K1 visa & finalizing divorce - are we stuck?

[tomuk 25]

1 hour ago, radharose said:

@tomuk Just going to throw it out there that you should maybe look at getting married in your country and applying for a CR1 visa instead of the K1.  Nowadays there's not much difference in the processing time to approve either visa (I expect by April 2019 the wait will be even longer for K1), so you would spend about the same amount of time apart during processing, but when you are approved for the CR1 visa you also receive your green card along with it so you can work right away.  The K1 visa requires more waiting and paperwork (and filing fees) after you arrive to get your green card and/or permission to work.  Just something to consider.

I assume that is K3 visa, isn't it? I heard this makes harder to get permanent status in US. How K1 visa required more waiting and paperwork? What am I missing?

[Roel 7,192]

23 minutes ago, tomuk said:

I assume that is K3 visa, isn't it? I heard this makes harder to get permanent status in US. How K1 visa required more waiting and paperwork? What am I missing?

K3 is non existing. 

There is a thing called AOS after K1 portion of the process. It takes about 12 months to compete and only then you receive a green card. It required filling up a lot of paperwork plus over 1200$ fee. 

 

 

[geowrian 22,337]

53 minutes ago, tomuk said:

I assume that is K3 visa, isn't it? I heard this makes harder to get permanent status in US. How K1 visa required more waiting and paperwork? What am I missing?

K-3 is obsolete. A spouse would go for a CR-1 visa (or IR-1 if married over 2 years).

 

The I-129F + K-1 is only the first steps in a long process. They won't get a green card at the end of those....just entry into the US for 90 days to marry and the ability to apply for a green card based on that marriage.

 

1) I-129F -> NVC -> Embassy -> Interview -> Visa -> POE

2) -> Marriage -> AOS (I-485/I-131/I-765) -> Biometrics -> Obtain EAD/AP to work/travel -> Interview -> 2 year green card (if married less than 2 years at the time)

3) -> ROC (within 90 days of the card expiring) -> Waiting/Maybe biometrics -> Interview (Optional) -> 10 year green card.

4) -> N-400 (naturalization) -> Interview -> Oath ceremony

 

Not everyone goes through the same steps, sometimes there's overlaps, etc. But the typical process is above. Naturalization is optional.

 

Edit: A CR-1 visa (spousal visa) basically skips step 2 since you get permanent residency (green card) upon entry.

Edited August 16, 2018 by geowrian

[tomuk 25]

Damn, that's new to me. So you think that CR-1 visa is faster to enter the country than K1 visa? Or you are just pointing out that everything is easier to get after you have the visa? I heard that there were some issues with K3 visa (whenever it existed) to get residency after enter...

[Roel 7,192]

Forget about k3.

K1 is slight faster to get to the US but there is a lot to do after entry before you're allowed to work and/or become a legal resident. 

 

On cr1 visa you become resident after entry. 

 

Both have to go through ROC stage. 

 

Kind of shocked that you decided to go with K1 but didn't know that there is much more to do. 

[NikLR 13,227]

4 minutes ago, tomuk said:

Damn, that's new to me. So you think that CR-1 visa is faster to enter the country than K1 visa? Or you are just pointing out that everything is easier to get after you have the visa? I heard that there were some issues with K3 visa (whenever it existed) to get residency after enter...

K1 and K3 both require AOS (adjustment of status).

 

K3 are very rarely granted.  Like less than .1% of the time.  Most are continued on as CR1.

 

CR1 visas are superior upon entry to the USA. They generally take longer than a K1 to visa but you immediately have a green card and status within the the USA.  You can work right away.  You can travel outside the USA.  You can apply for a driver's license etc... Whereas with the K1 you have to get married, then file the AOS paperwork and in about 6 months you get the EAD/AP (employment authorization document and Advance Parole) which allows you to finally start working and travelling if you want.  You don't generally receive a green card for about a year after filing AOS.  

[geowrian 22,337]

6 minutes ago, tomuk said:

Damn, that's new to me. So you think that CR-1 visa is faster to enter the country than K1 visa? Or you are just pointing out that everything is easier to get after you have the visa? I heard that there were some issues with K3 visa (whenever it existed) to get residency after enter...

