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chris12345

Overseas foreign fiance to be married, want to bring her in. a few questions.

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9 minutes ago, chris12345 said:

Guys certainly a great advice and yes it seems the best way other than the longer waiting time. Another question: I checked the statistics of people who apply for K1/CR1, and the vast majority still chooses K1 over CR1. Why does this happen?

Also because people are impatient and too preoccupied with simply bringing their loved one over ASAP, even if it's only by a few months.

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31 minutes ago, chris12345 said:

I checked the statistics of people who apply for K1/CR1, and the vast majority still chooses K1 over CR1. Why does this happen?

They don't:

https://travel.state.gov/content/dam/visas/Statistics/AnnualReports/FY2017AnnualReport/FY17AnnualReport-TableVIII.pdf

https://travel.state.gov/content/dam/visas/Statistics/AnnualReports/FY2017AnnualReport/FY17AnnualReport-TableXVIB.pdf

K-1 (fiance of a USC) visas issued in FY17: 34,797

CR-1 + IR-1 (spouse of a USC) visas issued in FY17: 70,809 + 41,822 = 112,631

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

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Filed: AOS (pnd) Country: El Salvador
Timeline
2 hours ago, chris12345 said:

2. Can a person in K1 visa attend university? (I already read that can't work)

In which state(s) are the schools she wants to attend? State residency laws for tuition purposes vary wildly. Even with CR-1 some states, like Wisconsin for example, have laws that presume all students are non-residents for tuition purposes until sufficient information is provided to overturn that decision (some states have specific exemptions; like California). And its not as easy as saying "my primary reason to live in this state is not education, it's to live with my fiance/husband."

Your Input Is Appreciated On This VJ Guide Proposal: 

 

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9 hours ago, Boiler said:

Total tosh as anybody half familiar with the process would instantly recognise.



Right?! This part had me rolling.

"Under Obama, the immigrant didn’t even face an overseas interview to see if the relationship was real. That has changed, wrote North for CIS."

*More detailed timeline in profile!*
 
Relationship:     Friends since 2010, Together since 2013

 K-1:   2015 Done in 208 days - 212g for Second Cosponsor    

Spoiler

04/27/15- NOA1 Recieved                                                    
06/02/15 - NOA2 Recieved
09/22/15 - Interview       (221g for more documents (a SECOND cosponsor), see profile for more details!)                                            
11/09/15 -  ISSUED!!                                                              
11/10/15 - Passport received                                                
02/20/16 - Wedding!              

                                         
 AOS:   2016 Done in 77 days - No RFE, No Interview                                                                    

Spoiler

04/08/16 - I-485, I-765, I-131 AOS Application recieved by USCIS
04/12/16 - 3 NOA1's received in mail
05/14/16 - Biometrics for AOS and EAD
06/27/16 - I-485 Case to changed to "New Card being produced"  (Day 77)
06/27/16 - I-485 Case changed to Approved! (Day 77)
06/30/16 - I-485 Case changed to "My Card has been mailed to me!"
07/05/16 - Green Card received in mail! 

 


ROC:   2018 - 2019 Done in 326 days - No RFE, No Interview

Spoiler

 

05/09/18 - Mailed out ROC to CSC

05/10/18 - CSC Signed and received ROC package
06/07/28 - NOA1 

06/11/18 - Check cashed

06/15/18 - NOA received in the mail
08/27/18 - 18 month extension received (Courtesy Copy)

09/18/18 - Request for official 18 month extension
10/22/18 - Official 18 month extension received 

02/27/19 - Biometrics waived 

04/29/19 - New card being produced!
05/09/19 - USPS delivered green card! In hand now!

 

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Filed: Citizen (apr) Country: Russia
Timeline
8 hours ago, geowrian said:

Though that's not directly comparable, I think. I'd guess virtually all IR1s and non-trivial percentage of CR-1s were living together abroad without immediate plans to immigrate when they got married (even if they expected to eventually).

K-1                             AOS                            
NOA1 Notice Date: 2018-05-31    NOA1 Notice Date: 2019-04-11   
NOA2 Date: 2018-11-16           Biometrics Date: 2019-05-10    
Arrived at NVC:  2018-12-03     EAD/AP In Hand: 2019-09-16     
Arrived in Moscow: 2018-12-28   GC Interview Date: 2019-09-25      
Interview date: 2019-02-14      GC In Hand: 2019-10-02
Visa issued: 2019-02-28
POE: 2019-03-11
Wedding: 2019-03-14

ROC                             Naturalization
NOA1 Notice Date: 2021-07-16    Applied Online: 2022-07-09 (biometrics waived)
Approval Date: 2022-04-06       Interview was Scheduled: 2023-01-06
10-year GC In Hand: 2022-04-14  Interview date: 2023-02-13 (passed)
                            	Oath: 2023-02-13

 

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Filed: F-1 Visa Country: Philippines
Timeline

Most likely, the K-1 visa will get her into the US faster.  But then you will need to file for adjustment of status (AOS) to get a green card so the total time may be less for the spousal visa. So what is your priority? If you want to be together go for the K-1 but if you need her to have a green card upon arrival then spousal may be the way.  Also note that pending the green card she can get temporary work authorization after filing for AOS so she can work before having the green card in hand.  It took my wife 5 months to get employment authorization and another 4 months before green card interview.

