K1 and Family GC approved and at Consulate - what to do?

[Roni and Carlos 0]

My fiancé has a hood problem his family sponsored visa was finally approved and our k1 has been approved.  They are both at the consulate/embassy waiting for the next move.  Should we try to do both simultaneously or just do the family visa?  Any idea on how long either could take?  I know the fiancé visa would be faster but the family visa would not require change of status.  Good problem to have but really confusing. 

 

Help! 

[payxibka 10,045]

3 minutes ago, Roni and Carlos said:

My fiancé has a hood problem his family sponsored visa was finally approved and our k1 has been approved.  They are both at the consulate/embassy waiting for the next move.  Should we try to do both simultaneously or just do the family visa?  Any idea on how long either could take?  I know the fiancé visa would be faster but the family visa would not require change of status.  Good problem to have but really confusing. 

 

Help! 

Not confusing, go for the IR visa,  

[aaron2020 11,651]

Easy choice.  Go with the family visa.  Keep the K-1 going as a backup.  

 

No AOS.  No removal of conditions.  No proving a bona fide marriage.  Can work immediately upon entry; don't got to wait 6 months for an EAD.  Can go to school immediately upon entry.  Can travel leave and return to the US immediately; don't got to wait 6 months for AP.  

 

 

Edited October 30, 2019 by aaron2020

[aaron2020 11,651]

6 minutes ago, payxibka said:

Not confusing, go for the IR visa,  

Not an IR visa.  It's F4 - his sister petitioned for him.  

[Unlockable 7,314]

5 minutes ago, aaron2020 said:

Easy choice.  Go with the family visa.  Keep the K-1 going as a backup.  

 

No AOS.  No removal of conditions.  No proving a bona fide marriage.  Can work immediately upon entry; don't got to wait 6 months for an EAD.  Can go to school immediately upon entry.  Can travel leave and return to the US immediately; don't got to wait 6 months for AP.  

 

 

^^^^ This times 100.  The K1 visa sucks.

[geowrian 22,337]

Go with the immigrant visa over bob-immigrant visa every time. Easier case, costs less, and no AOS required. Easy decision. 

 

[Roni and Carlos 0]

Thanks everyone...his Dad petitioned for him not his sister.  How long is that family visa process? 

[payxibka 10,045]

28 minutes ago, aaron2020 said:

Not an IR visa.  It's F4 - his sister petitioned for him.  

Not F4 ....

[aaron2020 11,651]

1 minute ago, payxibka said:

Not F4 ....

My bad from misunderstanding OP's other post.

 

Not IR either unless he's under 21.

[Roni and Carlos 0]

I had it wrong on the other post...his sister seems to be the lead on this all so I assumed incorrectly.  I spoke with an attorney and he said the family green card could take another 8 - 10 months. 

[flfreddy 92]

Family visa.... so you are off the hook for I864 later when doing AOS for K-1.   I864 is you are the financial sponsor ... it only expires when either dies, become USC or worked 10 yrs SSN.   Divorce doesnt count.  I heard of people who divorced, had new bf or gf, refused to remarry and live off the I-864 used as alimony negotiations. FOR LIFE.

 

Family visa faster, none of your legal concern, father sponsoring son, clean.   Also emotionally, no one owes nobody for a GC.

 

 

[payxibka 10,045]

7 minutes ago, flfreddy said:

Family visa.... so you are off the hook for I864 later when doing AOS for K-1.   I864 is you are the financial sponsor ... it only expires when either dies, become USC or worked 10 yrs SSN.   Divorce doesnt count.  I heard of people who divorced, had new bf or gf, refused to remarry and live off the I-864 used as alimony negotiations. FOR LIFE.

 

Family visa faster, none of your legal concern, father sponsoring son, clean.   Also emotionally, no one owes nobody for a GC.

 

 

Departs is another 

[Roni and Carlos 0]

Well they want me to co-sponsor

 

[flfreddy 92]

Father sponsors the son.   I-864 they want you to cosponsor for the family (unmarried son) F4 visa right?   Technically you dont have to.   Father or brothers or other aunts or uncle family is better in my opinion, as like I mentioned if things go south, you are not off the hook for I-864 easy.  Imagine the scenario of your bf gets the gc , then something happened and either has a change of heart.  Now he is not even your husband and you are stuck with a I-864 potential liability if he becomes a public charge -  FOR LIFE pending the 4 exit conditions.

 

If things are ok, no problem.  I am just giving you scenarios to consider - of course in my heart I wish you a successful marriage.

Edited October 30, 2019 by flfreddy

[Roni and Carlos 0]

Thank you so much!  It’s a lot to consider and I’m thankful for your advice and scenarios.  🙂