CR-1 is a few months longer to obtain and enter the country: ~12-16 months vs ~8-12 months. But The AOS process is taking the better part of a year (or 2 for some USCIS field offices), so it's a decent chunk of time + fees to cut out of the process. The obvious drawback being you are separated longer. There is no "right" answer for which one is better for your circumstances...it's a personal decision. But it's best to consider both and not just which one is initially shorter.

[tomuk 25]

6 minutes ago, Roel said:

Forget about k3.

K1 is slight faster to get to the US but there is a lot to do after entry before you're allowed to work and/or become a legal resident. 

 

On cr1 visa you become resident after entry. 

 

Both have to go through ROC stage. 

 

Kind of shocked that you decided to go with K1 but didn't know that there is much more to do. 

I knew about K3 visa. Right now, I see there is another option. Comparing K1 and K3, I have definitely chosen K1. CR-1 is new to me and we will definitely consider it. I see the point to get some stuff easier. Thank you for that. In my situation, it might be definitely better. I will study it.

5 minutes ago, NikLR said:

K1 and K3 both require AOS (adjustment of status).

 

K3 are very rarely granted.  Like less than .1% of the time.  Most are continued on as CR1.

 

CR1 visas are superior upon entry to the USA. They generally take longer than a K1 to visa but you immediately have a green card and status within the the USA.  You can work right away.  You can travel outside the USA.  You can apply for a driver's license etc... Whereas with the K1 you have to get married, then file the AOS paperwork and in about 6 months you get the EAD/AP (employment authorization document and Advance Parole) which allows you to finally start working and travelling if you want.  You don't generally receive a green card for about a year after filing AOS.  

You won't get employment authorization after ~1-2 months you prove that you married? That's what I live with. Wrong information?

 

So basically, CR-1 can (I understand that it depends on) shorter the period of time being apart, right?

 

I feel right now I am getting help what I was initially looking for. Thank you guys.

Edited August 16, 2018 by tomuk

[NikLR 13,227]

3 minutes ago, tomuk said:

I knew about K3 visa. Right now, I see there is another option. Comparing K1 and K3, I have definitely chosen K1. CR-1 is new to me and we will definitely consider it. I see the point to get some stuff easier. Thank you for that. In my situation, it might be definitely better. I will study it.

You won't get employment authorization after ~1-2 months you prove that you married? That's what I live with. Wrong information?

 

So basically, CR-1 can (I understand that it depends on) shorter the period of time being apart, right?

 

I feel right now I am getting help what I was initially looking for. Thank you guys.

No  with the K1 visa, you won't be able to be able to be employed for about 4-6 months after you file AOS, which is AFTER you get marred.  It is not 1-2 months after marriage. 

 

CR1 means longer time apart, the visa takes 12-14 months.  BUT it means you have a superior visa upon entry. 

Edited August 16, 2018 by NikLR

[NikLR 13,227]

I think what you're missing is the adjustment of status which is a lot of paperwork after arrival. 

http://www.visajourney.com/content/k1flow

So with the K1 you use this guide and it takes about 10 months:

http://www.visajourney.com/content/k1guide

Then you use this guide which takes about 12 months:

http://www.visajourney.com/content/k1k3aos

 

About 6 months in you get the EAD (work authorization) and THEN you get a green card at about the year mark. 

 

CR1 you get married and do this: 

http://www.visajourney.com/content/i130guide1

 

There is no adjustment of status.  You have a green card upon arrival. 

 

[tomuk 25]

Just now, NikLR said:

I think what you're missing is the adjustment of status which is a lot of paperwork after arrival. 

http://www.visajourney.com/content/k1flow

So with the K1 you use this guide and it takes about 10 months:

http://www.visajourney.com/content/k1guide

Then you use this guide which takes about 12 months:

http://www.visajourney.com/content/k1k3aos

 

About 6 months in you get the EAD (work authorization) and THEN you get a green card at about the year mark. 

