Please help. I am overwhelmed and don’t even know where to begin

[Bobio 3]

I will be brief because I know no one wants to read and hear a long story. I am American, my girlfriend/fiancé is in Colombia. Because of the embassy being closed in Bogotá we don’t know what we should do, should we apply for the K-1 visa, or the spousal visa? And I don’t even know the official names of these actual visas. I was told by an American man who married a Colombian woman that typically the K-1 visa only takes nine months for the foreigner to come to America, but that is no longer the case due to Covid and the embassy being closed and that it now takes up to a year, if not longer. So if it takes the same amount of time as the spouse visa now takes, should we just get married in Colombia? I’m going there next month again and don’t know what to do. Please help. Thank you

[Dashinka 24,508]

I would suggest starting by reading the guides located at the top of this page.  The choice between a K1 (fiancé visa) or CR1/IR1 (spousal visa) is often discussed here on VJ.  In general, the spousal visa is superior, but takes a little longer generally (not sure that is still the case right now with Covid19), but of course before you can file for a spousal visa you actually have to get married legally somewhere.

 

Anyway, start with the visa guides, and then if you have specific questions, there are always folks here willing to help.

 

Good Luck!

 

https://www.visajourney.com/guides/

[Crazy Cat 41,886]

There is a lot to consider:

 

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

K-1
    
    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
 

    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 to remove faster arrival for either visa.

Edited February 3, 2021 by Lucky Cat

[Bobio 3]

Thank you both so much for your answers. That is so kind of both of you to take time out of your busy day to help me. It is just very overwhelming and now with Covid, the world is upside down. So here is just a little background information; I’m a 48-year-old divorced man and she is a 31-year-old divorced woman. We have been together for a year, are completely in love and want to get married. We both have children. We want to be together as soon as possible to start our life together. One question, if we do the spouse visa, she cannot come to see me until she gets here legally, correct? But I can visit her as often as I am able to with my work? We just want to start our lives together. Thank you again.

[Crazy Cat 41,886]

6 minutes ago, Bobio said:

One question, if we do the spouse visa, she cannot come to see me until she gets here legally, correct?

Visiting during the spousal visa is fine as long as she has or can obtain a tourist visa.  It is exactly the same during the K-1 visa process.  

[Crazy Cat 41,886]

Many spouses visit the US during the visa process.  All entries are subject to the discretion of CBP at the border.

[Bobio 3]

1 minute ago, Lucky Cat said:

Many spouses visit the US during the visa process.  All entries are subject to the discretion of CBP at the border.

This is news to me. I was told that it is virtually impossible for them to come here to visit because it's assumed that they're just going to stay so they're guilty until proven innocent. 

[Bobio 3]

So, is there a firm answer on which is quicker for us to be together full time as husband and wife, fiancé or spouse visa? Or does it depend on certain things?

[Crazy Cat 41,886]

Just now, Bobio said:

This is news to me. I was told that it is virtually impossible for them to come here to visit because it's assumed that they're just going to stay so they're guilty until proven innocent. 

It is true that ALL visitors are assumed to have intent to stay illegally in the US.  However, many spouses visit during the process.  See the following thread

 

 

[Bobio 3]

Just now, Lucky Cat said:

It is true that ALL visitors are assumed to have intent to stay illegally in the US.  However, many spouses visit during the process.  See the following thread

 

 

I did start to read that thread a few days ago. Thank you. 

[aaron2020 11,651]

1 minute ago, Bobio said:

So, is there a firm answer on which is quicker for us to be together full time as husband and wife, fiancé or spouse visa? Or does it depend on certain things?

The K-1 is faster by a few months but it's a longer and more expensive road to a green card.  The BIG DOWNSIDE is not be able to work legally or travel internationally without abandoning the green card process for about 6-8 months while waiting for the EAD and AP.  If working is important and she doesn't want to be idle for 6-8 months, then the spousal visa route is better.  Quicker should only be one of the considerations since there are significant drawbacks to the fiancee visa.

 

 

[Crazy Cat 41,886]

6 minutes ago, Bobio said:

So, is there a firm answer on which is quicker for us to be together full time as husband and wife, fiancé or spouse visa? Or does it depend on certain things?

There is no firm answer.  In Pre-Covid times, the processing time for K-1 visas was, on average, a little shorter.  That is not necessarily true now, due to the travel bans and Covid shutdowns.  Spouses were exempt from most of the travel bans...while Fiances were not.

Many people, including me, think that the spousal visa is far superior for several reasons.

 

Edited February 3, 2021 by Lucky Cat

[aaron2020 11,651]

5 minutes ago, Bobio said:

This is news to me. I was told that it is virtually impossible for them to come here to visit because it's assumed that they're just going to stay so they're guilty until proven innocent. 

Under US laws, all visitors are presumed to want to illegally immigrate.  It's their burden to show that they intend to return home after visiting.

 

If a person has an existing visitor visa, then visiting the US is easy. 

If a person needs a visitor visa, then it's much harder to show non-immigrant intent when there's a US citizen seeking to bring them to the US to live.  
 

[Bobio 3]

1 minute ago, aaron2020 said:

The K-1 is faster by a few months but it's a longer and more expensive road to a green card.  The BIG DOWNSIDE is not be able to work legally or travel internationally without abandoning the green card process for about 6-8 months while waiting for the EAD and AP.  If working is important and she doesn't want to be idle for 6-8 months, then the spousal visa route is better.  Quicker should only be one of the considerations since there are significant drawbacks to the fiancee visa.

 

 

Hey Aaron, thanks so much for the response.  We've discussed all of that and she's ok with staying in the states for a while and not working (she'll just go to the local CC and take ESL classes). I have heard that K1 is typically faster but since the embassy in Colombia is closed, that's not the case now, that's why we're so confused on what to do. If they now take the same amount of time for her to get here, maybe we should just get married in Colombia next month. Thanks, Bobby

[Bobio 3]

2 minutes ago, aaron2020 said:

Under US laws, all visitors are presumed to want to illegally immigrate.  It's their burden to show that they intend to return home after visiting.

 

If a person has an existing visitor visa, then visiting the US is easy. 

If a person needs a visitor visa, then it's much harder to show non-immigrant intent when there's a US citizen seeking to bring them to the US to live.  
 

Right, that's what I was saying to Lucky Cat. She does have her kids and mom in Colombia, and she's the sole bread winner, so that is a compelling reason to go back there until her visa is approved. We just don't know what to do now.