Some people from the beginning of March are still waiting while others who filed at the end of the month are getting their NOA2s. Jess has been waiting 7 months and 21 days. Next week will be the 8 month mark. It doesn't make any sense why TSC can't touch a case until after it's been there for 7 - 10 months, but at this point, Jess, everyone is right.

It would be one thing if you decided to withdrawal the petition in April, when all cases started getting routed to CSC. But the withdrawal time can be excruciatingly long. I think taking the chance on this petition going through was the right move, but giving up now is not beneficial. You could be done with the process. Even if it does take another 2 more months, waiting for the I-129F approval is still faster than going for spousal visa. NVC takes so long for spousal visas and you may be waiting for 6+ months at the NVC stage, even if you get the NOA2 in a matter of days through the CSC.

It sucks man. It totally sucks. But if you are able to travel down to Mexico for a marriage, then enjoy the fact that you can visit with your fiance and just visit. Don't cut your toes now when you are at the end of the race!

[Pennycat 880]

You're definately closer to being together now with the K1 than you would be starting CR1 now. Yes, the NOA2s come in quickly BUT, please look at the VJ timelines Step 3 in link here: http://www.visajourney.com/content/ir1cr1historical atthe NVC processing. K1s spend a week *maybe* two at NVC whereas all CR1s will spend around that amount of time at NVC. AND if you look at the times to NOA2s--- Step 2... same story as K1s. Some service centers are fast and some aren't.

Plus, he'd still immigrate with a 2-year green card. You'd still need to apply and maybe interview to "remove conditions" for the permanent green card later on. The only spouses who immigrate with this permanent green card are those who have been married for 2 or more years. That's the "IR1". CR1 is for folks who have been married less than 2 years.

I am so so sorry that this is dragging out like this. It is unreal. Just know that at this point in time, you really are significantly closer to him moving to be with you than you would be if you started at square one.

[Ebunoluwa 6,136]

what would happen if we abandoned the K-1, got married in Mexico and then applied for a spouse visa? I ask this because after waiting almost a year we still have many, many steps after the fiance visa is granted......We are looking at maybe 3 more years of this kind of involvement with government red tape and forms and fees, and rules and restrictions on travel etc. I'm not sure I can take 3 more years of this.

If I had known we were going to wait this long I would have gone with the spouse visa.

any ideas?

You are utterly confused about the visa process and what happens after and need to do some basic research to compare the K1 with the CR1.

In a nut shell, it would be insanity to throw out the K1 so close to the goal to be together and file a CR1.

Compare here but forget the K3, it is no longer a viable path to a visa and will be administratively closed at NVC.

http://www.visajourney.com/content/compare >>>>>> it is all there for you to study.