Are we making things harder for each other or would you say this is far more logical?!

[SusieQQQ 11,586]

1 hour ago, mindthegap said:

 

Visit 5 different lawyers and you are very unlikely to get 5 identical answers for the majority of subjects

But you will get 5 large bills irrespective of the quality of advice...

Edited November 11, 2017 by SusieQQQ

[Duchess93 0]

Thanks everyone for your advice, i think we went off tangent to my original query! I’m really more in the dark now!

 

Let me help you all, as i’ve noticed alot of the answers seem to be conflicting & i seemed to have caused an arguement!

 

Upon landing in the US, at POE i will be completely normal & answer all questions in all honesty. When asked my plans my answer will be as true as the day is long; ie. Visiting my Fiance for the holidays & getting married. 

I will have ALL relevant documentation & evidence that i have ties at home, car finance, pets & a job which i very much will be returning to! If i am denied then so be it; but i will be honest. I will under no circumstance be willing to LIE to anyone. 

 

Secondly, we seem to have digressed from my original query. I’m really worried that i’m doing the wrong visa!!!!! I could cry day in day out as its a very hard decision. I have people telling me its financially responsible, then i have people telling me that it’ll take over a year!!! I understand the trends on here can look like 14 months but on other immigration/visa forums i am being advised 6-7 months start to finish being from the UK as this goes in my favor? 

 

Someone please tell me what the best thing to do is?! I can & will be visiting throughout either/both processes.. i don’t mind being out of worth for 4 months as i have been working since i left school without so much as a two week break for holidays etc. I just need someone to tell me what visa is best; the quickest; reasons for your advise & your personal experience. 

 

We are willing to delay/move our wedding day should this be the better option. 

[little immigrant 801]

Well the quickest visa is K1. The cheaper one is the CR1. With the latter you can work right away. With K1 you need to wait until you get a work permit during AOS. At this point it's really your choice. They are both good routes to go. 

 

I personally went with CR1 as it was cheaper and I didn't need to AOS. I found work within two weeks of being here. 

[Scandi 4,166]

I went for the K-1 visa but it took so long for us that if I were to do it all over again today I would've chosen the CR-1 visa.

 

Under normal circumstances the K-1 visa is faster than the CR-1. Take into consideration that that's more or less the only advantage of the K-1 visa. Normally it takes around 6-10 months.

 

With the CR-1 you get a greencard. You can start working in the US already from the start, you can travel back to the UK to visit without having to apply for Advance Parole and wait to get it approved. CR-1 is in the end cheaper as well but takes about 12-18 months.

 

With the K-1 you have to sit around for at least 4 months (maybe longer by the time you file) after you file for AOS before you're approved for the EAD and/or AP, meaning you can't work or leave the US for that long at least. The AOS itself often takes a whole year to get approved, you'll have no real status in the US during that time, only a "authorized stay" until a decision has been made. 

 

In many states you need to wait for your EAD to be approved to be able to even get a State ID and/or drivers license, so if you choose the K-1 be prepared that you might not be able to drive anywhere for at least 4 months after you file for AOS/EAD/AP.

With the CR-1 you're a LPR from the start and can much easier get all the things mentioned when you enter the country.

 

With a K-1 it's harder to choose a date for the wedding, you have to choose a date based on several things, such as when your visa is approved (this can go fast for some and much slower for others), the visa's expiry date, what date you enter the US, to marry within 90 days of entry etc. 

With the CR-1 you can choose any location and any date your heart desires, anywhere in the world. You have as much time as you want to plan the wedding and prepare everything that goes with it (such as inviting guests etc). There's no rush and no expiry date to go by.

 

In the end it's your choice. Doesn't matter how much you ask visajourney for advice on what visa to choose, your situation is not my situation, everyone is different and want different things.

 

[Longingfor 195]

Hi OP just updating. 

I made my 4th visit and was incident free like all the others. This time is was asked by CO why I haven't moved here as yet because long distance is hard. I told him that im in the process but the immigration process is the reason this trip is temporary but by summer 2018 I should be here. I'm sure he sees that my file is at NVC because because it was after he scanned my passport he asked me that. He was very informative and offered suggestions on adjusting to lide in the US when i get here. I even got career advice. 

[yuna628 9,677]

On ‎11‎/‎11‎/‎2017 at 12:55 AM, JenD said:

It seems like maybe the idea that you can have a K-1 processing and still enter on an ESTA has changed. People on other message boards have been denied entry and sent home while trying to do that. And our lawyer also has said that it can't be done. I find everyone saying "Oh, sure you can enter on an ESTA" so confusing when people have been denied and every immigration lawyer we talked said that you can't.

