Divorce and Remarry: Getting to the US Faster on a K-1 Visa?

[SalishSea 17,818]

Just now, Cryssiekins said:

This process makes you crazy, and desperate to make it as short as possible so you get these whackadoodle ideas, and you need a healthy dose of tough love to bring you back to being rational.  So while it may seem like being judged, it’s to hopefully prevent someone from doing something silly and making a big mess.  

Yes!  Because we've all seen the posts by people who made poor choices regarding their immigration journeys, and come here after the fact to bemoan denials or prolonged APs.  So not worth it.

[Naes 12,205]

I know lots of k1 waiting longer than spousal visas... 

 

and with this case I can smell the additional scrutiny that comes with it.. 

[debbiedoo 2,339]

our judgement comes from a place of knowledge and is an effort to keep someone from making a royal mess of things. 

 

its a humane judgement. 

[USS_Voyager 1,972]

14 minutes ago, Boiler said:

We are here to support and advise, not to judge.

Uhm consider this is public forum, I’m gonna say what they always say in “Iron Chef” which is “Alze Cruisine””!!!!

[Barefootek 9]

38 minutes ago, Jorgedig said:

OP,  in all seriousness, have you considered moving to your wife’s country instead?  That may be a better solution for you, because for US immigration, time spent apart is inevitable.

I would love to but financially it doesn't work. I am self employed and so I can travel back and forth on a regular basis, but have no real prospects for making what I consider reasonable money in Ecuador. That is why spending extra money would be a mute point, if it meant spending more time in the States where I have an income. I look forward to having enough money to move, but I am not there yet.

[JFH 12,190]

1 hour ago, Barefootek said:

I understand that the idea is extreme, but I, being the one considering it, don't understand the idea being absurd. Going through the BS of adjustment of status does not sound like a bad trade off for getting my wife and newborn daughter to the US 4 months faster. Four months is a long time to miss out of my daughter's life, not to mention that of my wife. I don't know if I would make the choice, but I am curious if it is an option. My concern would be that the K1 visa would be declined because of trying to work the system. 

But it was your decision to make a baby before you have the legal permission to live together in the same country. Be an adult and accept the consequences of that decision. 

[andy78 178]

2 hours ago, Barefootek said:

Since the timeline for K1 visas appears to be about 4 months faster, would divorcing and remarrying be an option? I certainly don't like that option, but if it saves me 4 months then I might have to think about it. I have not filed anything in the US. Could we just have another ceremony there? Since her ID shows her being married, I am assuming the answer would be no on that one. 

Once you go down that road, there is no guarantee that she will want to marry you again.

[payxibka 10,045]

2 hours ago, debbiedoo said:

you do realize a divorce doesnt happen immediately, right?

Depends on the state, in my state, two amenable parties on a joint petition could be done in a couple of weeks 

[mushroomspore 3,044]

2 hours ago, Barefootek said:

I understand that the idea is extreme, but I, being the one considering it, don't understand the idea being absurd. Going through the BS of adjustment of status does not sound like a bad trade off for getting my wife and newborn daughter to the US 4 months faster. Four months is a long time to miss out of my daughter's life, not to mention that of my wife. I don't know if I would make the choice, but I am curious if it is an option. My concern would be that the K1 visa would be declined because of trying to work the system. 

Lol???? You would have to be fully divorced before you can get married again. That step alone can take up to a year or more. Only then can you re-marry and after THAT, you can refile for a K1. At that point, you will have delayed your family reunion even further. And that is not even including the high chance of being denied the K1 anyways. So yes it is an absurd idea. 

[Russ&Caro 1,549]

Assuming OP got married in Ecuador, wondering whether quicky divorces are available there. The answers he is getting here seem to be assuming he files in the US.

[dwheels76 5,468]

2 hours ago, Barefootek said:

Thanks very much for a non-critical reply. That would be my concern. Added expense would honestly be negligible considering just spending 1 month more in the US instead of with them in Ecuador would probably pay for the difference in price and my wife will not work in Ecuador or the US until our daughter is older so her not being able to work is irrelevant. I get the picture that it is probably a bad idea, but I thought there might of been someone else who had the same idea and maybe even tried.

One thing you have to consider is speed isn't everything and you are assuming 4 months faster. When you file you may be sent to a whole different service center. Processing times are very fluid and right now they are almost neck and neck with the spousal path.

 

Now to the most important goal which is to be approved. Be a CO. I have a couple who was married had a baby and divorce. What will you say why did you divorce and now you are engaged? You surely can;t say "To game immigration and get through faster". So now I the CO thinks you are suspect married, divorced and now engaged, why not remarry, hmmmmm (The CO thinking).

I know the wait is bad I know many women who gave birth and fathers didn't see their new babies till after 1 or 2 years. Just file the CR1 and stay the course.

 

Plus have you checked your state to see how long a divorce takes, is there a waiting period to remarry (thus file for fiance' r spousal) after like California 6 months Nebraska 1 year. Remember after divorce to file you have to be free to marry. Texas even has 30 days unless the waiver is signed.

[nastra30 2,284]

Op, just stick to CR1 and not complicate things for yourself later on because the Interviewing officers are not dumb. @missileman another chapter in your book of immigration adventures; make it happen.

[*Snowdrop* 604]

File your spouse visa today or asap - there is no way you would be able to get the divorce processed, plus gather all the correct documents and apply for the K1 in enough time to make the difference worth it. 

 

Add to that it makes your timeline look extremely odd to the immigration officials and you end up worrying through the whole process about whether it's going to slow you down and cause problems. Plus the K1 is not a great visa process for the immigrant with all the delays over being able to drive, work or leave the country and return easily. 

 

Seriously, file the spousal visa this week!

[Sav&Har 142]

3 hours ago, Barefootek said:

I would love to but financially it doesn't work. I am self employed and so I can travel back and forth on a regular basis, but have no real prospects for making what I consider reasonable money in Ecuador. That is why spending extra money would be a mute point, if it meant spending more time in the States where I have an income. I look forward to having enough money to move, but I am not there yet.

Then another reason to stick to the CR1 route. You can plan multiple short trips while waiting.

[mniceguy16 186]

3 hours ago, Barefootek said:

I understand that the idea is extreme, but I, being the one considering it, don't understand the idea being absurd. Going through the BS of adjustment of status does not sound like a bad trade off for getting my wife and newborn daughter to the US 4 months faster. Four months is a long time to miss out of my daughter's life, not to mention that of my wife. I don't know if I would make the choice, but I am curious if it is an option. My concern would be that the K1 visa would be declined because of trying to work the system. 

Have you thought about the scenario in which you may be issued a very long list for rfe during k1 process and a possible 221g during interview and maybe a ds-5535? You may end up adding more than a year or 2 to your wait time simply because you want to outsmart US immigration services. We all have kids and have missed them during this whole process you are not the first and will never be the last and we all love our kids and spouses but had to go the right way be reunited for ever despite the long waiting time. Word of advice, use your eyes now to read what others have said and reason out with them, else tomorrow you will use those same eyes to cry.