Should I switch to K1 from IR1/C1?

[DaveAndAnastasia 2,092]

3 minutes ago, mrhazey said:

Is there a link anywhere that states the US Consulate in HCMC is processing K-1 visas? The link provided by Luckycuds above shows that they were only processing CR1s at this current time.

It doesn't really matter to you what they're processing now; you haven't filed anything yet.

 

It matters to you what they're processing when your petition is approved, which won't be for months even if you file today.

[JFH 12,190]

2 hours ago, mrhazey said:

We can probably travel somewhere to get it done, but we opted not to due to Covid and we don't want to pose that risk to other people surrounding us. Just for my understanding when you said 'unless I can get married imminently', can you elaborate on that? It was my understanding that the marriage would have to happen in her country if we did the CR-1 or within 90 days in the US if it was K1.

I suggested “imminently” because unless you can get married in the very near future you will not really save any time (if time is your priority) with the CR-1. It takes a good year to process and you can’t do that until you are married. So, if you can‘t get married for another 6 months or so you will be waiting 18+ months for the visa. You can start the K-1 now. 
 

For the CR-1 the marriage can take place anywhere in the world - her country, the USA, a cruise ship, a beach in the Caribbean, your choice. 

Edited July 27, 2020 by JFH

[Lucky2Lucky 2,526]

33 minutes ago, mrhazey said:

Funny I was just looking that up at the same time as I got your reply. I'll discuss it with my fiancee but I think if we'll both agree that if in September Vietnam still will not open up their borders, we may file for K1 instead. You were correct in them prioritizing critical visas and my guess is they will eventually get to the non-critical ones such as K1 in due time. Unfortunately I do not have high hopes for Covid calming down until next year and the already extended time frames for getting everyone's visas processed, I think going K1 will still take a shorter time frame over CR-1 currently for my situation.

 

Side question; With the information that I posted in my original comment, even though after our initial meet I did travel back to see her one time and we also traveled together, with photos and travel documentation evidence, text history and etc; in your opinion do you think that would be sufficient to get approved? I have not read the other topics that were posted yet so I don't really have anything to compare against as far as our interactions and evidencing.

Personally, I think the information you provided is enough evidence to get a k1 approved. For the initial petition you only have to show meeting each other within the last 2 years which you have done and have documented. I would suggest to submit all your proof initially- both meetings (passport stamps/flight bookings etc). Heck, I'd even share my canceled flight due to COVID if I still have it in my email. There are some countries where 2 meetings might not be sufficient (high fraud countries- think Morocco, Pakistan etc) but I haven't seen anything about Vietnam being "tough". 

You are definitely asking all the right questions- I wish you luck on your journey whatever one you chose. Keep in mind you can search the Vietnam specific portal on this website to get info specific to your embassy/connect with members/follow their journey, as well as the K1 and CR1 specific threads to get a better understanding of each visa and read others opinion of pros/pitfalls etc.. of each. 

[mrhazey 4]

4 minutes ago, JFH said:

I suggested “imminently” because unless you can get married in the very near future you will not really save any time (if time is your priority) with the CR-1. It takes a good year to process and you can’t do that until you are married. So, if you can‘t get married for another 6 months or so you will be waiting 18+ months for the visa. You can start the K-1 now. 
 

For the CR-1 the marriage can take place anywhere in the world - her country, the USA, a cruise ship, a beach in the Caribbean, your choice. 

Thank you for the clarification!

 

2 minutes ago, Luckycuds said:

Personally, I think the information you provided is enough evidence to get a k1 approved. For the initial petition you only have to show meeting each other within the last 2 years which you have done and have documented. I would suggest to submit all your proof initially- both meetings (passport stamps/flight bookings etc). Heck, I'd even share my canceled flight due to COVID if I still have it in my email. There are some countries where 2 meetings might not be sufficient (high fraud countries- think Morocco, Pakistan etc) but I haven't seen anything about Vietnam being "tough". 

You are definitely asking all the right questions- I wish you luck on your journey whatever one you chose. Keep in mind you can search the Vietnam specific portal on this website to get info specific to your embassy/connect with members/follow their journey, as well as the K1 and CR1 specific threads to get a better understanding of each visa and read others opinion of pros/pitfalls etc.. of each. 