Nothing has changed, and those lawyers are lying to you. It doesn't matter if you enter on the VWP with a K1 processing or enter on the VWP without a K1 processing and you announce you are visiting your gf/bf/fiancé. The burden of proof is the same, and the officers otherwise don't care so long as you can meet that proof. Have there been denials? Sure thing. When we examine those cases we usually find out it was either due to the individual not meeting that burden of proof, the individual lied to the officer directly, or the officer was simply inexperienced.

[yuna628 9,677]

19 hours ago, Duchess93 said:

Thanks everyone for your advice, i think we went off tangent to my original query! I’m really more in the dark now!

 

Let me help you all, as i’ve noticed alot of the answers seem to be conflicting & i seemed to have caused an arguement!

 

Upon landing in the US, at POE i will be completely normal & answer all questions in all honesty. When asked my plans my answer will be as true as the day is long; ie. Visiting my Fiance for the holidays & getting married. 

I will have ALL relevant documentation & evidence that i have ties at home, car finance, pets & a job which i very much will be returning to! If i am denied then so be it; but i will be honest. I will under no circumstance be willing to LIE to anyone. 

 

Secondly, we seem to have digressed from my original query. I’m really worried that i’m doing the wrong visa!!!!! I could cry day in day out as its a very hard decision. I have people telling me its financially responsible, then i have people telling me that it’ll take over a year!!! I understand the trends on here can look like 14 months but on other immigration/visa forums i am being advised 6-7 months start to finish being from the UK as this goes in my favor? 

 

Someone please tell me what the best thing to do is?! I can & will be visiting throughout either/both processes.. i don’t mind being out of worth for 4 months as i have been working since i left school without so much as a two week break for holidays etc. I just need someone to tell me what visa is best; the quickest; reasons for your advise & your personal experience. 

 

We are willing to delay/move our wedding day should this be the better option. 

OP: Hope this can help.

 

K1 visas can take up to about 6 months to process. That means it takes 6 months to get out of the first stage. There is a chance this can take even longer, due to backlog. It's been a while since I've kept up with the processing times post election these days, but in general it was a good rule of thumb to expect for it to take as long as the standard processing time, don't panic if it takes longer, start inquiries if it takes well longer, and feel blessed if it goes faster. Once you get out of the processing phase, it can take up to an additional 2 months or so, depending on how fast you get the UK side of things finished (paperwork, medicals) and finally interview. If there is nothing complex about your case, or your personal history (no drugs, criminal issues etc) then it typically will go fast at that point. You are allowed to visit, but keep in mind just like any other visit, you shouldn't be visiting so frequently so that it appears you are spending more time abroad than you are at home.

 

Spousal visas take significantly longer as it's a completely different processing phase. Remember, a spousal visa gives one access to a green card upon approval, whereas a K1 does not (the adjustment phase for a green card occurs stateside for a K1) so everything takes longer to get through. Some people like the longer route, for this reason, because a K1 will have no ability to work or travel until additional paperwork is complete, after they marry. And of course if you are already married then spousal visas obviously are the choice.

 

For quickest? Well K1 in general. But that will require not being married or changing whatever plans you may have about marrying. Some don't like doing K1 because they don't have a perceived ability to plan a wedding (if a larger wedding is what they want)... but my husband and I didn't let that stop us actually (and it was a longer wait time for K1s back then due to reasons I won't go into). We planned our wedding the whole time (not a courthouse thing.. a decent small wedding with both families present too!) But planning a wedding in the way we did, isn't for the faint of heart... so my other suggestion for K1 couples is to always remind them - that once they are granted their visa, they have 6 months from the date of their medical to enter the USA - leaving plenty of time to plan something with a confident date in mind. Other couples going K1 simply go to the courthouse to honor the terms of their visa, and then once all their adjustment paperwork is complete have a larger wedding later when everyone can attend. We chose a K1 because - the ability for a US citizen to marry a UK citizen in the UK is complex these days, we wanted a faster process with no doubt in the government's eyes, and he did not mind waiting up to the additional year to adjust without being able to do much so long as we were together. I would never advise anyone to do either though without having a good chunk of savings under their belt.

 

So which one you pick should always be what is better financially and logistically for the couple.

 

 

[jakelake 222]

On ‎11‎/‎10‎/‎2017 at 12:17 PM, Italian_in_NYC said:

All I'm saying is that for every good story, there is a bad story.

Plenty of people got denied entry (I personally know a couple - all VWP passports) because of this.

Be book-smart, but sometimes you have to be a little street-smart too.

What is the purpose of your visit? I am visiting my boyfriend for the holidays (which is not a lie).

Otherwise be prepared to bring plenty of evidence that unequivocally proves your strong ties to the UK. 

I understand your point about not volunteering information.

However, what would your answer be if you were asked whether you were entering the US to get married?

[jakelake 222]

CR1 visa is better.

It does take longer but you get the green card at the end and can start working. It is also cheaper than K1.

Only advantage for K1 is that it takes less time but in the long run you will spend more as you have to pay for adjustment of status and other fees.