Fiance Visa or Spousal Visa? HELP!

[Nanna_lux 8]

My other half and I are trying to decide which is best to apply for, the fiance Visa or the spousal Visa. He lives in Nigeria and I live in the US. We want to get married soon but I know I would have to wait a long time before he comes to the US. I guess I am afraid of the fiance Visa because my friend waited one year and a half for her fiance to get an interview, the day of his interview, he was denied. Now she has to do the process all over again. She wishes she had completed the spousal Visa instead because she waited for almost the same wait time as the spousal. So I am a little scared. And of course family members have their own opinions🙄. I want him to come now but I'm afraid that the wait time will be just as long as the spousal Visa. Fiance Visa: he will come soon... hopefully. Spousal Visa: he comes in and ready to start working. Im so confused😫. We don't know what to do. Can someone please give me some insight? Why did you choose the fiance or spousal Visa?

[designguy 1,179]

12 minutes ago, Nanna_lux said:

Fiance Visa: he will come soon... hopefully.

How long have you been together? Have you met in the past two years? Do you have solid evidence of a legitimate and ongoing relationship? The Fiance route will take a minimum of 6 months at best. As Nigeria is a high fraud country you can expect a longer processing time and a higher chance of denial. The route that will most likely be more successful for you will be the CR1 spouse visa. Separation is something that everyone with family based visas will go through.

 

15 minutes ago, Nanna_lux said:

I want him to come now

There is no immigration path where he can come "now". If he wants to come visit he can apply for a B2, but keep in mind the denial rates for B2s in Nigeria are quite high and the fact that he has an American partner will make it even more difficult. It'll cost you $160 to find out. Also he will not be able to come on the B2 with the intent of getting married in the US and adjusting status

 

 

[Nanna_lux 8]

16 minutes ago, designguy said:

How long have you been together? Have you met in the past two years? Do you have solid evidence of a legitimate and ongoing relationship? The Fiance route will take a minimum of 6 months at best. As Nigeria is a high fraud country you can expect a longer processing time and a higher chance of denial. The route that will most likely be more successful for you will be the CR1 spouse visa. Separation is something that everyone with family based visas will go through.

 

There is no immigration path where he can come "now". If he wants to come visit he can apply for a B2, but keep in mind the denial rates for B2s in Nigeria are quite high and the fact that he has an American partner will make it even more difficult. It'll cost you $160 to find out. Also he will not be able to come on the B2 with the intent of getting married in the US and adjusting status

 

 

We've been together for a year and have seen each other. We have lots of pictures, messages between each other, videos, and statements from family and friends. Hopefully that will serve as enough proof. But you've made a great point about Nigeria being a high fraud country which makes a lot of sense on a higher denial rate. I think I will lean more towards the spousal Visa. Thank you so much!!❤

[designguy 1,179]

1 minute ago, Nanna_lux said:

We've been together for a year and have seen each other. We have lots of pictures, messages between each other, videos, and statements from family and friends. Hopefully that will serve as enough proof. But you've made a great point about Nigeria being a high fraud country which makes a lot of sense on a higher denial rate. I think I will lean more towards the spousal Visa. Thank you so much!!❤

I think thats a wise choice. I personally didn't go through the family based category so I can't speak from personal experience but many members here recommend the spousal route. This option might initially take a little bit longer, but it will allow your partner to work right away once they enter rather than waiting 6-9 months for work authorization during the adjustment of status process. It seems a lot of people underestimate how tough that time period can be. Good Luck and keep us updated on your journey! Also make sure you check out they guides at the top for the processes for the different categories

[Unlockable 7,315]

Yeah, the spousal visa is a much more superior visa. People get so hung up on the "they will get here faster" aspect of the K1 that they are oblivious of the disadvantages of the fiance visa.

 

For example, when a person comes on a K1 they:

-Have to pay for AOS and go through, yet another, process. Also the AOS is $1200

-Can't work until they receive EAD, which is after AOS process and can take 4 - 6 months.

