Should we apply for K1, or get married and file an I130. Advice needed ASAP

[Lismeiry-Nadir 0]

Hi everyone. I've been looking at peoples cases for a few months but have not seen any case quite like mine, so I decided to finally make an account. I am a Moroccan man have 20 years, engaged to an American woman. She is currently going through a divorce with a Moroccan, which I believe makes our case a little difficult. I am also 5 years younger than her. We are having a hard time deciding how to better proceed after her divorce is finalized. We want to live together as soon as possible, but we want to be sure to make the right decision on whether to apply for the k1 visa, or get married and file an I-130. I am fully aware the divorce has to be finalized first before moving forward with anything. Your input would be greatly appreciated. Thank you so much for your time.

[Pitaya 2,577]

~Moved from K1 Process to What Visa Do I Need Forum~

~Inquiry about family visas~

[Kastrs 723]

Kind of a personal decision on what works best for you. If what is most important is to be together ASAP, then I would likely go the K1 route which is almost always faster. If what you want is convenience, from the standpoint that you will be able to work right away and not have to file for AoS (which is expensive and makes the K1 process more expensive overall) then go for the CR1. Regardless of what you decide, it would be good for her to make a couple of visits prior to your interview.

[Lismeiry-Nadir 0]

Hi and thank you so much for your response. Aside from trying to choose the faster route, we want to choose whatever is more likely to be approved since it is a bit of a complex case. Also she has visited me once and plan on meeting again soon.

[Kastrs 723]

The main thing is face time together, that will help with your case

Also, if she is able I would definitely recommend that she attend your interview

I would be inclined to say that a CR1 is more of a sure thing-but this is pure speculation only based on my feelings

The good thing about the CR1 is they are required to accept cosponsors (although I am fairly sure Morocco accepts them in K1 cases anyway), and should you run into difficulties, the petition for a CR1 will not expire as long as you keep in contact with the NVC/Embassy/USCIS (wherever your petition happens to be) whereas if a K1 petition is returned to USCIS after the interview, then it is sent into a black hole where it will expire and you would need to start the process again

So in summary, I would have little concern about which is more likely to be approved K1 or CR1 and pick the option that works better for you

Best of luck brother

[Adil & Jeanne 296]

She can go to Morocco and emotionally support you but she will not be allowed in the embassy during the process

Several of us have tried / they do not even talk to the American

now, the most important question is

"Did she bring the other Moroccan to the US?" And how long were they married? As it will appear she may be doing this to help moroccans get visa.

I am not judging you just trying to say problems you will have with immigration.

If she did, be prepared for an extended process no matter how you proceeed

IF no, then forget the K 1 in Morocco and go straight to marriage as most K 1's there are denied

5 years younger is not bad / I am older than my Adil by more and he is here

[Lismeiry-Nadir 0]

Thank you Kastrs! It is a good point you made Jeanne. She did start the CR1 process, but cancelled it due to the fact that she found some things that proved he was being unfaithful and dishonest, turns out he was just in it for the visa. They were separated 4 months after marriage. We realize that this is where this case becomes more complicated. We are aware that the k1 process may not be the best bet because of this. We just want to make sure we choose the process that is more likely to get approved. Thank you.

[LionessDeon 2,060]

How long ago did she cancel the previous CR1? How long have you been in a relationship with her?

[Lismeiry-Nadir 0]

The letter to cancel the petition was sent in July, but USCIS never responded. We have 9 months together.

[LionessDeon 2,060]

She should be sure that case is indeed cancelled first.

[flfreddy 92]

You need divorce decree to start anything new whether K1 or CR1. Else, it will mess up everything and delay.

[MoroccanEscape 31]

Hello,

While our story is a little different from yours, as I was going through a divorce from my American ex-husband at the time my husband and I met, I do have a little bit of advice.

When we got married in Morocco, one of the things the judge asked me was if I had been married to either a Moroccan or anyone who wasn't an American before. The police investigation we went through, that question was also asked. I also know of someone who was married to a Moroccan, got divorced and met another Moroccan (she was living there) and they decided to do the K1 visa as she was moving back to the US and they wanted to be together as quickly as possible. They were denied. They were told that it was because she had been married to a Moroccan previously and even though they never petitioned for him to come to the US because she stayed in Morocco, they still questioned as to whether their relationship was real. We chose to get married in Morocco and then me come back to the US and petition for him to come here because of these reasons. While I think they have been approving a lot of petitions as of late, you run the risk of them denying it. A CR1 visa is a better bet. Although you can be put through extensive AP processing with either choice. Good luck with whatever you decide.

[Lismeiry-Nadir 0]

Hello,

While our story is a little different from yours, as I was going through a divorce from my American ex-husband at the time my husband and I met, I do have a little bit of advice.

When we got married in Morocco, one of the things the judge asked me was if I had been married to either a Moroccan or anyone who wasn't an American before. The police investigation we went through, that question was also asked. I also know of someone who was married to a Moroccan, got divorced and met another Moroccan (she was living there) and they decided to do the K1 visa as she was moving back to the US and they wanted to be together as quickly as possible. They were denied. They were told that it was because she had been married to a Moroccan previously and even though they never petitioned for him to come to the US because she stayed in Morocco, they still questioned as to whether their relationship was real. We chose to get married in Morocco and then me come back to the US and petition for him to come here because of these reasons. While I think they have been approving a lot of petitions as of late, you run the risk of them denying it. A CR1 visa is a better bet. Although you can be put through extensive AP processing with either choice. Good luck with whatever you decide.

Thank you so much, this information was extremely helpful. You confirmed what we believed would be the best decision for us, to get married first. This was a great example to get an idea of what our process will be like. Although is not the fastest way, we are prepared to endure what may be a long process. Thank you!

[NikLR 13,227]

To be honest your CR1 is your better bet. THis is a higher fraud embassy and K1s seem to frequently get denied. I would make sure you guys have lots of facetime during the process so that come interview, you have a good selection of evidence.

Best of luck to you.

[Lismeiry-Nadir 0]

To be honest your CR1 is your better bet. THis is a higher fraud embassy and K1s seem to frequently get denied. I would make sure you guys have lots of facetime during the process so that come interview, you have a good selection of evidence.

Best of luck to you.

Thank you my brother, your advice was helpful.