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Filed: Citizen (apr) Country: Russia
Timeline

To the OP, the simple fact is that if you and your fiancé have decided to get married, take the CR1 route.  The K1 has its purpose, but the CR1 is definitely a much more superior and less costly visa.  If my wife and I had the choice all over again, we would have gone the CR1 route.  There are a lot of stats, and mis-information out there, but if you are in a committed relationship, just move forward and ignore them.

 

Good Luck!

Visa Received : 2014-04-04 (K1 - see timeline for details)

US Entry : 2014-09-12

POE: Detroit

Marriage : 2014-09-27

I-765 Approved: 2015-01-09

I-485 Interview: 2015-03-11

I-485 Approved: 2015-03-13

Green Card Received: 2015-03-24 Yeah!!!

I-751 ROC Submitted: 2016-12-20

I-751 NOA Received:  2016-12-29

I-751 Biometrics Appt.:  2017-01-26

I-751 Interview:  2018-04-10

I-751 Approved:  2018-05-04

N400 Filed:  2018-01-13

N400 Biometrics:  2018-02-22

N400 Interview:  2018-04-10

N400 Approved:  2018-04-10

Oath Ceremony:  2018-06-11 - DONE!!!!!!!

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Filed: AOS (apr) Country: Philippines
Timeline
12 minutes ago, Bill & Katya said:

To the OP, the simple fact is that if you and your fiancé have decided to get married, take the CR1 route.  The K1 has its purpose, but the CR1 is definitely a much more superior and less costly visa.  If my wife and I had the choice all over again, we would have gone the CR1 route.  There are a lot of stats, and mis-information out there, but if you are in a committed relationship, just move forward and ignore them.

 

Good Luck!

Definition of superior is subjective.   In my case the k-1 was a superior choice 

YMMV

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11 hours ago, TM92 said:

In which state(s) are the schools she wants to attend? State residency laws for tuition purposes vary wildly. Even with CR-1 some states, like Wisconsin for example, have laws that presume all students are non-residents for tuition purposes until sufficient information is provided to overturn that decision (some states have specific exemptions; like California). And its not as easy as saying "my primary reason to live in this state is not education, it's to live with my fiance/husband."

Louisiana

You can't step into the same river twice

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30 minutes ago, payxibka said:

Definition of superior is subjective.   In my case the k-1 was a superior choice 

Can you please explain why? Thanks!

44 minutes ago, Bill & Katya said:

To the OP, the simple fact is that if you and your fiancé have decided to get married, take the CR1 route.  The K1 has its purpose, but the CR1 is definitely a much more superior and less costly visa.  If my wife and I had the choice all over again, we would have gone the CR1 route.  There are a lot of stats, and mis-information out there, but if you are in a committed relationship, just move forward and ignore them.

 

Good Luck!

Thank you!

You can't step into the same river twice

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Filed: AOS (apr) Country: Philippines
Timeline
4 minutes ago, chris12345 said:

 

Can you please explain why? Thanks!

Thank you!

Because my fiancee didn't want to get married until 2019.  If we went spouse visa, we would be waiting until 2020 for her to arrive in the USA.  Superiority is a personal decision based on your own facts and circumstances,  not other posters facts and circumstances 

Edited by payxibka

YMMV

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Filed: K-1 Visa Country: Wales
Timeline

Not sure Louisiana is that Progressive.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Filed: Timeline
12 hours ago, chris12345 said:

Guys: For the K1 scenario, let's say everything goes well and fiance comes in with this visa and lets say marriage takes place asap. Does that mean that we can apply for adjustment right away? Does that mean that after this application she can work/attend university? Or not? If not, what she is supposed to do? Looking at the house walls? :)

My wife got here in late August, got married at the end of September and filed the AOS right afterward. She was able to go to school right away (for her it was ESL) before filing the AOS. You will need to check the school as each one will differ on requirements. My wife had to wait a year in order to be considered a resident student at a State school.

 

What is she supposed to do, well that needs to be discussed in advance with her. If the CR1 is not an issue for the two of you, then go that route instead of the K1. We chose the K1 as it was the best option for us. I took 2 weeks off work to help with my wife's adjustment when she first got here, and I spent ever time I could to be with her as she transition to her new home country.

 

We are also lucky that we are either within walking or mass transit to the shopping/library/college. My wife befriended a few ESL students and they are still friends to this day (over 7 years ago). It's going to be hard on the immigrant no matter what. I think it is a cake walk when I look back at it now (I imagine my wife as well) compared to raising our two little boys.

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3 hours ago, DaveAndAnastasia said:

Though that's not directly comparable, I think. I'd guess virtually all IR1s and non-trivial percentage of CR-1s were living together abroad without immediate plans to immigrate when they got married (even if they expected to eventually).

You would be surprised. It's anecdotal, but most cases seen here on VJ for marriage visas (not AOS) tend to be couples living apart. This in no way validates the larger set of cases VJ does not see - and the cases seen here do tend to be more difficult ones compared to the norm IMO - I'd argue that the reference stats are a fairly good starting point for comparison.

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

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