Can I file for Fiancee Visa while the Fiancee is banned?

[mettiboe 0]

2 hours ago, JFH said:

You do realize that once his visa is granted and he comes to the country he won't be able to work for several months? This has more than just financial implications. It can lead to boredom and depression - especially for someone who has always worked. And, depending on the field of work he is in, a break of several months may make it very difficult to get back into that field as he will have been "left behind" while the industry moves on. 

 

If he he has a job and savings, wouldn't it be better for you to move to his country or you might want t to consider getting married first and filing a CR-1 visa that allows him to work right away once he arrives. For many people, a K-1 isn't necessarily the right choice. 

I did mention before that he had visited me for 6 months and he certainly wasn't working then since it would have been illegal and he was happy despite working and going to school constantly his entire life. He has limited family where he lives and I have many more personal ties than he does so it is easier for him to relocate to me which is something he wants to do. Either way, in order to get married first I would still need to do the K-1 so that he would be allowed into my country and even if for whatever reason I went to his country to get married, he would most likely have to also file K-1 (depending on the rules for his country, we didn't look into it) so I don't understand how I would be able to skip the K-1 and just have him married to me and immediately begin work in the US? I just googled CR-1 visa and it says " currently up to two years on the waiting list" where as approval for K-1 can take less than a year and if approved he would be able to stay in the country and apply for work while he is here with me so I don't understand the benefits of CR-1 since it seems to take longer and I don't understand how we would be able to get married without K-1.

[geowrian 22,338]

2 hours ago, mrtravel said:

The sponsor should know he is on the hook for support until the immigrant has 40 quarters of qualifying work or gets citizenship.

For the I-864, yes. For the I-134, not so much...it's not legally enforceable.

 

32 minutes ago, mettiboe said:

I did mention before that he had visited me for 6 months and he certainly wasn't working then since it would have been illegal and he was happy despite working and going to school constantly his entire life. He has limited family where he lives and I have many more personal ties than he does so it is easier for him to relocate to me which is something he wants to do. Either way, in order to get married first I would still need to do the K-1 so that he would be allowed into my country and even if for whatever reason I went to his country to get married, he would most likely have to also file K-1 (depending on the rules for his country, we didn't look into it) so I don't understand how I would be able to skip the K-1 and just have him married to me and immediately begin work in the US? I just googled CR-1 visa and it says " currently up to two years on the waiting list" where as approval for K-1 can take less than a year and if approved he would be able to stay in the country and apply for work while he is here with me so I don't understand the benefits of CR-1 since it seems to take longer and I don't understand how we would be able to get married without K-1.

Not every country has a K-1-like visa. You can marry anywhere, even on a tourist visa in many places (including the US).

The processing time for a CR-1 visa is 12-14 months on average.

Processing time for a K-1 is 6-8 months. Then you need you get married and file for AOS + AP + EAD. EAD + AP (so he can work and travel) are taking 3-4 months. AOS itself is taking anywhere from 4 months (extremely lucky) to over a year.

 

The benefits of a CR-1 are that it's cheaper and it grants LPR status (green card) upon entry. The green card means he can work and travel abroad right away.

A K-1 costs more, has to go through AOS, and you cannot work or travel abroad for several months. The benefit is that you get to be with your fiance a few months sooner.

There's no generic answer to which one is better...it's up to the individuals to determine what is best for them - cost, work, travel, simplicity, time apart.

[JFH 12,191]

1 hour ago, mettiboe said:

I did mention before that he had visited me for 6 months and he certainly wasn't working then since it would have been illegal and he was happy despite working and going to school constantly his entire life. He has limited family where he lives and I have many more personal ties than he does so it is easier for him to relocate to me which is something he wants to do. Either way, in order to get married first I would still need to do the K-1 so that he would be allowed into my country and even if for whatever reason I went to his country to get married, he would most likely have to also file K-1 (depending on the rules for his country, we didn't look into it) so I don't understand how I would be able to skip the K-1 and just have him married to me and immediately begin work in the US? I just googled CR-1 visa and it says " currently up to two years on the waiting list" where as approval for K-1 can take less than a year and if approved he would be able to stay in the country and apply for work while he is here with me so I don't understand the benefits of CR-1 since it seems to take longer and I don't understand how we would be able to get married without K-1.

