Still engaged after K-1 Visa. What's better now?

[A&Jul 0]

Hi,

 

Me and my fiance finished a K1 Process 2 years ago, I went to the states and we didn't made It to get married from some personal reasons. Now we are still together and want to get married In the states. 

 

What Is the best option for us? K1 Visa again? Or Marriage visa? and how long should the marriage visa will take from the moment we have a marriage certificate ?

 

Thank you

[lummo 61]

37 minutes ago, A&Jul said:

Me and my fiance finished a K1 Process 2 years ago, I went to the states and we didn't made It to get married from some personal reasons. Now we are still together and want to get married In the states. 

 

What Is the best option for us? K1 Visa again? Or Marriage visa?

Are you still in the US? If you left the US, was it before the K-1 I-94 date passed?

[A&Jul 0]

I'm not In the US. I left before the 90 days was over yes

[Crazy Cat 42,033]

Every couple has their own priorities, and each couple must decide which visa is better for their situation.

K-1
    Slightly faster arrival in the US (currently about 3 months sooner)    
    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/he receives approved Advance Parole (approx 5-6 months)    
    Spouse can not work until she/he receives EAD (approx 5-6 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.
    *Allows beneficiary's children to obtain a K-2 visa and Adjust Status based on that up to age 21

CR-1
    Slightly slower arrival in the US (currently about 3 months later)

    Less expensive than K-1    
    No Adjustment of Status(I-485, I-131, I-765) required.    
    Spouse can immediately travel outside the US    
    Spouse is authorized to work immediately upon arrival.   
    Spouse receives Social Security Card and Green Card within 2 or 3 weeks after entering the US    
    Opening a bank account, getting a driver's license, etc. are very easily accomplished with GC, SS card, and passport.

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

   * Only the biological parent (or adopted in limited cases) can petition for the child AFTER ENTERING THE US ON A CR-1.

 

Currently, the CR-1 takes about 12-14 months after submitting the paperwork.

 

Edited December 24, 2018 by missileman

[lummo 61]

4 minutes ago, A&Jul said:

I'm not In the US. I left before the 90 days was over yes

Then you have 2 options:

1. She can file a new I-129F now (if you have physically met in the last 2 years); OR
2. You travel to the US as a tourist (apply for a US tourist visa if you don't already have one), you marry, she files a I-130 to start the CR-1 process, and you leave before your tourist status ends.

If you are able to do option #2, then it's recommended. See @missileman's analysis above.

[A&Jul 0]

I'm not able to do option 2 because I got denied for tourist visa and they didn't like the fact that I didn't got married at the first K1 Visa.

 

We can do the 1-129 but the question Is If It's better chances than the I-130. The question what's better In our situation that we want to get the better chances and the faster process. 

 

 

[lummo 61]

5 minutes ago, A&Jul said:

We can do the 1-129 but the question Is If It's better chances than the I-130. The question what's better In our situation that we want to get the better chances and the faster process.

If you want the official marriage to happen in the US, then K-1 is the only option. But you can marry in Israel (or other country), do the CR-1, and then have a renewal of vows in the US.

[K & R 343]

6 minutes ago, A&Jul said:

I'm not able to do option 2 because I got denied for tourist visa and they didn't like the fact that I didn't got married at the first K1 Visa.

 

We can do the 1-129 but the question Is If It's better chances than the I-130. The question what's better In our situation that we want to get the better chances and the faster process. 

 

 

If you’ve been denied a tourist visa for this very reason I would get married in your country and file the CR1 visa. You can appeal a denied CR1. You cannot appeal a denied K-1. Also if you are already married questions about whether or not you would get married on the k-1 visa if it was issued again would be avoided. 

[Crazy Cat 42,033]

10 minutes ago, A&Jul said:

I'm not able to do option 2 because I got denied for tourist visa and they didn't like the fact that I didn't got married at the first K1 Visa.

 

We can do the 1-129 but the question Is If It's better chances than the I-130. The question what's better In our situation that we want to get the better chances and the faster process. 

 

 

A "better chance" is irrelevant......both visas are contingent on a bona fide relationship.  A K-1 will allow the fiance to arrive in the US about 3 months sooner, but a CR-1 will give the immigrant spouse full legal permanent resident status immediately upon arrival.......if there are no children immigrating, the CR-1 is a much smoother route to having a Green card in hand.......see my post above.

[lummo 61]

26 minutes ago, missileman said:

* Only the biological parent (or adopted in limited cases) can petition for the child AFTER ENTERING THE US ON A CR-1.

But USC stepparents are eligible to petition children before the foreign spouse enters the US: https://www.visajourney.com/content/child "A stepchild if the marriage creating the steprelationship took place before the child reached the age of 18" The I-130s are processed separately. I have seen stepchildren enter the US with IR-2 way before the foreign spouse entered with a IR-1. Adoption is not required.

Edited December 24, 2018 by lummo

[Crazy Cat 42,033]

1 minute ago, lummo said:

But USC stepparents are eligible to petition children before the foreign spouse enters the US: https://www.visajourney.com/content/child "A stepchild if the marriage creating the steprelationship took place before the child reached the age of 18" The I-130s are processed separately. I have seen stepchildren enter the US with IR-2 way before the foreign spouse entered with a IR-1.

Thanks

[geowrian 22,338]

6 hours ago, lummo said:

But USC stepparents are eligible to petition children before the foreign spouse enters the US: https://www.visajourney.com/content/child "A stepchild if the marriage creating the steprelationship took place before the child reached the age of 18" The I-130s are processed separately. I have seen stepchildren enter the US with IR-2 way before the foreign spouse entered with a IR-1. Adoption is not required.

Correct.

That line is actually from me, but is lacking the context in which it was provided (notably "only if the marriage occurred from age 18 onward").

Edited December 24, 2018 by geowrian

[pushbrk 13,043]

7 hours ago, missileman said:

 

   * Only the biological parent (or adopted in limited cases) can petition for the child AFTER ENTERING THE US ON A CR-1.

 

I have no idea why you confused the issue with this line.  It is NOT correct, and probably irrelevant to the OP's questions.

[pushbrk 13,043]

7 hours ago, A&Jul said:

I'm not able to do option 2 because I got denied for tourist visa and they didn't like the fact that I didn't got married at the first K1 Visa.

 

We can do the 1-129 but the question Is If It's better chances than the I-130. The question what's better In our situation that we want to get the better chances and the faster process. 

 

 

The third option should have been simply to marry ANYWHERE.  Not sure why anybody assumed it was a priority for the marriage to take place in the US.  The "chances" are better with a spouse visa, and if working is a priority, (can't work in the US for about a year after entering with a k1) then it's probably the best choice.  You really can't get fastest and better chance.  Work out your priorities and make the decision that best matches them.

[Crazy Cat 42,033]

9 minutes ago, pushbrk said:

I have no idea why you confused the issue with this line.  It is NOT correct, and probably irrelevant to the OP's questions.

Then, please correct my mistake.....