 

CR1 you get married and do this: 

http://www.visajourney.com/content/i130guide1

 

There is no adjustment of status.  You have a green card upon arrival. 

 

To me, it's sounds to be shorter time being apart, even visa take longer. I have to make money somehow. Not having green card does not change my problem, or I don't understand how to be in US legally after marriage and 90 days of validity K1 visa. 2 months longer to get approved and be able to do everything is better than to put everything in risk, even with my situation (see my initial question). I will consider to change our plans. We have still 6 months for investigation.

[NikLR 13,227]

1 minute ago, tomuk said:

To me, it's sounds to be shorter time being apart, even visa take longer. I have to make money somehow. Not having green card does not change my problem, or I don't understand how to be in US legally after marriage and 90 days of validity K1 visa. 2 months longer to get approved and be able to do everything is better than to put everything in risk, even with my situation (see my initial question). I will consider to change our plans. We have still 6 months for investigation.

What you've said makes no sense.

 

the K1 visa takes less time so you are apart less

the CR1 takes more time plus you have to get married first (after your fiancee's divorce is finalized.)

 

The AOS is what happens AFTER you arrive on the K1 and get married.  That's how you remain legally in the USA. 

[Roel 7,192]

You really need to do some serious research or consider getting a lawyer to take you through this process, you seem to be confusing a lot of things. 

[Jojo92122 1,924]

2 hours ago, radharose said:

@tomuk Just going to throw it out there that you should maybe look at getting married in your country and applying for a CR1 visa instead of the K1.  Nowadays there's not much difference in the processing time to approve either visa (I expect by April 2019 the wait will be even longer for K1), so you would spend about the same amount of time apart during processing, but when you are approved for the CR1 visa you also receive your green card along with it so you can work right away.  The K1 visa requires more waiting and paperwork (and filing fees) after you arrive to get your green card and/or permission to work.  Just something to consider.

Everything you said is true.

 

With either the CR-1 or K-1 path, the OP must wait until his US citizen fiancee finalizes her divorce and is free to marry.  Nothing can be filed while she is waiting for her divorce finalize.

 

Don't want OP to think that they can get marry now in his country and avoid the cooling off period for a divorce in her state.

[Jojo92122 1,924]

48 minutes ago, tomuk said:

I knew about K3 visa. Right now, I see there is another option. Comparing K1 and K3, I have definitely chosen K1. CR-1 is new to me and we will definitely consider it. I see the point to get some stuff easier. Thank you for that. In my situation, it might be definitely better. I will study it.

You won't get employment authorization after ~1-2 months you prove that you married? No.  You get employment authorization after marriage AND filing for EAD with your AOS.  The current wait is 4-6 months AFTER filing for the EAD.  That's what I live with. Wrong information?  Wrong information.  

 

So basically, CR-1 can (I understand that it depends on) shorter the period of time being apart, right?  No.  Usually, the CR-1 is a longer separation.  The advantages of the CR-1 is an immediate green card upon arrival which authorizes the person to work immediately.  Usually, the K-1 is a shorter wait but has the disadvantages of needing to file for another process, AOS, and not being able to work for 4-6 months.  

 

I feel right now I am getting help what I was initially looking for. Thank you guys.

You have so much to learn if you are going to do this yourself.

 

Here's a shortcut for you.

 

1.  Nothing can be done until she finalizes her divorce and is free to marry.   This includes marrying you in your country.
 

2.  After her divorce is finalized and she is free to marry, there are only 2 potential paths for you to immigrate to the US through her.  You can pick either the K1 fiance visa which requires getting a K-1 visa, entering the US, marrying in the US, filing for AOS, filing for AP/EAD with your AOS, waiting for 4-6 months for work authorization, and over a year after filing for your green card to arrive, or pick a CR-1 spousal visa which requires you to marry outside the US before filing for the CR-1, getting the CR-1 visa, and entering the US to activate your green card and be able to work immediately. 

Personally, I would go with the CR-1 if the ability to work is necessary in the first 4-6 months of being here in the US.