K1 versus CR1

[AP1 0]

My sister ( naturalized citizen) has been divorced in the past with a child. Her ex husband  ( green card holder) has the custody ( US citizen born child) and lives in India. She wants to remarrry but confused. Her current guy friend ( through our family contacts) is also a divorcée, Indian resident. He has been denied guest visa in the past. Both being divorced in the past, what are their options?

Preference is to marry in US as my sis and all our family is in US. 

What are the chances of getting K1 rejected for her boyfriend? How long is the processing time? Chennai CO.

Is CR1 a better path, marriage in India is not a preferred option?

or 

they take a chance on K1 and if it does not work go with CR1? Or don’t do K1 at all?

 

 

[Dashinka 24,521]

If the new boyfriend/fiancé cannot get a visitor visa and they absolutely want to marry in the US then they should propbably pursue a K1.  As to the potential of a successful K1, that is up to their specific case.  In general, if there are no criminal or past immigration related issues, then their chances are probably pretty good, but there is not enough information here to make a good estimate.

 

Altrnatively, they could reconsider the location of the wedding and follow the CR1 route.

 

Good Luck to your sister.

[AP1 0]

In this case: then CR1 visa has more chances of success than K1? 

[C-ma'am 684]

**Post moved from K1 to What visa do I need? Where similar posts are discussed.

[Penguin_ie 5,994]

I don't think either visa has a significantly better chance of getting approved.  A lot will depend on when and why the fiance was denied the tourist visa )for example if he lied it is a big deal), and on the details of your sister's first marriage.  For example, is the ex a greencard holder because she ptitioned for him?  When were they divorced?

[AP1 0]

Thanks for the comments.

Her ex husband is a 10 year Green card holder but it has kind of expired as he stayed over 6 months in India in 2014, and never came to US after that. So, there has to be a reapplication process. Yes, she had petitioned for him. 

The divorce was due to jobs and other differences , one party leaving. 

 

The tourist visa was not given. The CO didnt ask any questions to her new BF.  Nothing was asked. They just simply gave him the passport back with a standard paper as not enough proof. No denial stamps on the passport.

Having said the above, the ex might apply to come back to US someday, should a K1 or CR1 preferred? 

Edited November 1, 2017 by AP1

[AP1 0]

I forgot to add, she has visited her BF three times in last two years. We all have actually. We just have not done the formal engagement yet. 

[Penguin_ie 5,994]

Ok so it looks like she has been divorced several years, and ben with the new guy several years, that is good. The ex husband potentially trying to get back to the USA won't have an effect on the current fiance's visa situation- and it very unlikely to succeed.

 

As mentioned before, I don't think either visa has a significantly better chance of getting approved. Personally, I'd go for the CR-1.  It is cheaper, mans the beneficiary can work right away when arriving, and travel home should a family emergency arise, plus your sister can get legally married in India, where she may not have a lot of family anymore, but he does.   However, the K1 is significantly faster- she could file today.