Location when filing the I-129f petition

[Kingdomcome84 18]

3 hours ago, carmel34 said:

The comments about K1 being faster than CR1 are not accurate because there is more to the process than just the initial visa.  Do more research on processing times and you'll see that K1 is taking almost as long as CR1 from filing to visa interview 

K-1 from filling to interview = 6 to 9months

CR1 from filling to interview = 12 to 15 months

 

your almost waiting twice as long. CR1 has more benefits for the longer wait time but some couples miss their partners so much their willing to sacrifice some of those benefits to shorten the wait time. Some couples don't want to do weddings abroad because traditional marriages are over the top(2-3days long in some countries) and very time consuming.

 

4 hours ago, aaron2020 said:

They do have to be truthful if asked.  If they aren't truthful when asked, then they would be lying.  You aren't suggesting they lie if they are asked directly right?  

im not suggesting to lie but the OP is gonna do whatever it takes to get a visa for their fiancé

[Crazy Cat 41,850]

21 minutes ago, kingdomcome84 said:

K-1 from filling to interview = 6 to 9months

The average time from NAO1 to interview (as reported by other VJ members) for a K-1 is 296 days (9.9 months).......then add the time (many months) from US entry to having a Green Card in hand.....

 

The average time from NAO1 to interview (as reported by other VJ members) for a CR-1 is 410 days (13.7 months).......The new immigrant has Green card immediately upon arrival in US.

 

Twice as long for CR-1?   Hardly!!

Edited January 23, 2019 by missileman

[payxibka 10,045]

The OPs best option is to finalize the marriage in Thailand and file the i130 in Bangkok.   Thus avoiding any stateside petition and any debate about speed to POE or GC because the Bangkok filing is faster, better, smarter 

[aaron2020 11,651]

37 minutes ago, kingdomcome84 said:

K-1 from filling to interview = 6 to 9months

CR1 from filling to interview = 12 to 15 months

 

your almost waiting twice as long. CR1 has more benefits for the longer wait time but some couples miss their partners so much their willing to sacrifice some of those benefits to shorten the wait time. Some couples don't want to do weddings abroad because traditional marriages are over the top(2-3days long in some countries) and very time consuming.

 

im not suggesting to lie but the OP is gonna do whatever it takes to get a visa for their fiancé

You got your numbers wrong.  It doesn't take almost twice as long for a CR-1 vs. a K-1.  

The link that I shared earlier said a legal marriage in Thailand can be done in one day.  They've already done the traditional wedding so your 2-3 days is moot.  

Also, you left out the fact that the OP has access to DCF in Thailand.  DCF in Thailand for a CR-1 is the fastest way to immigrate to the US at the lowest cost.  

 

And saying that the OP is gonna do whatever it takes to get a visa for his wife is just semantics for encouraging people to lie.  

Edited January 23, 2019 by aaron2020

[Crazy Cat 41,850]

11 minutes ago, payxibka said:

The OPs best option is to finalize the marriage in Thailand and file the i130 in Bangkok.   Thus avoiding any stateside petition and any debate about speed to POE or GC because the Bangkok filing is faster, better, smarter 

Good point....With DCF, we're talking 3 or 4 months to CR-1?

[C90 376]

15 hours ago, hendo25 said:

I'm not sure that I fully understand what you and several other forum members are saying.  

 

In Thailand, unless you formally "register" your marriage with the local government (Amphur), you are not legally married, either in the eyes of Thailand or the U.S.  I am in Thailand on a "Retirement" visa.  I am not eligible for a "Marriage" visa because I'm not legally married.  I would be denied if I applied for one.  There is no "too married" for this or "not married enough" for that. You aren't married. And there should be no problem filing for the K-1 visa. The CR-1 is a lot more complicated, takes longer to process, and is more expensively front loaded.

 

Several posters have mentioned "many denials" at the embassy interviews.  Have any of these been at the U.S. embassy in Bangkok, Thailand?  

 

I appreciate the answers, but I've spoken to several immigration attorneys who say it's fine to file the K-1 in our circumstances.

 

Thank you for your kind responses to my question.  This forum is an amazing resource for people seeking practical immigration information.

 

Thanks, again.

 

 

Have to agree with everyone saying K1 is going to be very difficult if not impossible since you had the ceremony. The consulate doesn't care if the ceremony was or was not a legal marriage. If they think it was a marriage ceremony they can choose to deny the visa, even if you're not legally married. So yeah, technically you're eligible for the K1, but the chance that the officer won't agree with you on the ceremony thing is pretty big and you won't get your fees back. In the end its up to you and your fiancé if you want to take that risk. (there's always a risk at denial with any visa, but do you want to increase it?)

 

Also, CR-1 is cheaper then K1 and just as 'complicated'. With K1 you have to pay to file for the visa ($535 + costs for medical and interview) but you also have to file for your fiancé's (then spouse) Greencard once (s)he's in the US. That's another $1200+, not to mention (s)he can't work or leave the country for at least the first 4-6 months (current processing time of EAD/AP).  With CR-1 you pay to file for the visa ($535 + costs for medical and interview) and that's it! Once your spouse steps foot in the US (s)he will get his/her Greencard within weeks and is ready to work. 

Edited January 23, 2019 by C90

[carmel34 3,626]

4 hours ago, kingdomcome84 said:

K-1 from filling to interview = 6 to 9months

CR1 from filling to interview = 12 to 15 months

 

As others have pointed out, your numbers are outdated and not accurate.  K1 is currently nearly 10 months (average) and CR1/IR1 is 13 months, so only three months faster.  Then, EAD/AP after K1 to be able to work and travel is currently 5 months, plus at least a month to marry in the US (some take 3 months to make plans and marry), so from filing the petition to be able to live and work normally in the US with a K1 is 16 months vs 13 for spousal visas.  Also AOS for a K1 is currently one year to a GC.  So time to GC is 22 months for K1 recipients vs 13 months for CR1/IR1.  So a more accurate summary would be that K1 takes nearly  twice as long as CR1 from date of filing a petition to getting a GC.

[hendo25 11]

6 hours ago, payxibka said:

The OPs best option is to finalize the marriage in Thailand and file the i130 in Bangkok.   Thus avoiding any stateside petition and any debate about speed to POE or GC because the Bangkok filing is faster, better, smarter 

 

Thanks!  This is what I am going to do.  

 

Seems like the most straightforward approach.  Especially the logistical advantage of being able to file the I-130 locally in Bangkok.

 

Thanks everyone for the very helpful advice.

 

DH

Na Yai Am, Thailand