Thank you! I haven't had time to go digging further on this website but I will do so. Appreciate your help and responses!

[SalishSea 17,842]

1 hour ago, DaveAndAnastasia said:

It doesn't really matter to you what they're processing now; you haven't filed anything yet.

 

It matters to you what they're processing when your petition is approved, which won't be for months even if you file today.

Good point.  OP, USCIS seems to be processing all petitions, so that phase is likely to go off without a hitch either way.  Even if you could file today, it will take 6-12 months at the very least for an approved petition to make it to HCMC.  

 

No one can realistically predict the status of visa processing a year from now.

[Orangesapples 1,954]

3 hours ago, aaron2020 said:

The US Consulate in HCMC is processing K-1 visas.  

After 99 days without any cases of community transmission, Danang has had 15 cases of community transmission in the last 3 days.  Tourists are ban from the city and non-essential businesses have been ordered closed.

 

It's extremely unlikely that US citizens will be able to enter in September.  Vietnam is considering opening up only to countries without raging Covid-19 outbreaks in September.  The US will not be on that list.  IMHO, the earliest that US tourists will be able to enter Vietnam is Summer 2021; if not until 2022.  

File for the K-1 if you want to be together by end of 2021.  If you wait for Vietnam to open up to US citizens in 2021 or 2022 so you can get marry there, you are looking at the end of 2022 or 2023 for her to immigrate to the US.  

I agree, even if they do open up for some countries, the US is unlikely to be one of them. 

Edited July 27, 2020 by Orangesapples

[Loren Y 2,755]

4 hours ago, JFH said:

For the CR-1 the marriage can take place anywhere in the world - her country, the USA, a cruise ship, a beach in the Caribbean, your choice

As a note to this, if you decide on a cruise ship, they only perform ceremonies while in port, or tied up to a dock, and then the marriage is registered in that country you are at port in. If you are in Mexico, those rules apply, at port in the Bahamas those rules apply, you will have to meet legal requirements at the port you are in. For example, carnival cruise offers marriage packages all the time, and they do most of them before the boat leaves port ( Miami,FL) is a very popular example. Just don't want anyone to think you can get married while " At Sea" in international waters as it won't be a valid marriage. But I agree, you can get married anywhere you can get to to perform a Legal marriage.

[mrhazey 4]

1 hour ago, Orangesapples said:

I agree, even if they do open up for some countries, the US is unlikely to be one of them. 

Yeah unfortunately I'd have to agree with you there. The US isn't going to be accepted by many countries and some have already prohibited flights to the US.

[mrhazey 4]

17 minutes ago, Loren Y said:

As a note to this, if you decide on a cruise ship, they only perform ceremonies while in port, or tied up to a dock, and then the marriage is registered in that country you are at port in. If you are in Mexico, those rules apply, at port in the Bahamas those rules apply, you will have to meet legal requirements at the port you are in. For example, carnival cruise offers marriage packages all the time, and they do most of them before the boat leaves port ( Miami,FL) is a very popular example. Just don't want anyone to think you can get married while " At Sea" in international waters as it won't be a valid marriage. But I agree, you can get married anywhere you can get to to perform a Legal marriage.

That's another option but we opted to not take that route, we don't want to bring the risk back home to others surrounding us and potentially others. The description does help though, thank you!

[mrhazey 4]

While I was discussing this with my fiancee, she had heard a lot of stories that it's very easy to get rejected when doing a K-1 visa and that it would be exponentially harder to get approval again. I explained to her that we seemed to meet all the requirements and that as long as we are truthful and honest with our documents/interview that we "should" pass. Does anyone have any experience with this or provide more information on what can potentially cause the denial even if we meet the requirements? Or why it gets harder to get approved after the first rejection?

[aaron2020 11,651]

29 minutes ago, mrhazey said:

While I was discussing this with my fiancee, she had heard a lot of stories that it's very easy to get rejected when doing a K-1 visa and that it would be exponentially harder to get approval again. I explained to her that we seemed to meet all the requirements and that as long as we are truthful and honest with our documents/interview that we "should" pass. Does anyone have any experience with this or provide more information on what can potentially cause the denial even if we meet the requirements? Or why it gets harder to get approved after the first rejection?

