Ah help! K1, CR-1, or DCF?! [merged threads]

[Emily8460 13]

Hey! 
Currently in the k1 process with my Tunisian fiancé. It was just sent to the USCIS. We are worried it will take awhile and he will miss my brothers wedding in March. Has anyone received a tourist visa while they were in the k1 process? Any advice or tips is appreciated. 

[powerpuff 6,697]

It’s already very difficult to get a tourist visa in Tunisia to start with. In order to get a tourist visa you must convince the interviewing officer you don’t have an immigrant intent and you have strong ties to Tunisia which will prompt you to return. How will you do that with K1 petition pending which shows clear immigrant intent? 
 

Additionally, according to the consulate’s website, they’re not processing tourist visas so that’s something to consider. 
 

I personally haven’t heard of anyone getting a tourist visa with a K1 pending, especially during COVID when consular services are limited. The cases I’ve seen already had a tourist visa before the K1 process started. 

Edited August 22, 2021 by powerpuff

[Boiler 45,474]

First question can he get an interview by March?

[Emily8460 13]

We used Raid visa before I discovered this website 😰 they made it seem like it would take 6 months no problem. Clearly now it seems it will take longer. So what would be the quickest way to get him to the states. Even for him to visit then come back to Tunisia? We are currently both in Tunisia together. 

[Boiler 45,474]

Sadly RapidVisa seem to cause a lot of problems,  no idea what your time line is, generally CR1 is a better bet when starting from scratch.

 

You may well be too far into a K1 to make sense to change.

[Emily8460 13]

Yeah everything was successfully sent yesterday to USCIS 😅 but it hasn’t been received yet. Yeah rapid visa told us k1 is fastest… now can he get a work visa while doing the k1 visa? 

[Crazy Cat 41,841]

4 minutes ago, Emily8460 said:

We used Raid visa before I discovered this website 😰 they made it seem like it would take 6 months no problem. Clearly now it seems it will take longer. So what would be the quickest way to get him to the states. Even for him to visit then come back to Tunisia? We are currently both in Tunisia together. 

I wish you had found VJ before submitting the I-129f. CR-1s are a much better option, imo, when the couple is already living together.

 

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 6-8 months)    
    Spouse can not work until she/he receives EAD (approx 6-8 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.
  �

 

[Boiler 45,474]

They are separate visa's, so a work visa with dual intent would be theoretically possible.

 

I would not take too much notice of what RapidVisa told you.

[Crazy Cat 41,841]

7 minutes ago, Emily8460 said:

now can he get a work visa while doing the k1 visa?

It depends on his education, skills, and finding a company who would sponsor him.  

[Emily8460 13]

12 minutes ago, Crazy Cat said:

I wish you had found VJ before submitting the I-129f. CR-1s are a much better option, imo, when the couple is already living together.

 

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 6-8 months)    
    Spouse can not work until she/he receives EAD (approx 6-8 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.
  �

 

So we just saw that our petition hasn’t been received yet by the USCIS it’s still at the usps… should we cancel and apply for CR-1. We have been living together a year and want to move to us ASAP buy a house and start working. We had no idea that k1 visa was the worse option. Abu advice helps thanks!!

[Emily8460 13]

13 minutes ago, Boiler said:

They are separate visa's, so a work visa with dual intent would be theoretically possible.

 

I would not take too much notice of what RapidVisa told you.

I feel like they told us wrong. So would spouse visa be better? 

[Crazy Cat 41,841]

1 minute ago, Emily8460 said:

So we just saw that our petition hasn’t been received yet by the USCIS it’s still at the usps… should we cancel and apply for CR-1. We have been living together a year and want to move to us ASAP buy a house and start working. We had no idea that k1 visa was the worse option. Abu advice helps thanks!!

You could cancel payment, then the I-129f would be rejected.  You could then submit an I-130 and start the spousal visa process.  Neither option is fast.  

[Crazy Cat 41,841]

3 minutes ago, Emily8460 said:

I feel like they told us wrong. So would spouse visa be better? 

That's a personal decision.  Take a look at my list above.  Even if your fiance enters the US via a K-1, he cannot work for months and months.  

Edited August 22, 2021 by Crazy Cat

[Coco8 1,042]

K1 are not being prioritized and many are having issues. Also, you have been living together for a year and some people have had problems of being "too married but not married" for a K1. 

 

What @crazycat said about cancelling payment, withdrawing application, seems most sensible. 

 

14 minutes ago, Emily8460 said:

want to move to us ASAP buy a house and start working

There is no way to move ASAP. 

 

Also, a work visa es extremely difficult to get. They are based on lottery because H1B have quotas. I don't see it happening unless unless he works at a international company. Plus, H1B quota for 2021 has been met. The next application round for H1B is April 2022. That's almost a year from now.

 

 

 

 

[Emily8460 13]

15 minutes ago, Crazy Cat said:

That's a personal decision.  Take a look at my list above.  Even if your fiance enters the US via a K-1, he cannot work for months and months.  

Do you know what the time difference is? Like from now to getting approval?