Which path should I take now?

[Kaykay2019 5]

Hello everyone,

I wanted to get advice on what path I should take. I was planning to visit my boyfriend in my country this month (I was actually leaving today 😩) if it wasn’t for COVID-19. Anyways my boyfriend’s cousin told me recently that my boyfriend was planning to propose to me had I visited this month. I asked my boyfriend and he confirmed it saying that he bought the ring already to propose to me. He went ahead and proposed to me on video call after getting my father’s blessings to do so. He is going to send my engagement ring as soon as this COVID-19 ends. We have two or three pictures during my last visit in 2019, and we have been talking consistently through WhatsApp and regular calling since I returned to the US. I was thinking about filing K1 visa for him right away. I trip is now postponed to December. We talked about getting married both in court and traditionally during my visit in December due to my father’s deteriorating health and me wanting him to witness me getting married. I assumed that I will get a response regarding the K1 filing before visiting my fiancé in December. The question now is how would I proceed with his documents (AOS) as we would already be married in my country before his arrival to the US?

 

Thanks in advance!!

Edited April 11, 2020 by Kaykay2019

[Sparkle Sparkle 914]

You cannot be married in anyway (Traditional,court,white,brown or any celebration) before filling for K1 visa. If you plan to get married in Sierra leone you can still marry and file a CR1 instead. 

[Kaykay2019 5]

2 minutes ago, Sparkle Sparkle said:

You cannot be married in anyway (Traditional,court,white,brown or any celebration) before filling for K1 visa. If you plan to get married in Sierra leone you can still marry and file a CR1 instead. 

Thank you for your response. Does that mean that I cannot file K1 visa sooner with plans of getting married all the way in December? I just don’t want to spend all this time waiting to get married in December, file CR-1 and wait for another two years for him to come to the US. 

[Sparkle Sparkle 914]

You can file K1 now but you cannot marry outside the USA, you cannot do a traditional wedding or any kind of wedding outside the USA...if you file K1 now January filers are currently being approved..cahnces are he might have visa in hand by december are maybe a couple of months after....but he must go to USA to marry. CR1 yes you will have to wait till you see him to marry him and file CR1 and might take 2 years 

[US2UK 33]

I believe that’s correct. As far as my understanding goes: K1 is purely a fiancé visa. And you have to perform the marriage in the US after arrival. 
 

Your K1 visa will not get approved if you are already married, and sometimes even if you had an engagement ceremony that could be interpreted as a wedding. 

[Lucky2Lucky 2,526]

Your post is a bit confusing. Who is the American? And where does your father live?

Edited April 11, 2020 by Luckycuds

[Kaykay2019 5]

1 hour ago, Luckycuds said:

Your post is a bit confusing. Who is the American? And where does your father live?

Sorry I didn’t clarify, but I am the US citizen. My dad and fiancé both resides in Sierra Leone. 

[Crazy Cat 41,888]

***Topic moved to What Visa Do I Need****

[Kaykay2019 5]

1 hour ago, Sparkle Sparkle said:

You can file K1 now but you cannot marry outside the USA, you cannot do a traditional wedding or any kind of wedding outside the USA...if you file K1 now January filers are currently being approved..cahnces are he might have visa in hand by december are maybe a couple of months after....but he must go to USA to marry. CR1 yes you will have to wait till you see him to marry him and file CR1 and might take 2 years 

Ok, I will just stick with the K1 but still do the traditional just for the sake of my dad witnessing the marriage. We will get married here and proceed with the next steps. Thanks again 😊!

[Crazy Cat 41,888]

Just now, Kaykay2019 said:

Ok, I will just stick with the K1 but still do the traditional just for the sake of my dad witnessing the marriage. We will get married here and proceed with the next steps. Thanks again 😊!

Do not participate in any kind of traditional wedding prior to the marriage in the US.  

 

I think a review of K-1 vs CR-1 is in order here:

 

Every couple has their own priorities, and each couple must decide which visa is better for their situation.

K-1
    Slightly faster arrival in the US 
    More expensive than CR-1    
    Requires Adjustment of Status after marriage (expensive and requires a lot of paperwork)    
    Spouse can not leave the US until she/he receives approved Advance Parole (approx 5-6 months)    
    Spouse can not work until she/he receives EAD (approx 5-6 months)    
    Some people have had problems with driver licenses, Social Security cards, leases, bank account during this period    
    Spouse will not receive Green Card for many months after Adjustment of Status is filed.

  

CR-1
    Slightly slower arrival in the US 

    Less expensive than K-1    
    No Adjustment of Status(I-485, I-131, I-765) required.    
    Spouse can immediately travel outside the US    
    Spouse is authorized to work immediately upon arrival.    
    Spouse receives Social Security Card and Green Card within 2 or 3 weeks after entering the US    
    Opening a bank account, getting a driver's license, etc. are very easily accomplished with GC, SS card, and passport.

    Spouse has legal permanent Resident status IMMEDIATELY upon entry to US.
  �

 

 

[SalishSea 17,837]

1 hour ago, Kaykay2019 said:

Ok, I will just stick with the K1 but still do the traditional just for the sake of my dad witnessing the marriage. We will get married here and proceed with the next steps. Thanks again 😊!

Not a great idea.  Many have been denied for doing just this, and had the process lengthened by then having to do a CR-1 visa.

 

If a planned/timed wedding is important to you, then a K-1 is the wrong choice.  There are too many variables when it comes to timing.

[payxibka 10,045]

1 hour ago, Kaykay2019 said:

Ok, I will just stick with the K1 but still do the traditional just for the sake of my dad witnessing the marriage. We will get married here and proceed with the next steps. Thanks again 😊!

Good luck. Just try and keep it off of social media 

[Suze1 366]

1 hour ago, Kaykay2019 said:

Ok, I will just stick with the K1 but still do the traditional just for the sake of my dad witnessing the marriage.

BAD, BAD, BAD idea.

ANY marriage-like ceremony CAN VERY WELL make you TOO MARRIED to be given a K1, even if performed after you started the process, or even after you get the visa.

[JesStef 7]

I would recommend the CR-1 method.  It will take a little longer but your spouse will get his green card and social security upon entry to the US.  This way they can get a job and do the normal business dealings thus integrating into their new environment way easier.  

[Lucky2Lucky 2,526]

3 hours ago, Kaykay2019 said:

Sorry I didn’t clarify, but I am the US citizen. My dad and fiancé both resides in Sierra Leone. 

If having your dad be at the ceremony (which I completely understand) is most important then you should really go the CR1 route. Any ceremony -even those not legally binding will look too married. To save you from headaches down the road, in my opinion, you should get married in Sierra Leone and apply for CR1- Yes, it means it will take longer for your fiancé to get to the US but a positive is your dad will be at your ceremony and once your fiancé (then- husband) gets here he will be able to work and travel ASAP. CR1 is only a bit longer than k1- although everything will be longer now due to COVID-19. If you were to file k1 today- there’s no way your fiancé would in the US and then able to travel back to Sierra Leone by December.

 

During your time apart you can make as many visits as you’d like or meet in a third country if the separation is too much.