Unsure of best visa for my fiance due to my medical situation

[myperfectflaw 11]

I'm the US citizen, other half is from the UK. 

 

I have ESRD and will be getting my kidney transplant soonish (it's considered an "elective" surgery, so it's been put on hold during the pandemic). I need to have someone that can take care of me during this time and would very much like it to be my fiance of course. 

 

So, with K1 being the fastest approval overall, we were leaning that way - but then someone recommended we instead get married while he's here next (as soon as flights are allowed again) and then file our K3 and try to get it expedited due to medical reasons. 

 

I don't know if that is a likely situation to have an expedition approved on, or how quickly it would happen. If it was approved before his ESTA expired, does he just stay here and adjust status here? Does he have to go back to interview in London or can he do that here instead? 

 

Not sure what the best option is right now, help! 

[NancyNguyen 1,657]

If you are planning to come with ESTA and adjust status, you are commiting immigration fraud. He can come with ESTA to take care of you and leave, you can get married during that time then file for spousal visa. 

[payxibka 10,045]

K3 is for almost all situations, obsolete.   Only a handful issue in the past year 

[Duke & Marie 1,389]

If time is of the essence Go for k1

 

your partner can’t travel to the US on esta with intention to adjust status and stay, it’s classed as fraud and comes with a 10 yrs ban if caught.

 

CR1 spousal visa will take too long (18 months ish) although you could file for an Expidite in this due to medical concerns.. 

 

k3 isn’t worth the effort, it’s not really issued anymore and only applicable post marriage which in itself will further delay you

[myperfectflaw 11]

I'm not asking about him coming and staying on an ESTA intentionally to circumvent the law, I'm aware of what classifies visa fraud.

 

He's coming as soon as travel is allowed again. Our intention will be getting married and filing immediately upon his arrival. We expected him to go back home when the ESTA expired, per normal.

 

My question involves, what happens if we file for expedition due to medical reasons AND it is granted while he's still here on his normal ESTA period. Does he still have to go back and interview in London or can he interview here at that point? 

 

I was told K3 would be a quicker option to get him living here sooner, which is why we were looking at that instead of CR1. Is that not the case? The extra cost is not a prohibiting factor right now, getting him here as soon as possible, legally, to be available for my medical situation is. I was told that the expedition process is not available for K1 visas, which is why we were looking at the other possibilities. 

 

Can anyone confirm that info and which option is faster based on that consideration? And what happens if an expedited request is granted while he's still legally here on his ESTA? Once again, we're not intending to circumvent the law, just needing to understand the process based on what the possibilities are so we can make the smartest move possible to make sure he's here when I need him the most. 

[HRQX 4,145]

1 hour ago, myperfectflaw said:

I was told K3 would be a quicker option to get him living here sooner

The K-3 visa is very, very rare. In fiscal year 2019 only 5 were issued in the whole world (0 in Europe): https://travel.state.gov/content/dam/visas/Statistics/AnnualReports/FY2019AnnualReport/FY19AnnualReport-TableXVI-B.pdf Page 2

1 hour ago, myperfectflaw said:

And what happens if an expedited request is granted while he's still legally here on his ESTA?

He physically attends his interview in London. Visas are only issued outside the US.

Edited April 20, 2020 by HRQX

[myperfectflaw 11]

28 minutes ago, HRQX said:

The K-3 visa is very, very rare. In fiscal year 2019 only 5 were issued in the whole world (0 in Europe): https://travel.state.gov/content/dam/visas/Statistics/AnnualReports/FY2019AnnualReport/FY19AnnualReport-TableXVI-B.pdf Page 2

He physically attends his interview in London. Visas are only issued outside the US.

Thank you for the answer to the second question, that definitively answers that! 

 

As to the first part, is that few processed because no one applies for them, or does no one apply for them because they're so difficult to get approved? 

[HRQX 4,145]

10 minutes ago, myperfectflaw said:

As to the first part, is that few processed because no one applies for them, or does no one apply for them because they're so difficult to get approved? 

