Can legal fees expedite a K-1 visa?

[CaseyClaud 0]

I am presuming a 2017 backlog at INS in the Trump era.

 

My fiancé is Mexican and I am a US-born citizen.  We plan to marry in late July in the US, almost exactly 5 months from now.  It is the only opportunity we have to hold a ceremony that both of our families can attend.  She currently holds a B1/B2 visa that is set to expire July 1.  

 

The timing is regrettable, and K-1 paperwork might not get through in time.  The safest bet would be to renew B1/B2 visa (which takes her a few weeks to do) and file for K-1 concurrently, but we don't know if that is possible. 

 

Here are three outcomes (numbered), each with a set of means (lettered):

 

1) (less desirable) My finance enters the country on her renewed B1/B2 visa, we have the wedding ceremony in July, but we postpone the legal formalities until the K-1 visa comes through

      a. If concurrent filing IS possible but the K-1 doesn't process in time

      b. If concurrent filing ISNT possible and, to be safe, she renews her B1/B2 first and then we file K-1 paperwork

 

2) (most desirable) My fiancé enters the country, for a legal July wedding, on a K-1 visa that processed in time because

      c. we got lucky without legal assistance thanks to zero red flags in the application

      d. we hired legal assistance that could expedite the process and streamline the application (for a legal retainer of how much???)

      e. we went with a web service like rapidvisa.com

 

3) (wish to avoid!) My fiancé is unable to gain entry after the expiration of her B1/B2 visa because we gave precedence to filing for the K-1 visa, which didn't process in time. 

  

Can I achieve outcome 2, using options c-e, while avoiding outcome 3?

If I have to settle for option #1, is it better for her to be in the US (on her B1/B2 visa) or in Mexico when we process the paperwork?

 

Thanks,

C

 

 

 

 

[geowrian 22,338]

The only way to know is to try, really. However, generally they don't approve expedites for costs as a result of your own choices. You have choices to obtain a legal status without additional legal costs, so the fact that you chose a course using them is unlikely to have much sway.

 

That said, there are a number of issues with your plans:

1. You fiancee may be turned away at POE. While it's perfectly legal to enter on a tourist visa with the intent to marry, it's generally fairly difficult to prove to CBP that she will not enter, marry, and file for AOS. She needs to prove very strong ties to return home and be completely honest with CBP at all times.
2. What is meant by "have the wedding ceremony in July, but postpone the legal formalities"? If you have a wedding ceremony, regardless of getting a marriage license/certificate, you will likely be viewed as "too married" (yes, this is a thing) for a K-1 visa. It's been noted as happening many times here before. If you're going to have a wedding party/ceremony/etc., you should go the CR-1 route and actually get legally married. Otherwise, you are possibly/likely going to have your K-1 denied.
3. Legal assistance cannot expedite the process for you. Whether you DIY or use a service or hire an immigration lawyer, the process is the same and does not go faster. In many cases, you are better off with DIY than using those services.

What you can do is marry in the US prior to her departure, file for AOS + AP + EAD (granting legal status while it is pending), then she can return to Mexico once she has an approved AP in hand (~90 days after filing for AOS). However, I will note that you cannot plan to do this if she leaves the US and comes back later on a tourist visa. It is visa fraud to enter the US on a tourist visa with the intent to stay and file AOS.

 

Alternatively, you can marry (either in the US or Mexico and anywhere else you are permitted to do so), then file for a CR-1 visa.

 

Or you can just file for K-1 and wait it out in Mexico (at the end of her tourist visa). She can try to get another visa in the meantime, but just note point #1 above still applies...it is fairly difficult to prove sufficient ties to leave the US when you have documented immigrant intent (i.e. a K-1 or CR-1 on file). Many have done it without any issues, and many others have been turned away at POE.

 

Either way, I don't see a good chance for an expedite occurring given the stated circumstances.

 

Best wishes!

[CaseyClaud 0]

Thank you for your thoughtful reply.  I am still trying to digest all of it, as you can imagine.  I am pretty much reduced to tears at this point, with mixed feelings of frustration and confusion and anxiety.

