K1 visa vs Spouse visa

[beatbaba 8]

Hi Friends

 

Here is my situation; Please post your opinion -TYI

 

In Feb 2019, my wife passed leaving behind 2 kids .. In August.. I found a perfect match for me and got engaged in traditional Indian ceremony type setting.  My fiance who happen to be Indian citizen has a kid who is US citizen by birth (7 yr old).  In between those tow dates, I applied for N-400, in March 2019. I anticipate to get my citizenship oath done by Mid DECEMBER (based on all recent cases from Friends and hoping everything goes smooth).

 

My priority is to have her here ASAP, preferably, somewhere before school year starts (Aug 2020).

 

Based on above, What will be the best route for me to take : 

 

ROUTE 1 : After I become citizen, immediately apply for K1 .. ( Our relationship started in Apr 4 ..with seldom chatting and then I visited her in July-Aug 2019 for 8 days and also got engaged , Not sure if we will meet in person again before the k1 interview, - by the time she goes to interview it will 1 year relationship - )

 

ROUTE 2 : After I become citizen, apply for green card (I may need to go back to India and get married in this case - difficult but not impossible )

 

Route 3: Get married now.. Apply for GC .. and then upgrade when I get citizenship ( dont see much benefit over route 2)? will this save any time?

 

ROUTE 4 : Apply for B2 visa - on the basis of her first failed relationship and desire to spend more time with me and ... bonding back home is Job and Kid going to school .. she visits and goes back for K1 or GC interview..

 

I would really appreciate any response .. even its your personnel opinion.. this is very confusing and everyday is like battle so need them here as soon as I can ... thank you friends 

 

PS: Also I would appreciate any tips to show more bonding between us

[geowrian 22,337]

Time-wise only, route #3 is optimal IMO. It will likely take as less than or as long as the K-1 route (since you need to be a USC before starting that), and otherwise is a supercilious visa in every way here (cheaper, can work right away, can travel right away, no AOS in the US, etc.).

 

Route 4 is separate from anything else....she can apply and, if issued the visa, visit alongside any other option above. I would suggest applying for the visa before marriage and/or petitioning, though...a US fiance is less of a concern about returning home than a US spouse IMO.

Note that she will be issued a visa or not based on her own merits, not any sort of support or assurance from US friends or family (no invitation letter or affidavit of support is necessary or considered).

 

That said, I would very highly recommend more visits before any route above. You both have kids as well, and it's a transition for them. India has also been showing a decent level of scrutiny of relationships.

 

August 2020 would be unlikely with any route above, sorry. Even with a K-1 being filed in Dec., you're looking at several months at best to interview, and some people face weeks to couple/few months of AP after the interview.

Hope for the best, but I just would not plan on August 2020 happening.

[Ontarkie 14,234]

~~Moved to What Visa DO I Need, from K1 P&P - The OP is exploring his options~~

[Dashinka 24,519]

I agree with @geowrian, option 3 would be the one I would choose given the situation, but of course you need to get the “get married” part done.

 

Good Luck!

[beatbaba 8]

@geowrian and @Bill & Katya thank you very much for your response. I didnt follow how the timeline will be better with option 3

 

This is what I am thinking, please correct me -- (I am very new to all this)

 

Route 1 -  N-400 (DEC 2019) --> K1 (6 to 8 month) --> she is in US by July 2020

Route 2 -  N-400 (DEC 2019) --> GC (12 to 14 months) --> she is in US by Jan 2021

Option 3 - GC apply now ( If N-400 isn't approved - 30 months)--> she is in US by Feb 2022

                  GC apply now --> Upgarde after N-400 approval (12 to 14 months) --> she is in US by Jan 2021

 

Can you please clarify.. how the option 3 is faster in you opinion? Thank you so much

[beatbaba 8]

@geowrian for B2 option - you said "Note that she will be issued a visa or not based on her own merits, not any sort of support or assurance from US friends or family (no invitation letter or affidavit of support is necessary or considered)."

 

I was thinking to apply with my support and mentioning as me as fiance so that even rejected it will be proof for K1 .. and also later on we will be truthful..  

 

Can you (or anyone) please help with how would you proceed for B2 option..  

[geowrian 22,337]

5 minutes ago, beatbaba said:

@geowrian and @Bill & Katya thank you very much for your response. I didnt follow how the timeline will be better with option 3

 

This is what I am thinking, please correct me -- (I am very new to all this)

 

Route 1 -  N-400 (DEC 2019) --> K1 (6 to 8 month) --> she is in US by July 2020

Route 2 -  N-400 (DEC 2019) --> GC (12 to 14 months) --> she is in US by Jan 2021

Option 3 - GC apply now ( If N-400 isn't approved - 30 months)--> she is in US by Feb 2022

                  GC apply now --> Upgarde after N-400 approval (12 to 14 months) --> she is in US by Jan 2021

 

Can you please clarify.. how the option 3 is faster in you opinion? Thank you so much

The estimate for a K-1 is being very generous. Current timelines are closer to 8-10 months, at least the last I’ve seen. The I-129F alone is taking 5+ months, then NVC (1 month) then embassy/consulate processing. So 8 months is on the lower side of there are no issues anywhere. And this is assuming no extended AP, which isn’t uncommon with India.

