Why should K1 visa applicants get interview date before I-130 applicants!

[Pennycat 880]

Not everyone has a choice of visa paths guys. If you were already married there is not choice. Are you guys really suggesting people already married get divorced to do the K1? ROFL.

Of course not. But it doesn't change the fact that it is simply the order of events here makes it so the K1 is faster. Not that the government is giving preference to fiances. How is it "not fair" that CR1s get something that takes 6 months as part of their visa package, but that the processing of that visa takes 6 longer than the folks who say "no thanks, we'll apply for that "something" later".

Is it "fair" that CR1s don't get that choice*? Maybe not. But what can actually be done? Cancel the K1 program so that *no one* sees their spouse/intended spouse faster than anyone else? Flood NVC with all the would-have-been K1 applicants, making NVC processing take even longer for all?

*Which, ahem, many do. With the smallest bit of research, a couple can choose K1 vs CR1. Or, if married and living together abroad, can time the application so that the visa coincides with projected move date, again with the smallest bit of research

[Transborderwife 4,666]

Perhaps a high speed processing option fr those willing to pay, like there are for work visa's where they get a reply in 10 days?

Nope. Not immigration shouldn't have a fast track for the rich.

[Ash.1101 1,756]

I didn't realize that distance from a spouse was different from distance from a loved one. My first husband was military, I guess I was used to the time apart. Myself and my now husband spent almost 3 years apart before getting married. I know there are people who have chased a K1 visa for several years on VJ alone.

TBQH, now that we've done K1, part of me wishes that we did the spousal visa instead, SOLELY because he would have been able to continue working, where as right now I'm the only one working. Luckily we were able to have savings and such, but over all a spousal visa probably would have been the BEST way to go.

With that being said, time spent apart does suck, but personally for me, it's not -that- big of a deal. I knew we'd be together, I knew we were going to be together when we dated long distance for almost 3 years.

At the end of the day, spousal is the best option, and this is coming from someone who did K1. Yes there is a little bit of extra time, but instead of having to do process after process after process once you're in the states, you come into the states and you're good to go. K1's have to deal with the constant potential that the process isn't going to work out, while already having their spouse here since they got married

Time passes for everyone no matter what. It's just how you handle the time is what really makes the difference.

Edited March 14, 2016 by Ash.1101

[Boiler 45,960]

Nope. Not immigration shouldn't have a fast track for the rich.

There is one, I am talking about expanding its remit.

[Harmonia 211]

There is one, I am talking about expanding its remit.

I've had the same thought before! If you don't need a financial cosponsor, you get a fast track. Hmmmmm....sounds good, would benefit me! Just kidding. Kind of.

[NikLR 13,232]

Of course not. But it doesn't change the fact that it is simply the order of events here makes it so the K1 is faster. Not that the government is giving preference to fiances. How is it "not fair" that CR1s get something that takes 6 months as part of their visa package, but that the processing of that visa takes 6 longer than the folks who say "no thanks, we'll apply for that "something" later".

Is it "fair" that CR1s don't get that choice*? Maybe not. But what can actually be done? Cancel the K1 program so that *no one* sees their spouse/intended spouse faster than anyone else? Flood NVC with all the would-have-been K1 applicants, making NVC processing take even longer for all?

*Which, ahem, many do. With the smallest bit of research, a couple can choose K1 vs CR1. Or, if married and living together abroad, can time the application so that the visa coincides with projected move date, again with the smallest bit of research

I agree that people should research immigration choices and make their decisions intelligently. I chose the process that best reflected our needs as an immigrant and couple.

The rest of your post was irrelevant to mine but maybe someone else enjoyed the read.

[NikLR 13,232]

No.. but common sense should be involved. You are knowingly entering into a relationship with someone from another country. Probably should start to look at different options BEFORE just getting married and then getting stuck with one route that you aren't happy about.

We researched both options before deciding on the K1.

Well people who had no intention on LIVING IN THE USA probably didn't care about which process was faster. That is what I'm referring to.

[yuna628 9,700]

I didn't realize that distance from a spouse was different from distance from a loved one. My first husband was military, I guess I was used to the time apart. Myself and my now husband spent almost 3 years apart before getting married. I know there are people who have chased a K1 visa for several years on VJ alone.

TBQH, now that we've done K1, part of me wishes that we did the spousal visa instead, SOLELY because he would have been able to continue working, where as right now I'm the only one working. Luckily we were able to have savings and such, but over all a spousal visa probably would have been the BEST way to go.

With that being said, time spent apart does suck, but personally for me, it's not -that- big of a deal. I knew we'd be together, I knew we were going to be together when we dated long distance for almost 3 years.

At the end of the day, spousal is the best option, and this is coming from someone who did K1. Yes there is a little bit of extra time, but instead of having to do process after process after process once you're in the states, you come into the states and you're good to go. K1's have to deal with the constant potential that the process isn't going to work out, while already having their spouse here since they got married

Time passes for everyone no matter what. It's just how you handle the time is what really makes the difference.

I think that spousal is the best option for some couples, and not the best option for other couples. And isn't that what makes giving people options for their specific situations great? We had no way of marrying in my husband's home country, or else we would have done that long ago. Could we have married on the VWP, unplanned? Sure I guess so, but you know the CBP is so damn insistent on telling people *not* to do this or else and we wanted a real and proper planned out wedding.. so we chose a K1, while my husband worked hard to save every last penny during the process.