 

If we file for a K-1, will this automatically invalidate her current B1/B2 visa and make it impossible for her to visit me while the K-1 application is on file?

 

An attorney just wrote back to me and said that it will take a year for a K-1 application to go through.  Is this true?  It goes against the 5-6 month timeline I am hearing elsewhere.  

 

Not understanding why a CR-1 would be preferable to a K-1, as it seems to require 8-11 months of processing.  Could you clarify?

 

Would she be able to file for AOS + AP + EAD after arriving here on a B1/B2 visa, and then essentially stay here legally?

 

 

 

[geowrian 22,338]

23 minutes ago, CaseyClaud said:

Thank you for your thoughtful reply.  I am still trying to digest all of it, as you can imagine.  I am pretty much reduced to tears at this point, with mixed feelings of frustration and confusion and anxiety.

 

If we file for a K-1, will this automatically invalidate her current B1/B2 visa and make it impossible for her to visit me while the K-1 application is on file?

 

An attorney just wrote back to me and said that it will take a year for a K-1 application to go through.  Is this true?  It goes against the 5-6 month timeline I am hearing elsewhere.  

 

Not understanding why a CR-1 would be preferable to a K-1, as it seems to require 8-11 months of processing.  Could you clarify?

 

Would she be able to file for AOS + AP + EAD after arriving here on a B1/B2 visa, and then essentially stay here legally?

 

 

 

There's no reason to overly worry about this. You'll get through the process. There may be a gap where you need to visit her, but it's worth it in the end.

 

Filing for a K-1 will not invalidate her B1/B2 in any way. It does not prevent her from visiting you. However, once your case gets to NOA2/NVC stage, she will very likely have a much harder time getting through POE as she has documented immigrant intent. It's not insurmountable, but it is a pretty high bar IMHO. She needs to be prepared to be denied the visa or even at POE if she decides to go that route and visit while the K-1 is pending. It's not good news, but it's much better than being surprised if it does happen. Proving intent to return home is much more difficult when CBP already knows you want to immigrate.

 

A year? I It can, but it's probably closer to 6-8 months right now. Some people are lucky and get it in ~4 months still, but most people are in the 6-8 month range from what I'm seeing. I'm still waiting for my NOA2 and I sent my I-129F packet on Dec. 1st. Others have waited 3+ months for the NOA2 due to the holiday slowdowns. They are speeding up I-129F processing right now, so 2-3 months for a NOA2 seems like a decent estimate IMHO. Then 1 month for NVC to get, process, and send to the embassy. Then the speed is embassy specific, but usually 1-4 months. So 6-8 months seems "fair" currently for an estimate and lets in a little time for an RFE along the way.

 

Sure. A CR-1 is cheaper, simpler, and grants LPR status (and green card as proof of it) immediately upon arrival in the US. It does take 10-12+ months for processing, but that's the trade-off. That said, I never really said it was preferable...just another option available to you.

 

Yes, she can absolutely do that assuming she did not enter the US with the intent to file for AOS. So if you were to marry prior to her departure, then you're fine. She didn't come to the US for the purpose to immigrate. If she were to leave the US and then return (knowing now they she plans to stay here), then it would be visa fraud. Once she marries and files for AOS, she will have legal status in the US. Follow the guide below for details. I suggest filing for EAD and AP at the same time (no extra cost) so that - once approved - she can work in the US and leave the US for short trips.

http://www.visajourney.com/content/i130guide2

 

And I know this goes without saying, but never, ever lie or hide anything to CBP. It's illegal, the consequences are way way too high (you won't be in the US together for along time at best), and it's unlikely to succeed (they will question her, they can search her phone, etc.).

Edited February 18, 2017 by geowrian

[s + j 71]

My K-1 Visa took us approx ~4 months. We sent it in June 2016, and I entered the US on 21st of October :). It took us approx 2 months and 2 weeks to get NOA2, and we were ridiculously lucky during the NVC stage. That's where people seem to get stuck. But I had my interview the month after NOA2, so it's definitely possible. My recommendation is to at the embassy stage, if you get a date months after you wish, is to stay updated on the site. First when I booked my appointment it was on October 21st (haha) and I checked 5-10 minutes later, I managed to get it almost a month later on September 29th

[b6543 25]

No legal fees or lawyers can not expedite K1 visa. On the contrary, many stories here on VJ of how using lawyers for K1 can result in longer and delays. 

