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 ?

[powerpuff 6,746]

So you want to play a gamble and wait 2 years to see if she might get a tourist visa and then another 1-2 years for a K1? So you want to spend 4 years on this whole thing, am I understanding this right? 

[Kimgaba 8]

10 minutes ago, Rocio0010 said:

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

??? 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. 

 

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. 

 

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.

 

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.

We understand, the overall thing is that if we get unlucky, our CR1 application can end up in California. At that point we'd be toast. Even this site says Avg days between NO1 and NO2 is 226 + NO2 to interview is about 300. And Colombia doesn't have one of the fastest consulate, even India's is fastest. So we'd be riding on luck, with the K-1 we have more assurance as to what to expect. 

She's also never been to the US, you're right it's going to be the real thing not just a preview but point being she's not going to be making use of the CR1 benefits right away, it's going to take a while for her to adjust and settle here and she'll be studying through a Colombian university online and take advantage of w/e she can from schools here while she settles and finishes. So her having a CR1 visa right away will still have her sitting at home for a while, while she get's used to the new environment she's never seen before. Which is the personal reason why we're going through with the K-1 visa, to be together faster, and she'll be getting used to life here in the months she waits. We're also doing her mother and sister's B2 so they'll be able to visit her.

TL;DR even with the CR1 spousal visa her plan would be the same as the K-1 visa, stay home, get used to the setting and study and learn. I told her and read through the different visas for her and let her do her own decision. She said she wanted to do the K-1 for those stated reasons, if she can't take it then she'd gone home and take it as the relationship didn't work out. After all that first year living together could be good, or bad but overall the shortest time in a supposedly "life time" relationship. So she's going to deal with it.

[Kimgaba 8]

6 minutes ago, powerpuff said:

So you want to play a gamble and wait 2 years to see if she might get a tourist visa and then another 1-2 years for a K1? So you want to spend 4 years on this whole thing, am I understanding this right? 

No, we're applying for the B2 and then immediately the K-1, we're not waiting for approval. The B2 is only just in case for w/e unforeseen reason the K-1 get's canned or doesn't go through. The B2 application is going along with her own mother's and sister's so we though what the heck just in case the K-1 get's lost or idk. I was originally asking if there was something to watch out for if we were applying for both the visas because I know the tourist/visitors visa relies entirely on the idea that if she travels here she's planning to go back home and not stay here, and that would be the honest intent if she does get a visitors visa before the K-1, although unlikely but we wanted to try.

[JeanneAdil 6,606]

Op  

your posts asks  Anything to avoid?

yes!   avoid your whole plan as it is now

If u want to marry,  marry

if u want to do a fiance visa,  apply for that 

but a tourist visa with intent to marry and adjust here (if it works)   NO

and India is not faster / they go thru long AP process of months or years after the interview 

[Rocio0010 5,599]

Avoid your plan overall, honestly. Recipe for disaster.

[Kimgaba 8]

31 minutes ago, JeanneAdil said:

Op  

your posts asks  Anything to avoid?

yes!   avoid your whole plan as it is now

If u want to marry,  marry

if u want to do a fiance visa,  apply for that 

but a tourist visa with intent to marry and adjust here (if it works)   NO

and India is not faster / they go thru long AP process of months or years after the interview 

Okay, I'll take the advice and just stick to one.

[mushroomspore 3,044]

1 hour ago, Kimgaba said:

No, we're applying for the B2 and then immediately the K-1, we're not waiting for approval. The B2 is only just in case for w/e unforeseen reason the K-1 get's canned or doesn't go through. The B2 application is going along with her own mother's and sister's so we though what the heck just in case the K-1 get's lost or idk. I was originally asking if there was something to watch out for if we were applying for both the visas because I know the tourist/visitors visa relies entirely on the idea that if she travels here she's planning to go back home and not stay here, and that would be the honest intent if she does get a visitors visa before the K-1, although unlikely but we wanted to try.