We've had a lot of time to wait for the EAD/AP and license process (while job opportunities have passed him by and family members abroad died), but we haven't minded it because we get a chance to finally spend time together every day after so long apart. The uncertainness of waiting endlessly for the green card is agitating, and knowing we have to keep going through it again in a few years will likely frazzle my last nerve.

That being said you are right. It's all in how you handle the time. It just bothers me that people tend to blame people in the same situation of waiting or worse still question the legitimacy of a relationship, instead of being angry with the overall slowness and performance of a service center. K1s have nothing to do with CR1s, we aren't 'in front of them' in some line or butting into their line... we are handled by completely different process. We are all stuck in this immigration process one way or another. Can't we just be a little more supportive of each other instead of tearing each other down?

Edited March 15, 2016 by yuna628

[k_stacky 65]

I have to say that I agree with the original post. Those who are already married should have faster processing time than those who are engaged, since engagements are typically a year or more. Being married and apart is a lot harder than being engaged and apart. Not saying any are fake because any of them can be. The whole process needs to be revamped for both types.

The only difference between being married and being engaged is a piece of paper. When I finally married my Fiance (now husband) a lot of people asked me, "So is it different now that you're married?", and my answer was always "the only thing that's changed is we both wear rings now". He was my best friend, my love, and my partner when we were dating. He was my best friend, my love, and my partner when we were engaged. And now that we're married he's still my best friend, still my love, and still my partner. Marriage does not determine the validity of love.

[Boiler 45,960]

Most people I have physically met adjusted from tourist or work visas, I get the impression the CR1/K1 etc are unusual overall.

[Harmonia 211]

The only difference between being married and being engaged is a piece of paper. When I finally married my Fiance (now husband) a lot of people asked me, "So is it different now that you're married?", and my answer was always "the only thing that's changed is we both wear rings now". He was my best friend, my love, and my partner when we were dating. He was my best friend, my love, and my partner when we were engaged. And now that we're married he's still my best friend, still my love, and still my partner. Marriage does not determine the validity of love.

I agree with you on a personal note, that being married didn't change my relationship, but legally it does. Legal marriage isn't even about love. Two people can legally get married in Vegas after a crazy night. Marriage is entirely about that piece of paper. Being legally married means all kinds of things you can't do when you're engaged, from health insurance to filing taxes to being the automatic beneficiary on a spouse's 401K or making medical decisions. Look at the LGBT couples who couldn't even receive any immigration benefits until recently because that legal piece of paper wasn't recognized by the federal government.

Edited March 16, 2016 by Harmonia

[k_stacky 65]

I agree with you on a personal note, that being married didn't change my relationship, but legally it does. Legal marriage isn't even about love. Two people can legally get married in Vegas after a crazy night. Marriage is entirely about that piece of paper. Being legally married means all kinds of things you can't do when you're engaged, from health insurance to filing taxes to being the automatic beneficiary on a spouse's 401K or making medical decisions. Look at the LGBT couples who couldn't even receive any immigration benefits until recently because that legal piece of paper wasn't recognized by the federal government.

Yes, obviously or else marriage wouldn't be necessary lol. However the person I had quoted was talking about marriage personally as a measure of love in a relationship not in the legal sense, and my response was tailored to that.

[hardaway 3]

CatherineA, on 14 Mar 2016 - 11:07 AM, said:

You are (naturally) thinking about immigration from the "getting to live with my spouse/ intended spouse" perspective. The end goal is to be married and to be together. This is because you are human and have a soul. Unfortunately for all of us, immigration is *actually* a lengthy government process with various routes/rules etc. The end goal is to get you legal permanent residency after a series of background checks.

Where it seems only natural that married couples "should be" together faster (maybe, to some), the reality is that the K1 and CR1 routes/rules are so different that you really can't compare the two.

Basically, when deciding between the two, from the government's perspective (which is the only perspective that counts), you're basically choosing between waiting for your green card abroad (CR1) or in the US (K1). That's it. It's not a "oh, K1s have to AOS so we'll do them faster to make up for it". Nope. It's simply 6 months worth of paperwork that gets done at a different stage in the process and therefore makes the K1 6 months faster (roughly). All of that is USCIS/NVC stages though. You seem to be talking specifically about embassy stage. If you're saying that K1s with similar "embassy received" dates as CR1s are getting interviews faster, that does seem unfair....until you realize that those are two different sections of the consulate-- Immigrant Visa Unit and Non-Immigrant Visa Unit. Sounds like the Immigrant Visa Unit has a backlog that NIV doesn't. This would be consulate-specific, too. Not the case everywhere.

Sorry, truly. It sucks. I'm very familiar with having been in a giant backlog (was at TSC at the time that it was averaging 7 months--210 days, when CSC was taking literally a tenth of the time-- 21 days).

Just know that this isn't an actual choice the government has made: "oh, let's let the fiances in faster because their relationships are better" or whatever. It's just simply a matter of order-of-events, combined with (possibly) a specific backlog at a specific consulate.

Thank you for this break down!!!