[Kastrs 723]

22 hours ago, geowrian said:

The only way to know is to try, really. However, generally they don't approve expedites for costs as a result of your own choices. You have choices to obtain a legal status without additional legal costs, so the fact that you chose a course using them is unlikely to have much sway.

 

That said, there are a number of issues with your plans:

1. You fiancee may be turned away at POE. While it's perfectly legal to enter on a tourist visa with the intent to marry, it's generally fairly difficult to prove to CBP that she will not enter, marry, and file for AOS. She needs to prove very strong ties to return home and be completely honest with CBP at all times.
2. What is meant by "have the wedding ceremony in July, but postpone the legal formalities"? If you have a wedding ceremony, regardless of getting a marriage license/certificate, you will likely be viewed as "too married" (yes, this is a thing) for a K-1 visa. It's been noted as happening many times here before. If you're going to have a wedding party/ceremony/etc., you should go the CR-1 route and actually get legally married. Otherwise, you are possibly/likely going to have your K-1 denied.
3. Legal assistance cannot expedite the process for you. Whether you DIY or use a service or hire an immigration lawyer, the process is the same and does not go faster. In many cases, you are better off with DIY than using those services.

What you can do is marry in the US prior to her departure, file for AOS + AP + EAD (granting legal status while it is pending), then she can return to Mexico once she has an approved AP in hand (~90 days after filing for AOS). However, I will note that you cannot plan to do this if she leaves the US and comes back later on a tourist visa. It is visa fraud to enter the US on a tourist visa with the intent to stay and file AOS.

 

You CANNOT advise this option, it is against the terms of service of this site and it is fraud to enter the US on a TOURIST VISTA with intent to adjust status

 

 

22 hours ago, geowrian said:

Alternatively, you can marry (either in the US or Mexico and anywhere else you are permitted to do so), then file for a CR-1 visa.

 

Or you can just file for K-1 and wait it out in Mexico (at the end of her tourist visa). She can try to get another visa in the meantime, but just note point #1 above still applies...it is fairly difficult to prove sufficient ties to leave the US when you have documented immigrant intent (i.e. a K-1 or CR-1 on file). Many have done it without any issues, and many others have been turned away at POE.

 

Either way, I don't see a good chance for an expedite occurring given the stated circumstances.

 

Best wishes!

 

[geowrian 22,338]

5 minutes ago, Kastrs said:

 

You CANNOT advise this option, it is against the terms of service of this site and it is fraud to enter the US on a TOURIST VISTA with intent to adjust status

 

 

 

I did no such thing. I repeatedly said that it is visa fraud to enter the US with the intent to file for AOS, as can be seen below.

 

"What you can do is marry in the US prior to her departure, file for AOS + AP + EAD (granting legal status while it is pending), then she can return to Mexico once she has an approved AP in hand (~90 days after filing for AOS). However, I will note that you cannot plan to do this if she leaves the US and comes back later on a tourist visa. It is visa fraud to enter the US on a tourist visa with the intent to stay and file AOS."

 

Edited February 19, 2017 by geowrian

[NikLR 13,232]

30 minutes ago, geowrian said:

I did no such thing. I repeatedly said that it is visa fraud to enter the US with the intent to file for AOS, as can be seen below.

 

"What you can do is marry in the US prior to her departure, file for AOS + AP + EAD (granting legal status while it is pending), then she can return to Mexico once she has an approved AP in hand (~90 days after filing for AOS). However, I will note that you cannot plan to do this if she leaves the US and comes back later on a tourist visa. It is visa fraud to enter the US on a tourist visa with the intent to stay and file AOS."

