I want my fiance to apply for a B-2 before we file the K-1 just in case it takes too long. Anything we should avoid ?

[Kimgaba 8]

I understand that because we will file for a K-1 after submitting the B-2 the interview will become a lot harder to win and she may even be denied the interview itself. But the wholehearted honesty of it is for her to just visit. We are wanting to get married, but the second goal after that is so she can get a parole to go back home and finish her own personal dealings while I save and plan up our eventual move in together for permanent residency. Any suggestions or tips on what to and not include in the application or interview? the agencies from where she's from are flat out saying not to bother because she will be 100% denied because of the K-1, but given the randomness of the world, and the unknown USCIS process times/work habit I want to try just in case the K-1 takes forever.

[igoyougoduke 1,674]

how is she getting parole if she is visiting on b-2 visa ? 

[Timona 4,208]

Just apply for CR-1. 

Utah zoom marriage is apparently legal. 

Whatever you just mentioned looks like you're trying to be smart by getting a B-2 to circumvent timelines, come to US and adjust. Probably, that's why you mentioned the AP, albeit unknowingly. 

[Kimgaba 8]

18 minutes ago, Timona said:

Just apply for CR-1. 

Utah zoom marriage is apparently legal. 

Whatever you just mentioned looks like you're trying to be smart by getting a B-2 to circumvent timelines, come to US and adjust. Probably, that's why you mentioned the AP, albeit unknowingly. 

The utah thing sounds like something that may get a fix.

[Rocio0010 5,599]

It might look like you’re trying to get a shortcut. 
1) have her apply for a B1/B2

2) get married in the US.

3) she leaves

4) apply for a CR1

[Boiler 45,907]

Nearly 2 years to get an appointment for a B in Bogota.

[Kimgaba 8]

6 minutes ago, Rocio0010 said:

It might look like you’re trying to get a shortcut. 
1) have her apply for a B1/B2

2) get married in the US.

3) she leaves

4) apply for a CR1

Well it's just an incase. It's unlikely to be needed considering it's like 600+ days for an interview in her consulate. But just in case things go south somehow over here she'd at least be able to travel a year and a half from now.

[Boiler 45,907]

3 minutes ago, Kimgaba said:

Well it's just an incase. It's unlikely to be needed considering it's like 600+ days for an interview in her consulate. But just in case things go south somehow over here she'd at least be able to travel a year and a half from now.

That assumes she is issued a B

[Rocio0010 5,599]

4 minutes ago, Kimgaba said:

Well it's just an incase. It's unlikely to be needed considering it's like 600+ days for an interview in her consulate. But just in case things go south somehow over here she'd at least be able to travel a year and a half from now.

I don’t understand why you’re not going for a CR1 instead. Way simpler

[Kimgaba 8]

29 minutes ago, Rocio0010 said:

I don’t understand why you’re not going for a CR1 instead. Way simpler

we're not married yet, and a plan to get married right now and then provide enough accurate details on said marriage to make it seem super legit for the process would probably take about a month and a half extra if not more. From the progress i've read things like joint bank accounts, among other things married couple do would make things a lot better smoother. Getting married and jumping right on to the CR1 would bring red flags no? we'd also have to plan the wedding to get the right witnesses and signatures Right now I can just finish the paper work for the K-1 and submit it since we have plenty of pictures and details of us meeting and even traveling with each other. Lastly she is a student over there on a scholarship that she would probably lose if she changes her status over there. Her plan is to come here and while she waits for papers and documents continue on studying online.

Edited January 30, 2022 by Kimgaba

[Rocio0010 5,599]

36 minutes ago, Kimgaba said:

Getting married and jumping right on to the CR1 would bring red flags no?

No. 

 

37 minutes ago, Kimgaba said:

about a month and a half extra if not more

Yeah, but it’s time you’re buying. K1’s have some many drawbacks. One of them is the inability to work at travel abroad until one receives the EAD card. With a CR1, the beneficiary is a Gc holder the minute they land into the US, and can work and travel without having to wait.

 

39 minutes ago, Kimgaba said:

she would probably lose if she changes her status over there

Why would her status here make her lose something? It’s not like she’s giving up her nationality. You are not sure about this. 
Find the facts before you jump into the K1

[Kimgaba 8]

15 minutes ago, Rocio0010 said:

No. 

