Fiance and Mother Petition

[ces07 7]

Hi everyone! It's my first time posting here, but have been a lurker for few months now. Anyway,  my ultimate goal is to bring my mother and fiance here in the States at the same time. Knowing the processing time for a parent is longer (usually 12-13 months) compared to fiance (8-9 months), I started the petition for my mother in April 2018. Assuming there would be no delays, completion or interview would be May of 2019. 

 

And now, for the fiance petition, I figured I can start her petition this month, and hoping to be complete by May of 2019 as well. 

 

Would you guys suggest that I wait for my mother's petition to be completed before I filed for my fiance? Or it doesn't matter at all? Is it true that the petition needs to be within the last 2 years since we last met each other? The last time we were together was in January 2017. 

 

My annual income is about $30,500, if that's necessary.

 

Thanks!

[MikeMc 38]

7 minutes ago, ces07 said:

Hi everyone! It's my first time posting here, but have been a lurker for few months now. Anyway,  my ultimate goal is to bring my mother and fiance here in the States at the same time. Knowing the processing time for a parent is longer (usually 12-13 months) compared to fiance (8-9 months), I started the petition for my mother in April 2018. Assuming there would be no delays, completion or interview would be May of 2019. 

 

And now, for the fiance petition, I figured I can start her petition this month, and hoping to be complete by May of 2019 as well. 

 

Would you guys suggest that I wait for my mother's petition to be completed before I filed for my fiance? Or it doesn't matter at all? Is it true that the petition needs to be within the last 2 years since we last met each other? The last time we were together was in January 2017.  

 

My annual income is about $30,500, if that's necessary. 

  

Thanks!

 

Not sure about the other parts, but for your income you meet the requirements for a family of 3 with the 120% over fed poverty level. So you're good there..

[geowrian 22,337]

No issue having multiple petitions for different people.

The sooner you file, the sooner they will process. No need to go as fast as possible, so you can delay the process by a decent amount in either case, and the visa itself is valid for 6 months form the expiration of the medical.

Yes, you must have met in person within the past 2 years upon filing. This is a strict requirement that is almost never waived.

The income is above the minimum, but if the parent is elderly or not working age, expect to cover healthcare costs too.

[ces07 7]

Okay. I will file before the two years is up (January 2019). I will probably post more questions in the future.

 

Thanks again!

[TM92 527]

18 minutes ago, ces07 said:

but have been a lurker for few months now.

I assume you have seen the following analysis by @missileman:

Quote

This is my analysis of a K-1 vs a 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.

If the CR-1 piques your interest, it is possible to purposely delay your mother's visa following @geowrian's advise above.

[ces07 7]

Yup. I was actually thinking about that as well, but I think I'm okay with K-1.

 

Any other reason why I should opt for CR-1 that is not listed on that list?

EDIT: And how many months before the spouse gets the green card after adjustment of status?

Edited September 13, 2018 by ces07

[TM92 527]

8 minutes ago, ces07 said:

And how many months before the spouse gets the green card after adjustment of status?

It depends; where do you live? A relatively fast field office is about 5 months; a slow one is about 13 months. Here is some unofficial (and imperfect) data: http://www.visajourney.com/timeline/aosstats.php

[CharleneB 112]

36 minutes ago, TM92 said:

I assume you have seen the following analysis by @missileman:

If the CR-1 piques your interest, it is possible to purposely delay your mother's visa following @geowrian's advise above.

This comparison always bugs me. It’s all the cons of k1 and all the pros of cr-1; clearly biased. 

 

The main pro of the k1 is that it is a bit quicker. Not just in terms of the actual immigration process but op could start petitioning today whereas if he wanted to go the cr-1 route he’d have to plan another trip which could be months down the line. It also makes the “it costs more” point a mute one as he (or anyone in a similar situation) would have to buy a plane ticket and handle other traveling expenses. 

 

Not saying one or the other is better. It all depends on people’s situation. I do think it’s better to present pros and cons of both alternatives. 

[geowrian 22,337]

3 minutes ago, CharleneB said:

This comparison always bugs me. It’s all the cons of k1 and all the pros of cr-1; clearly biased. 

 

The main pro of the k1 is that it is a bit quicker. Not just in terms of the actual immigration process but op could start petitioning today whereas if he wanted to go the cr-1 route he’d have to plan another trip which could be months down the line. It also makes the “it costs more” point a mute one as he (or anyone in a similar situation) would have to buy a plane ticket and handle other traveling expenses. 

 

Not saying one or the other is better. It all depends on people’s situation. I do think it’s better to present pros and cons of both alternatives. 

Agreed that it depends on what is important to the couple, but also the only pro of a K-1 is being in the US faster (and a niche case with a child age 18-20). The K-1 is inferior in every other way for various reasons.

[ces07 7]

22 hours ago, TM92 said:

It depends; where do you live? A relatively fast field office is about 5 months; a slow one is about 13 months. Here is some unofficial (and imperfect) data: http://www.visajourney.com/timeline/aosstats.php

Northern California.

[Ontarkie 14,234]

~~Moved to What Visa Do I Need, from K1 P&P - The OP is exploring his options with his fiance and asking about petitioning a parent also.~~

[ces07 7]

Thanks Ontarkie for moving the thread to the right directory.

[Umka36 781]

22 hours ago, geowrian said:

Agreed that it depends on what is important to the couple, but also the only pro of a K-1 is being in the US faster (and a niche case with a child age 18-20). The K-1 is inferior in every other way for various reasons.

CR1 has no escape clause once they get here, just saying (being sarcastic in case someone takes me serious).