 

As I understand it, the OP's fiance is not in the USA at the moment.  This is what the other poster meant by suggesting this route is not okay.  If the OP's fiancee is currently in the USA, I would also suggest staying in the USA until the wedding, and doing the AOS route.  But if she is currently in Mexico, then a K1 would be needed to stay after the wedding, and a B2 would be needed to attend the wedding if the K1 was not in time (but then the appropriate course of action would be the CR1.)

 

Yes the fiancee can file for the B2 and the K1 at the same time.  One is strictly through the consulate and the other starts with a USC petition at the USCIS.  However, the fiancee already has intent to immigrate so the B2 may be denied. 

 

 

[geowrian 22,338]

12 minutes ago, NikLR said:

As I understand it, the OP's fiance is not in the USA at the moment.  This is what the other poster meant by suggesting this route is not okay.  If the OP's fiancee is currently in the USA, I would also suggest staying in the USA until the wedding, and doing the AOS route.  But if she is currently in Mexico, then a K1 would be needed to stay after the wedding, and a B2 would be needed to attend the wedding if the K1 was not in time (but then the appropriate course of action would be the CR1.)

 

Yes the fiancee can file for the B2 and the K1 at the same time.  One is strictly through the consulate and the other starts with a USC petition at the USCIS.  However, the fiancee already has intent to immigrate so the B2 may be denied. 

 

 

Ah, okay. I thought she was in the US already (hence the "marry in the US prior to her departure"). I guess that's where the discrepancy is...in no way would I suggest somebody to come to the US on a tourist visa to stay,  obviously.

[Ash.1101 1,756]

Note that you can come in and marry as long as you have no intentions of staying.

The rules aren't "Can't come in to marry" it's "Can't come in with intentions of staying and AOSing"

Your fiance can come in in July, marry you, and then go back to the home country and do a spousal visa.


 

[USC1961 251]

On 2/17/2017 at 7:47 PM, CaseyClaud said:

I am presuming a 2017 backlog at INS in the Trump era.

 

Better not to presume, I know it's easy to think this way given the negativity going around.   However, there is no evidence to support this line of reasoning.  

 

In any case don't think about holding any type of wedding ceremony (legal or otherwise)  if your plans are to file for a k-1 visa.  Even a fake wedding ceremony may put you in "no mans land" and disqualify you from using the K-1.  Good luck!

[Transborderwife 4,666]

On 2/17/2017 at 10:47 PM, CaseyClaud said:

I am presuming a 2017 backlog at INS in the Trump era.

 

My fiancé is Mexican and I am a US-born citizen.  We plan to marry in late July in the US, almost exactly 5 months from now.  It is the only opportunity we have to hold a ceremony that both of our families can attend.  She currently holds a B1/B2 visa that is set to expire July 1.  

 

The timing is regrettable, and K-1 paperwork might not get through in time.  The safest bet would be to renew B1/B2 visa (which takes her a few weeks to do) and file for K-1 concurrently, but we don't know if that is possible. 

 

Here are three outcomes (numbered), each with a set of means (lettered):

 

1) (less desirable) My finance enters the country on her renewed B1/B2 visa, we have the wedding ceremony in July, but we postpone the legal formalities until the K-1 visa comes through

      a. If concurrent filing IS possible but the K-1 doesn't process in time

      b. If concurrent filing ISNT possible and, to be safe, she renews her B1/B2 first and then we file K-1 paperwork

 

2) (most desirable) My fiancé enters the country, for a legal July wedding, on a K-1 visa that processed in time because

      c. we got lucky without legal assistance thanks to zero red flags in the application

      d. we hired legal assistance that could expedite the process and streamline the application (for a legal retainer of how much???)

      e. we went with a web service like rapidvisa.com

 

3) (wish to avoid!) My fiancé is unable to gain entry after the expiration of her B1/B2 visa because we gave precedence to filing for the K-1 visa, which didn't process in time. 

  

Can I achieve outcome 2, using options c-e, while avoiding outcome 3?

If I have to settle for option #1, is it better for her to be in the US (on her B1/B2 visa) or in Mexico when we process the paperwork?

 

Thanks,

C

 

 

 

 

Considering there hasn't been an INS for quite sometime I doubt that there's a backlog