Can married couples file K1 visa?

[The_Empyrean 733]

Welcome to the forum.

K-1 Fiance visa. People who are engaged.

CR-1 Spouse visa. People who are married.

You are married, so you have to do CR-1.

Spouse visa takes a tad bit longer, but it has advantages. Actually now i'd go Spouse visa rather than K-1. You get green card, SSN right away, can start working. 

K-1 is "quicker" to get you to USA, but you have to Adjust status, which takes another year or thereabout. You can't work without EAD or travel without AP. With these processing times, i wouldn't be surprised if K-1 slowly will become obsolete. 

CR-1 is about 10-13months, and you can work right away.

K-1 is about 7-10 Months, and then you have to wait for EAD/AP at least 4-6months additionally, plus AoS takes 12-24months. and is double in Fee's

So You being married isn't worse thing. Your embassy is difficult to get through with K-1, and CR-1 is recommended regardless. 

TL;DR You're not eligible for K-1, but eligible for CR-1, which doesn't take that much longer.

[clw654321 159]

15 hours ago, nastra30 said:

Let me put it this way, this process is going to test your patience, your mind, and the value of your time.

That is No Joke!!! Haha! But, there is a light at the end of the tunnel. 

[Paul & Mallory 1,398]

For starters - anyone who has gotten married first and then successfully went through the K1 route only did so fraudulently. And I don't know of anyone who has.

 

This process is time consuming and takes a lot of time, patience, and knowledge. Research. Planning. To be honest, if you aren't even aware that K1 is off the table now that you're married... it sounds like you still have a LOT of research to do and knowledge to gain. I think anyone here would strongly suggest immersing yourself in as much information as possible to better prepare for your immigration journey. If it seems time consuming, it's not at all comparable to potentially setting yourself back or making any mistakes.

 

That being said - it's always good to see someone come here and ask questions before taking any action, and THEN coming to ask questions once something gets screwed up. It is a LOT of information and can seem super overwhelming when you're just getting started, but take it one day at a time. One step at a time. Preparation and planning is your friend.

 

Good luck!

[Jeanne Adil 1,651]

16 hours ago, Arewa said:

Lol.... i know right... just wanted to be sure, heard/read about people who were married and successful went through the process.  Don't want to be mislead that's why. Thank you for the light

I don't know who is telling you this 

you need to follow the Nigerian portal (top of the home page)

You will see many K1's are denied there (from past posts) as the photos submitted show a marriage and the person  is too married for a K1 visa

 

And not sure why anyone would think to try this as the K1 is now taking as long as a CR1 

and the Cr1 has so many more advantages like getting the green card in about a month allowing the immigrant to work

and not going thru the AOS process here that is not only lengthy buy costly ($1225)

[Shellimedz 33]

I think maybe you can do a K3, although people on this forum make it seem like it's impossible to get. 

[Unlockable 7,315]

4 minutes ago, Shellimedz said:

I think maybe you can do a K3, although people on this forum make it seem like it's impossible to get. 

Not impossible, but highly highly improbable.

 

Below is the published annual report of visas issued. In 2018, there were only 6 K3's issued. Six out of hundreds of thousands of immigrant based visas.

https://travel.state.gov/content/dam/visas/Statistics/AnnualReports/FY2018AnnualReport/FY18AnnualReport - TableXVIB.pdf

 

And you can see in that report that every year the issuance of K3's gets less and less.

 

 

This is why it is often advised on here to not even attempt it. the usual course of action is the K3 gets administratively closed and the case becomes another CR1/IR1.

[Shellimedz 33]

2 minutes ago, Unlockable said:

Not impossible, but highly highly improbable.

 

Below is the published annual report of visas issued. In 2018, there were only 6 K3's issued. Six out of hundreds of thousands of immigrant based visas.

https://travel.state.gov/content/dam/visas/Statistics/AnnualReports/FY2018AnnualReport/FY18AnnualReport - TableXVIB.pdf

 

And you can see in that report that every year the issuance of K3's gets less and less.

 

 

This is why it is often advised on here to not even attempt it. the usual course of action is the K3 gets administratively closed and the case becomes another CR1/IR1.

Lol, that's why I said people on here say so, because I had no idea why and wasn't suggesting to do one or the other. I bet those 6 people are happy though , good to know all the options. 

[Kowatti 189]

19 hours ago, Arewa said:

Know that now, reading from you guys... really appreciate the info 🙏

Hi.  There is a vast amount of information on VJ.  You can find just about any scenario.  Start by going up on the upper left-hand corner to Forums, then drop down about 5 topics to "general discussion area" and you will find Africa: Sub-Saharan topic.  There is a lot of information about your beneficiary's country.  Best wishes on your journey.  