Tell your fiancee to stop listening to the Vietnamese gossip machine.  Most of the people in Vietnam have never been in US Consulate, but they know everything.  One of my relative was a "visa consultant" after one week of training and never been inside the consulate or even applied for a visa.  Good grief.  

The primary reason for a K-1 visa is that the US Consulate believes the relationship to be fraudulent for a green card.  Usually, the couple has only met once to meet the minimum requirement to file for the K-1.  The US Consulate in HCMC guesstimate that 1 in 7 K-1/CR-1 relationship is fraudulent and only for a green card.  That's what you're up against.  

 

Another reason is lying about something - lies on prior tourist or immigration visa applications, omitting prior marriages, Communist Party membership, etc.

 

You have a genuine relationship where you have met on two separate trips and you've travelled together.

 

If you get rejected, of course it makes any further application harder.

 

You have enough to get through the K-1 process.  If your fiancee would rather go for the CR-1, then you've got a long wait.  Of course you will have more relationship evidence.

 

Best of luck.

[mrhazey 4]

7 minutes ago, aaron2020 said:

Tell your fiancee to stop listening to the Vietnamese gossip machine.  Most of the people in Vietnam have never been in US Consulate, but they know everything.  One of my relative was a "visa consultant" after one week of training and never been inside the consulate or even applied for a visa.  Good grief.  

The primary reason for a K-1 visa is that the US Consulate believes the relationship to be fraudulent for a green card.  Usually, the couple has only met once to meet the minimum requirement to file for the K-1.  The US Consulate in HCMC guesstimate that 1 in 7 K-1/CR-1 relationship is fraudulent and only for a green card.  That's what you're up against.  

 

Another reason is lying about something - lies on prior tourist or immigration visa applications, omitting prior marriages, Communist Party membership, etc.

 

You have a genuine relationship where you have met on two separate trips and you've travelled together.

 

If you get rejected, of course it makes any further application harder.

 

You have enough to get through the K-1 process.  If your fiancee would rather go for the CR-1, then you've got a long wait.  Of course you will have more relationship evidence.

 

Best of luck.

I chuckled reading the first sentence in your reply because you are correct. She was reading stories from other people's experiences from a Facebook group (in Vietnam) that are all "going" through the process or succeeded/failed. My assumption was that most of the the failed stories were either fraudulent or indeed some sort of lie.

 

Thanks for the upper!

[AMac13 5]

I think you need to evaluate your situation a little more. I can only speak from experience of going through the CR-1 visa process currently. Seeing as you haven’t filed anything yet you’re going to be waiting a while. If you want to go the CR-1 route, what is the living situation going to be? Is she going to stay in Vietnam and you in America? Will you both live in Vietnam? Currently just to get the I-130 approved you’re looking at around 12 - 18 months. Then you’re sent to NVC which is going to put you out another 3-6 months depending. We’re currently at 16 months and just got DQ at NVC. So I just wanted to put it into context of the wait and current times you can expect so you can further decide which route is best for you. Again we’re currently at 16 months and still going coming from Ireland. Coming from Vietnam might take even longer. Just something to consider.

[Crazy Cat 41,898]

11 hours ago, mrhazey said:

While I was discussing this with my fiancee, she had heard a lot of stories that it's very easy to get rejected when doing a K-1 visa and that it would be exponentially harder to get approval again. I explained to her that we seemed to meet all the requirements and that as long as we are truthful and honest with our documents/interview that we "should" pass. Does anyone have any experience with this or provide more information on what can potentially cause the denial even if we meet the requirements? Or why it gets harder to get approved after the first rejection?

In reality, the "difficulty" for some K-1 holders is the period between marriage  in the US and obtaining the Green Card.  Some people people find this period difficult due to the inability to work or travel outside the US for 5-7 months.  

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.
    A denied K-1 is sent back to USCIS to expire
  

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.

    An intent to deny can be reviewed and rebutted.
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