 

Yeah, but it’s time you’re buying. K1’s have some many drawbacks. One of them is the inability to work at travel abroad until one receives the EAD card. With a CR1, the beneficiary is a Gc holder the minute they land into the US, and can work and travel without having to wait.

 

Why would her status here make her lose something? It’s not like she’s giving up her nationality. You are not sure about this. 
Find the facts before you jump into the K1

For us to file the CR1 her status in colombia would change from single to married. That would cause her to lose the scholarship.

 

I understand that the CR1 makes it so she can travel and work on the spot however it is unless we get lucky a longer process and with the K-1 she'd have to wait but we talked about it and she's good with the wait so long as we can be together. It's also a good preview of how we would handle each other living together.

 

Putting it this way between now and june putting all my days off i could probably see her for about 10 days including the double weekend. And then id be lucky to see her 3 - 4 days the rest of the year every 2 months or so. Right now i gather holidays + PTO for visit because i dont get vacation time, just time off allowance. So since she's just going to be studying anyways we talked about it and she'll stay home, go to the gym and social gatherings while going to school for her planned career and take online courses for other things. Luckily my employer also has spouse suport that so long as we got a marriage certificate they will also provide money for her to study. Even if she had the CR1 to work her dominance of the english language and her lack of a degree will make it difficult for her to work in a good spot.

Edited January 30, 2022 by Kimgaba

[JeanneAdil 6,606]

OP is post is  confusing

 

u write Her plan is to come here and while she waits for papers and documents continue on studying online.

but say  my employer also has spouse support

but say she would loose her scholarship if married 

married is married no matter where married 

 

and a B1/ B2 is nonimmigrant has she would have to return to Columbia or her home country  

 

this part is really wrong  my employer also has spouse support that so long as we got a marriage certificate they will also provide money for her to study. 

 

it shows a plan to commit fraud /coming here on a tourist visa with intent to stay

 

apply for the K1 ,  wait out the almost 2 years letting her finish her studies and do this the right way

don't try to circumvent the immigration process 

Edited January 30, 2022 by JeanneAdil

[SalishSea 18,072]

3 hours ago, Kimgaba said:

I understand that because we will file for a K-1 after submitting the B-2 the interview will become a lot harder to win and she may even be denied the interview itself. But the wholehearted honesty of it is for her to just visit. We are wanting to get married, but the second goal after that is so she can get a parole to go back home and finish her own personal dealings while I save and plan up our eventual move in together for permanent residency. Any suggestions or tips on what to and not include in the application or interview? the agencies from where she's from are flat out saying not to bother because she will be 100% denied because of the K-1, but given the randomness of the world, and the unknown USCIS process times/work habit I want to try just in case the K-1 takes forever.

If you mean that you think after arriving on the K-1, she would use the B to leave and parole back in, that’s not how that works.   The B would be cancelled, and she’d be stuck waiting 8+ months for AP, like all K-1 holders do.

[Rocio0010 5,599]

No offense, OP. But you have a lot of research to do:

28 minutes ago, Kimgaba said:

For us to file the CR1 her status in colombia would change from single to married.

??? Married is married everywhere, no matter the visa you're under. In addition, if you file for a K1, she'd have to marry and apply for AOS within 90 days of her arrival, so there is that time constraint. 

 

30 minutes ago, Kimgaba said:

it is unless we get lucky a longer process 

No, not really. Bear in mind that with a CR1, you don't have to adjust status, so in 1-2 years you would be done. With a k1, you have a minimum of a year with the k1 itself, then a year or more with the AOS. 

 

31 minutes ago, Kimgaba said:

she's good with the wait so long as we can be together.

That's the biggest regret that people that have taken the K1 route come to report. They do it so they can be together faster. However, we see many more couples with a faster approval with a CR1. Or at least way less complications. She can also visit you with a B1/B2 visa while you wait on it.

 

33 minutes ago, Kimgaba said:

preview

Well, it wouldn't be a preview. It would actually be the real thing. She's going to be stuck for 8-9 months in here with a k1.