A lot of people attempt to get the K-3 but almost all of them result in IR-1 (or CR-1). From the government:

USCIS: "However, because USCIS now takes less time to adjudicate the Form I-130, the current need for K-3 and K-4 visas is rare."

DOS: "Important Notice: When both petitions have been approved by USCIS and sent to the NVC or when USCIS approves the I-130 before the I-129F, the availability of, as well as the need for, a nonimmigrant K-3 visa ends. If the NVC receives both an approved I-130 petition and an approved I-129F petition:

• The nonimmigrant K-3 visa case will be administratively closed.
• The application process explained below will not be available to the foreign-citizen spouse and cannot be used.
• The NVC will contact the U.S. citizen sponsor and foreign-citizen spouse, with instructions for processing the IR-1 (or CR-1) immigrant visa. For more information on the immigrant visa process, review the Immigrant Visa for a Spouse webpage."

 

 

There is no fee for filing I-129F in a K-3 attempt.

[Sparkle Sparkle 914]

File I-130 or K1, given the current situation now... K1's have significantly slowed down at least for those that filed late last year expecially November - December (6-7 months).  But 2020 filers still see 3-4 approval (don't ask me why). On the other hand we have a reported case of approval of i-130 in a month!!!! See link below, so it all boils down to which one you think is better for you. 

 

Edited April 20, 2020 by Sparkle Sparkle

[Boiler 45,516]

K1's have a lot of downsides, the usual one relates to work, a long wait, now that may or may not be an issue. Expediting is not guaranteed and if successful means the process is quicker but not quick.

[Crazy Cat 41,857]

19 hours ago, myperfectflaw said:

I'm the US citizen, other half is from the UK. 

 

I have ESRD and will be getting my kidney transplant soonish (it's considered an "elective" surgery, so it's been put on hold during the pandemic). I need to have someone that can take care of me during this time and would very much like it to be my fiance of course. 

 

So, with K1 being the fastest approval overall, we were leaning that way - but then someone recommended we instead get married while he's here next (as soon as flights are allowed again) and then file our K3 and try to get it expedited due to medical reasons. 

 

I don't know if that is a likely situation to have an expedition approved on, or how quickly it would happen. If it was approved before his ESTA expired, does he just stay here and adjust status here? Does he have to go back to interview in London or can he do that here instead? 

 

Not sure what the best option is right now, help! 

I would definitely lea toward a CR-1 vs a K-1....

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.
  �

 

Edited April 20, 2020 by Lucky Cat

[geowrian 22,337]

8 hours ago, myperfectflaw said:

As to the first part, is that few processed because no one applies for them, or does no one apply for them because they're so difficult to get approved? 

To apply for a K-3, you need an approved I-129F for a spouse. This requires an I-130 for them as well.

Per USCIS policy, they will adjudicate the I-130 first or at the same time as the I-129F. The vast majority of I-129Fs are then denied due to "Benefits received by other means".

 

Then you need the I-129F to get through NVC. NVC policy is that if an approved I-129F for a K-3 arrives at the same time or after the corresponding I-130, the I-129F will be closed. The I-130 remains open (for a CR-1 visa).

 

Only if you somehow get through both of those above, could you even apply for a K-3 visa.

I'm going from memory alone, but IIRC it was around 60% or more of K-3 visas were ultimately refused (Edit: meaning those that got through the above).

Edited April 20, 2020 by geowrian

[Nitas_man 3,100]

On 4/20/2020 at 1:09 AM, myperfectflaw said:

Thank you for the answer to the second question, that definitively answers that! 

 

As to the first part, is that few processed because no one applies for them, or does no one apply for them because they're so difficult to get approved? 

They join the petitions and process them together now.  They approve them both at the same time, send the approved the I130 to NVC for immigrant visa processing, and discard the I129F

 

They used to aporove them separately and the I129F used to be approved in a shorter time so the spouse could be in the US sooner.