 

Route 3 works even if your N-400 is denied. And if it is approved, you upgrade the petition and it will be at least as fast as  route 2. It’s possible it could be faster, though...you don’t completely lose your spot in line by upgrading.

 

 

1 minute ago, beatbaba said:

@geowrian for B2 option - you said "Note that she will be issued a visa or not based on her own merits, not any sort of support or assurance from US friends or family (no invitation letter or affidavit of support is necessary or considered)."

 

I was thinking to apply with my support and mentioning as me as fiance so that even rejected it will be proof for K1 .. and also later on we will be truthful..  

 

Can you (or anyone) please help with how would you proceed for B2 option..  

It’s fine for her to mention you (I believe FIANCÉ is listed as an option on the DS-160 for relatives in the US). There is no “support” involved though...they will look at her circumstances to determine if she is likely to return home or not. There’s nothing you can do to influence the result though. I’m just mentioning this because there is a very common myth, especially with India and “visa agents” there, that a letter of invitation and/or I-134 is needed or helpful.

[carmel34 3,635]

Whatever route you choose, more visits to see each other in person, either in the US or in India, will be required to increase your chances of approval.  Good luck!

[beatbaba 8]

21 minutes ago, carmel34 said:

Whatever route you choose, more visits to see each other in person, either in the US or in India, will be required to increase your chances of approval.  Good luck!

I hear that ONE visit is what we need.. In typical Indian marriages ...people dont meet that often. Based on that scenario - how many visits do you recommend :

 

Currently : I have met her only once - 8days ..know her from 4 months ... There were family talks during that period but very difficult to prove. Any recommendation to improve the chance?

 

 

 

[beatbaba 8]

38 minutes ago, geowrian said:

The estimate for a K-1 is being very generous. Current timelines are closer to 8-10 months, at least the last I’ve seen. The I-129F alone is taking 5+ months, then NVC (1 month) then embassy/consulate processing. So 8 months is on the lower side of there are no issues anywhere. And this is assuming no extended AP, which isn’t uncommon with India.

 

Route 3 works even if your N-400 is denied. And if it is approved, you upgrade the petition and it will be at least as fast as  route 2. It’s possible it could be faster, though...you don’t completely lose your spot in line by upgrading.

 

 

It’s fine for her to mention you (I believe FIANCÉ is listed as an option on the DS-160 for relatives in the US). There is no “support” involved though...they will look at her circumstances to determine if she is likely to return home or not. There’s nothing you can do to influence the result though. I’m just mentioning this because there is a very common myth, especially with India and “visa agents” there, that a letter of invitation and/or I-134 is needed or helpful.

With Option 3 --> We will be married in 4 months from know each other .. with one 8 day Visit  in person (In reality that is very common in Arranged Marriage Scenario in India) .. Is that going to be issue during interview?  [ In case of K1 - by interview it will be 1 year knowing each other] .. 

 

(My GC was EB-1 and the financial and technical records are solid .. does that help at all?)

 

 

[geowrian 22,337]

19 minutes ago, beatbaba said:

With Option 3 --> We will be married in 4 months from know each other .. with one 8 day Visit  in person (In reality that is very common in Arranged Marriage Scenario in India) .. Is that going to be issue during interview?  [ In case of K1 - by interview it will be 1 year knowing each other] .. 

 

(My GC was EB-1 and the financial and technical records are solid .. does that help at all?)

 

 

The amount of relationship evidence is important. Given that timeframe, more visits prior to marriage and to petitioning is preferable. If that’s a reason for preferring the K-1 route, then that makes perfect sense. The only unknown is the result of your N-400, and when exactly that will be.

[geowrian 22,337]

I stand corrected on K-1 timelines...they have come back down again over the last couple months. The I-129F is taking around 4 months right now (keep in mind this can change, and often increases with an influx in oct/nov/dec). So 6-8 months is not that unreasonable for a petition filed today (I won’t project a timeline for dec filers).

Edited August 21, 2019 by geowrian

[SalishSea 17,842]

7 hours ago, geowrian said:

I stand corrected on K-1 timelines...they have come back down again over the last couple months. The I-129F is taking around 4 months right now (keep in mind this can change, and often increases with an influx in oct/nov/dec). So 6-8 months is not that unreasonable for a petition filed today (I won’t project a timeline for dec filers).

Petition approval is shorter, but NVC + embassy transit seems to be much longer than it was this time last year.

[beatbaba 8]

On 8/21/2019 at 7:15 PM, Jorgedig said:

Petition approval is shorter, but NVC + embassy transit seems to be much longer than it was this time last year.

 Where can I find Checklist for all documents to submit by Option 3?  Thank you very much

[SalishSea 17,842]

5 hours ago, beatbaba said:

 Where can I find Checklist for all documents to submit by Option 3?  Thank you very much

On the USCIS website, with the forms.