Traveling with B2 to meet your spouse after marriage overseas

[Marieke H 2,524]

Your plan makes no sense. Getting married in Dec/Jan and filing for a spousal visa would prolong the "unbearable" waiting period. Plus you'd have to pay new fees.

 

Stick to the K1 and have her visit you while you wait.

[Ash.1101 1,756]

Agree'd this plan doesn't sound very good. Especially if the issue is waiting.


First, before any one answers anything else, you need to tell us you're home country. If you don't, there's not much anyone can do to help.

Second, she needs to understand that she's not going to solve the waiting problem by going into a process that takes LONGER than the one she's already trying. That, and you also need to be cautious, she REALLY seems to want to get married ASAP, and is willing to throw logic out of the window (If the issue is wait time it makes NO sense to go after a CR-1 when you've already applied for a K-1). Unless she knows you come from a high fraud country that typically denied 98% of K-1 visas, then what she is doing makes sense because doing the K-1 visa would be a waste of time.

Lastly, not having met her isn't a reason to be denied a B2 visa, things like you not having ties to your home country, or your country being high on the fraud list are reasons to deny you a B2 visa. You basically have a .05% chance of being approved a B2 visa once you're married.

Edited July 27, 2018 by Ash.1101

[Mr.Jose 64]

22 hours ago, Oha said:

i applied for a B2 visa last year to visit my fiance in the U.S but I was denied in January when I went for the interview because I had not met her in person.

 

my fiance had to visit me some months after that still this year and we took some pictures while she also spent time with my family and friends.

 

she has filed a K1 petition for me but said the waiting period is so unbearable to her.

 

she is planning to come over here for our marriage then go back to the U.S and file a spousal visa for me. she also wants me to come to the U.S with a B2 visa afterwards so that I stay in the U.S till the I-130 is approved then I can come home for the interview and rejoin her afterwards.

 

please I need your advise.

Wow she filed a K1 and complains about waiting period? Tell her to marry someone local!!! Makes no sense really. 

 

That’s why B2 visas are denied while there’s a pending CR1, unless you’re Chuck Norris. 

 

Apply for K1, why is she applying for CR1? Unless she wants to marry you in your country. Also if waiting period is an issue for her she can stay in your country and apply from there. Unless someone else is impatient other then her 😉😉😉

[Amadia 711]

23 hours ago, Oha said:

she also wants me to come to the U.S with a B2 visa afterwards so that I stay in the U.S till the I-130 is approved then I can come home for the interview and rejoin her afterwards.

This B2 visa might not be granted a 2nd time around. It was denied based on grounds of insufficient ties to your country.

 

Also, a K1 visa takes a shorter time (not the fastest) than the spouse visa.

It would also be a conditional visa where conditions are removed after 2yrs upon successful filing and approval of the petition.

If a bona fide marriage cannot be proven, then you can be placed in deportation proceedings.

 

^^^ This is not to scare you but educate you. 

[Crazy Cat 42,582]

3 hours ago, MariekeH said:

Your plan makes no sense. Getting married in Dec/Jan and filing for a spousal visa would prolong the "unbearable" waiting period. Plus you'd have to pay new fees.

 

Stick to the K1 and have her visit you while you wait.

I suggest they consider both options.  If possible, I would opt for the CR-1.

K-1

    More expensive than CR-1

    Requires Adjustment of Status after marriage (expensive and requires a lot of paperwork)

    Spouse can not leave the US until she receives approved Advance Parole (approx 3-4 months)

    Spouse can not work until she receives EAD (approx 3-4 months)

    some people have had problems with driver licenses, Social Security cards, leases, bank account during this period .

    Spouse will not receive Green Card for many months after Adjustment of Status is filed.

CR-1

    Less expensive than K-1

    No AOS required.

    Spouse can immediately travel outside the US

    Spouse can start work if desired

    Spouse receives Social Security Card and Green Card withing 2 or 3 weeks after entering the US

    Spouse  has legal permanent Resident status IMMEDIATELY upon entry to US.

 

All-in-all, the CR-1 is superior to the K-1 imo.

[DaveAndAnastasia 2,096]

Umm... he's already got a K-1 that's been in process for a few months if I'm reading this right (though he hasn't filled out his timeline).

 

Even given that a CR-1 has a lot of advantages over a K-1 (which I agree it does, it's just that getting married in Russia or a 3rd country was impractical for us), there's certainly no point in abandoning one and doing a CR-1 now unless either

 

1) you'd be able to file via DCF if you married right away (since they're not currently living together, this seems extremely unlikely) OR

2) you're applying from a country where K-1s are very rarely granted

 

A non-DCF CR-1 won't get you to living together in the US faster than a K-1 that's already been processing for a few months. It won't even get the beneficiary able to work and travel outside the US faster.

 

IMO, the best thing for the OP and his fiancee to do is just visit as often as they can reasonably manage and wait on the K-1. If he is from a country where K-1s are rarely granted, more time together in person almost certainly can do nothing but help their case.

[Marieke H 2,524]

3 hours ago, missileman said:

I suggest they consider both options.  If possible, I would opt for the CR-1.

K-1

    More expensive than CR-1

    Requires Adjustment of Status after marriage (expensive and requires a lot of paperwork)

    Spouse can not leave the US until she receives approved Advance Parole (approx 3-4 months)

    Spouse can not work until she receives EAD (approx 3-4 months)

    some people have had problems with driver licenses, Social Security cards, leases, bank account during this period .

    Spouse will not receive Green Card for many months after Adjustment of Status is filed.

CR-1

    Less expensive than K-1

    No AOS required.

    Spouse can immediately travel outside the US

    Spouse can start work if desired

    Spouse receives Social Security Card and Green Card withing 2 or 3 weeks after entering the US

    Spouse  has legal permanent Resident status IMMEDIATELY upon entry to US.

 

All-in-all, the CR-1 is superior to the K-1 imo.

I agree, the CR-1 is the better option if you're just starting this process. But OP has already filed the K1, and is now considering applying for a spousal visa early 2019, because the wait is unbearable. I was just saying that it makes no sense to try to fix the "unbearable" waiting by getting married at the end of this year and starting a whole new process then.

 

But yes, looking back I should have done CR-1 instead of K-1, and I recommend the CR-1 to anyone who is just starting on this journey and looking at their options.