Can't decide between K-1 visa or spouse for my Fiancé who lives in colombia

[Kimgaba 8]

To clarify my information our mail goal is ofcourse to live together, she is currently a student online. The relationship so far has been me having to fly over to colombia to visit her and because she doesn't live in a main city she has to travel about 7 hours in a travel bus and so we end up metting and staying in hotels, suffice to say its been expensive. She hasnt applied for a tourist visa because the wait time atm is aboit 550+ days that's not even counting the assumption that anything happens it will be slower 

 

I'm aware that K-1 would be faster and sinse she studies online and maybe even do some courses here she can probably adjust, however waiting 6 - 8 months stuck here on limited choices is harsh. But we are leaning towards this one. What can she actually do here in the US legally while she waits for parole? Can she register for school and such?

 

The spouse visa would also take too long, i would have to see her once in a while for a few days for 14 - 20 months its a lot, not to mention expensive and that's not even counting the idea that if she does start to work we just flat out would be seeing very little of each other. Can the K-3 visa help facilitate the 14 - 20 month process or would it delay it?

 

Any other choices/advice would be welcome, we have also thought about her coming here as a student to study english while also doing her main courses online while she waits for the spouse visa but i was told she would be denied the student visa because of the application for permanent residency.

[Allaboutwaiting 2,503]

Your best choice in my opinion is to marry and apply for the spousal visa.

[JeanneAdil 6,606]

spouse visa for so many reasons

K1 is not faster as many embassies are so backlogged

 

 

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, I-944) 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.

 

[Dashinka 24,707]

I agree, the spousal visa is overall a superior visa, and the K1 processing time advantage has fizzled lately mainly between the NVC and Consulate.

 

Good Luck!  

[Kimgaba 8]

1 hour ago, JeanneAdil said:

spouse visa for so many reasons

K1 is not faster as many embassies are so backlogged

 

 

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, I-944) 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.

 

But she can't come visit me at all until the spouse visa goes through. I'd have to make short 4 to 6 days 700 - 900 dollar trips during holidays to see her for the 14 - 20 months. Which is why i'm interested in knowing if the K-3 visa would shorten that wait time for her ti visit to an advantage? If not what can she legally do in the US while she waits for a change of status as a K-1 spouse?

[powerpuff 6,746]

13 minutes ago, Kimgaba said:

But she can't come visit me at all until the spouse visa goes through

So you think that she’ll be able to visit while waiting for a K1? It’s not a short process either. You’re looking at 12 months minimum, possibly longer.

 

13 minutes ago, Kimgaba said:

Which is why i'm interested in knowing if the K-3 visa would shorten that wait time for her ti visit to an advantage?

this is a confusing question.. K3 visa is for married folks and it has been administratively closed

 

13 minutes ago, Kimgaba said:

If not what can she legally do in the US while she waits for a change of status as a K-1 spouse?

Not much. No work, no travel and depending on the state, no driving either. Some have studied during this time but this is specific to an educational institution - some will let her, some won’t, there’s also an issue of whether or not you’ll have to pay an in state tuition or an out of state tuition since her status will be in limbo.

 

Edited January 26, 2022 by powerpuff