Check my timeline - from sending the initial paperwork to being approved at interview was 10 months and 1 day for a CR-1. 

 

Yes we we could have done a k-1 and I could have been here a few months quicker. But this was a long-term plan for us and it required long-term decisions. Being together quicker would have been nice but at the same time I wanted to ensure I could work and drive right away and not have more paperwork and fees once I got here. Financial and career stability for the future - long term future - were more important to us than shacking up together a few months quicker. What's two months when you have the rest of your lives together? I visited my husband throughout the process anyway. You do not need a k-1 to get married in the USA if you are going home to complete the spousal visa afterwards. There is no "waiting list" for spousal visas if the petitioner is a USC. Green card holders have to wait roughly two years to bring spouses in but for USCs the spousal visas are immediately available. 

Edited May 29, 2017 by JFH

[mettiboe 0]

4 hours ago, JFH said:

Check my timeline - from sending the initial paperwork to being approved at interview was 10 months and 1 day for a CR-1. 

Yes we we could have done a k-1 and I could have been here a few months quicker. But this was a long-term plan for us and it required long-term decisions. Being together quicker would have been nice but at the same time I wanted to ensure I could work and drive right away and not have more paperwork and fees once I got here. Financial and career stability for the future - long term future - were more important to us than shacking up together a few months quicker. What's two months when you have the rest of your lives together? I visited my husband throughout the process anyway. You do not need a k-1 to get married in the USA if you are going home to complete the spousal visa afterwards. There is no "waiting list" for spousal visas if the petitioner is a USC. Green card holders have to wait roughly two years to bring spouses in but for USCs the spousal visas are immediately available. 

Forgive me but you seem somewhat rude in the way you're speaking. We're trying to get him here as fast as possible not so that we can be "shacking up" asap, but because his living situation is less than favorable. This is me, on our behalf, trying to figure out the best way to ensure that our long term plans are actually achievable without having screw ups that could be detrimental to his applications and to try and find what route is the best choice for us.

 

Besides that, what you're suggesting is for me to get married in his country, come back to my own and then apply for the spousal visa instead of going through the K-1 process? Will the spousal visa give him the right to work/drive/etc once he is approved? Will I still need to worry about joint sponsorship and such?

[millefleur 5,047]

4 minutes ago, mettiboe said:

Forgive me but you seem somewhat rude in the way you're speaking. We're trying to get him here as fast as possible not so that we can be "shacking up" asap, but because his living situation is less than favorable. This is me, on our behalf, trying to figure out the best way to ensure that our long term plans are actually achievable without having screw ups that could be detrimental to his applications and to try and find what route is the best choice for us.

 

Besides that, what you're suggesting is for me to get married in his country, come back to my own and then apply for the spousal visa instead of going through the K-1 process? Will the spousal visa give him the right to work/drive/etc once he is approved? Will I still need to worry about joint sponsorship and such?

Yes, the spousal visa (CR-1) will give him immediate rights to work in the US. Once a CR-1 is endorsed at the port of entry, he will have a stamp in his passport that serves as a temporary green card. With a K-1, this is not the case. K-1 applicants must wait months before getting the right to work.

 

The sponsorship issue remains regardless of K1- or CR-1. You will still have to sponsor him or find a joint sponsor. If he has a substantial amount of savings/assets, he may be able to self-sponsor.

Edited May 29, 2017 by millefleur

[Oliversmom 250]

Which one you choose depends on what is more important to you.  It was important to us that he be able to work once he arrived so we went the Cr1 route.  Ours took just over a year.  Plus it was less expensive than K1 and we didn't have to do adjustment of status.  But if your priority is getting him here the fastest route and you don't care when he is able to work then the K1 would be for you.  It is really up to you.