-Can't travel back home until they get AP, which is after the AOS process. (4 - 6 months)

-Some case can't even get a driver's license until EAD. (4 - 6 months)

-Can't appeal a K1 denial

 

As you can see, people focus only on the "get here faster", but the K1 is only a few months faster. And in the case of your friend, it didn't make a difference because their fiance didn't come here faster.

[Nitas_man 3,100]

You sure don’t get settled in, driving, and working faster on a K1.  That gap period during adjustment of status waiting at home in immigration limbo for EAD / AP is pretty boring.

[JeanneAdil 6,599]

For our high fraud countries ,  the K1 is not really any faster than doing the CR1 / it can take just as long

except that if you have met already and did not marry (or have an engagement party that looks like a marriage ceremony ),  you can apply for K1 now

If you have already had this engagement party (Nigeria usually considers that as marriage saying "too married for a K1)  Refer to the embassy portal for many many posts on  this subject

If you are trying to decide to do CR1 ,  are you already married ?  There is no decision here if married,  you have to do CR1

as a USC (also from a high fraud African cosulate) who went thru a  denied K1 and had to do CR1,  I would say marry and do the spouse

But you need GOOD QUALITY TIME together

not short 10 day or 2 weeks visits but enough time to get to know each other (as determined by the embassy)

many reasons to do CR1

1.  ends up being the cheapest way to go

2.  many k1's are denied and you have to continue with marriage 

3.  immigration applies for the SS number if you mark the spot on ds 260 for them to do it

4.  immigrant can work immediately upon arrival in US 

one of our members will point out the differences between the 2 clearly showing the benefits of CR1

[Boiler 45,807]

How many times have you met and for how long.

[Nanna_lux 8]

6 minutes ago, Boiler said:

How many times have you met and for how long.

Because of my occupation, we've met twice and about a week and a half each

[Boiler 45,807]

Well more time together, obviously, and then go for the Spousal visa.

[Nanna_lux 8]

41 minutes ago, JeanneAdil said:

For our high fraud countries ,  the K1 is not really any faster than doing the CR1 / it can take just as long

except that if you have met already and did not marry (or have an engagement party that looks like a marriage ceremony ),  you can apply for K1 now

If you have already had this engagement party (Nigeria usually considers that as marriage saying "too married for a K1)  Refer to the embassy portal for many many posts on  this subject

If you are trying to decide to do CR1 ,  are you already married ?  There is no decision here if married,  you have to do CR1

as a USC (also from a high fraud African cosulate) who went thru a  denied K1 and had to do CR1,  I would say marry and do the spouse

But you need GOOD QUALITY TIME together

not short 10 day or 2 weeks visits but enough time to get to know each other (as determined by the embassy)

many reasons to do CR1

1.  ends up being the cheapest way to go

2.  many k1's are denied and you have to continue with marriage 

3.  immigration applies for the SS number if you mark the spot on ds 260 for them to do it

4.  immigrant can work immediately upon arrival in US 

one of our members will point out the differences between the 2 clearly showing the benefits of CR1

Because of my occupation, we've met twice and about a week and a half each and it is not possible for me to fly over every couple of months. Messages and statements from family and friends won't be enough?

[Boiler 45,807]

7 minutes ago, Nanna_lux said:

Because of my occupation, we've met twice and about a week and a half each and it is not possible for me to fly over every couple of months. Messages and statements from family and friends won't be enough?

These are his family and friends you met?

[Nanna_lux 8]

Just now, Boiler said:

These are his family and friends you met?

Yes. I've met them, message them from time to time, and have taken pictures with them

[Boiler 45,807]

Just now, Nanna_lux said:

Yes. I've met them, message them from time to time, and have taken pictures with them

Begs the question why would they not say something positive? You would hardly be likely to submit something from somebody who said something negative.

[Nanna_lux 8]

4 minutes ago, Boiler said:

Begs the question why would they not say something positive? You would hardly be likely to submit something from somebody who said something negative.

That makes sense. I never thought about it that way. Then the good quality time portion will be a little difficult for us