[nastra30 2,295]

1 hour ago, Shellimedz said:

Lol, that's why I said people on here say so, because I had no idea why and wasn't suggesting to do one or the other. I bet those 6 people are happy though , good to know all the options. 

The # of K3 visas issued is fast approaching 0. I predict 3 or less will be issued in 2019. Probably 0 by 2020.

[Arewa 146]

7 hours ago, Unlockable said:

@Arewa

 

I want to Welcome you to the forum and to personally say thank you for being receptive and respectful to both the valued members of the forum and our country's immigration policies.

 

To be honest, your first post was a little concerning, but it became apparent that you simply were not fully aware of the K1 process and its requirements. So many times we have seen people ask question that seem to circumvent immigration rules. We are often unsure if the person is coming here with their questions to see if they can get away with what they are planning, or simply confused of the process. And then there are the few who seem to go through the process fraudulently with complete selfishness and disregard to our country's laws. It is refreshing to have someone like you to respect and accept the process and appreciate the help that the others on this site has taken the time to offer.

 

This will be a long journey, no doubt. The majority of us here have endured it so we are here to help guide you. The journey will be long and hard and will try you at times. We have all sung the song of wanting to be with their loved one(s). Although it may seem that you still have a long way to go, if your replies to this thread are any indication of your personality .... you will be just fine.

 

Unlockable

Everyone was naive/novice at a point or the other, that's the point where i would say i was yesterday, i started doing my research and i am more enlightened i must say, i now understand what K1 visa (engaged couple ) is and CR 1 which is for (married couple). We all  learn everyday, we haven't started anything yet, we just want to be well informed, which thank God for forums like this , just got to know about VJ yesterday.  So my question was out of honesty. Thanks for your explanation. I really do appreciate.  God bless you 💓

[MrsRamirez 231]

5 hours ago, Shellimedz said:

Lol, that's why I said people on here say so, because I had no idea why and wasn't suggesting to do one or the other. I bet those 6 people are happy though , good to know all the options. 

I did both.  I applied for I-130 and K3 because it was like a 2 for one and whichever became available first would be the one I focused on.  I received my info for I-130 first so K3 was voided automatically.  I didn't lose anything because I did them both at the same time.  I am so glad tho that I went CR1 instead of K3.

[Crazy Cat 41,982]

3 minutes ago, MrsRamirez said:

I did both.  I applied for I-130 and K3 because it was like a 2 for one and whichever became available first would be the one I focused on.  I received my info for I-130 first so K3 was voided automatically.  I didn't lose anything because I did them both at the same time.  I am so glad tho that I went CR1 instead of K3.

It doesn't really work like that......You applied for a K-3 visa, but the I-129 petition was administratively closed.  In 2018, there were only six K-3 visas approved WORLD-WIDE......There were ZERO K-4 visas approved in 2018.......This year, there will likely be no K-3 visas approved at all.  

 

I agree 100% that a CR-1 is much better than a K-3 in that no adjustment of status is required......

[MrsRamirez 231]

5 minutes ago, missileman said:

It doesn't really work like that......You applied for a K-3 visa, but the I-129 petition was administratively closed.  In 2018, there were only six K-3 visas approved WORLD-WIDE......There were ZERO K-4 visas approved in 2018.......This year, there will likely be no K-3 visas approved at all.  

 

I agree 100% that a CR-1 is much better than a K-3 in that no adjustment of status is required......

When I started I read what could be my choices.  I wanted my husband and I to be together quickly.  I read that it was a high chance (really High) that the K3 does not work but I applied anyway because it said if you completed the I-130 petition at $535 you could completed the K3 and just send in the receipt that you applied for I-130.  I would bet that it would not be approved but I took the chance because what if this is one time it did work.  I had nothing to lose by trying it. I would not recommend that be the only process that is taken.  I used wisdom and I came out on top. 

Edited April 5, 2019 by MrsRamirez

[Crazy Cat 41,982]

3 minutes ago, MrsRamirez said:

I would bet that it would not be approved but I took the chance because what if this is one time it did work. 

If your K-3 had been approved, It would have meant more expense, adjustment of status, 6 months or so before being able to leave the US or work, and a long time until you received the Green Card......I don't know why anyone would want that in exchange for arriving in the US about 3 months sooner.

[MrsRamirez 231]

1 minute ago, missileman said:

If your K-3 had been approved, It would have meant more expense, adjustment of status, 6 months or so before being able to leave the US or work, and a long time until you received the Green Card......I don't know why anyone would want that in exchange for arriving in the US about 3 months sooner.

That is correct but initially I was not thinking about the financial part.  I did what I thought was best for me and how I was feeling then.  This is not a debate.  I just stated what I did and what worked for me.  Once I started the process I learned more and that is the purpose of this group.