Another thing to consider about K1 vs CR1: you and your fiancée have no way to predict future circumstances, especially financial. K1 USED to be faster for reuniting couples but this is no longer the case. The REAL end goal is the green card. With K1, it's been pointed out she can't work or leave the US for at least 8 months. It's an unnecessary risk because you both have no idea what might happen with your finances or if an emergency happens abroad and your fiancée has to go back or if something else happens and she wishes to travel. Everyone wants to be together as soon as possible but you also have to be smart when choosing your legal options and "sooner" does not always equal "smart". Lots of K1 applicants have switched to CR1 because K1 to green card is taking at least 2.5 to 3 years. CR1 is only 1.5 to 2ish years and grants you the green card upon arrival into the US 

[Kimgaba 8]

10 minutes ago, mushroomspore said:

Another thing to consider about K1 vs CR1: you and your fiancée have no way to predict future circumstances, especially financial. K1 USED to be faster for reuniting couples but this is no longer the case. The REAL end goal is the green card. With K1, it's been pointed out she can't work or leave the US for at least 8 months. It's an unnecessary risk because you both have no idea what might happen with your finances or if an emergency happens abroad and your fiancée has to go back or if something else happens and she wishes to travel. Everyone wants to be together as soon as possible but you also have to be smart when choosing your legal options and "sooner" does not always equal "smart". Lots of K1 applicants have switched to CR1 because K1 to green card is taking at least 2.5 to 3 years. CR1 is only 1.5 to 2ish years and grants you the green card upon arrival into the US 

Thank you foe your imput and we're aware of it. All of that said it's true and we even argued about it. But no one can't promise the CR1 wont end up in the worst case spectrum, there are plenty of horror stories for and agaisnt both visas, eveeything is sadly based on luck and speculatuon, all we can do is rely on luck. As for my job, i feel decently confident that if an emergebcy happens, i'll have even more work to do not less. We also don't know when the next government drama might affect all of this and how, but we feel the time frame for K-1 is more balanced and the range is something we can mentally prepare for. At least I dont live in cali, from what i see they have it rough. Lastly we have talked with both our families and have thought that this was a good idea, and overall she was the one that made the final decision and argument.

[Boiler 45,907]

I thought K1s are processed in California 

[powerpuff 6,746]

21 minutes ago, Boiler said:

I thought K1s are processed in California 

They are. And processing time range increased few days ago and is now 9 to 12 months. 

[Rocio0010 5,599]

1 hour ago, Kimgaba said:

promise the CR1 wont end up in the worst case spectrum

At this point it looks like I’m trying to convince you, but I’m not. I’m just trying to present you with facts. Of the two options, K1’s are the ones that tend to end up in the worst case spectrum as you call it. Just spend some time in the forum and you’ll see.

 

[Redro 4,611]

We need a pinned post stating USCIS PROCESSING TIMES ARE A LIE!!!

 

@Kimgaba your fears of being your I-130 petition being sent to California are unwarranted. 

Processing times are just a projection. If you look at the averages on Visa Journey the average time for I-130 approval from California is 226 days. Not 3 years. 

You might get lucky and be assigned to the Nebraska center and get the NOA2 after 4 months or so.... 

 

Thats shorter than the projected 9-12 months the K1 is taking right now. 

 

If you're looking to be reunited with your partner as soon as possible, getting married and filing an I-130 is the way to go. You'll also be able to see what real life is together because your partner will not be 100% reliant on you while you go through AOS. 

 

You can check out latest NOA1-NOA2 for I-130 here

https://www.visajourney.com/timeline/k1list.php?op6=All&op66=All&op7=All&op1=i&op2=&dfile=No&op3=5&op4=1&op5=5%2C6%2C8%2C10%2C11%2C13%2C14%2C15%2C16%2C17%2C18%2C20%2C21%2C22%2C25%2C26%2C27%2C28%2C108%2C110%2C111%2C208%2C210%2C211&cfl=

 

Then take a look at the K1 visa forum and read all the posts from K1 visa filers unhappy they filed in April and May and are still waiting. 

 

Forget the tourist application with current timelines you're partner should receive a K1 or IR1/CR1 visa before her interview date arrives. And if the K1 visa interview is not successful the application for a B1/B2 will probably be refused as she has shown immigrant intent. 

 

 

 

 

 

Edited January 31, 2022 by Kor2USA

[SteveInBostonI130 3,477]

10 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.

Hi,

 

I think you are saying, from this post and others, that you want to apply for the B2 now so you can honestly enter on the DS-160 that your fiance never had any petitions filed for her.  Then you will apply for the K1.  Correct?  Also, you don't want to marry now because your gf can keep studying under her scholarship now until the K1 is approved and she comes to the US and gets married.  Also correct?

 

Assuming so, the issue with the plan is that your fiance will and should honestly need to answer at the B2 interview that you guys are also applying for the K1.  USCIS has access to the history of visa applications of the beneficiary and will notice the B2 application.  The embassy CO would probably also be aware of the pending K1, depending where that petition is in the process.

 

The scholarship thing seems a good reason to stick with the K1.  I assume that when she enters the US on the K1 and marries you, she will loose that scholarship then and you will pay full price for the online studies? 

 

Please be aware that in addition to not being able to work or travel outside the US, your future wife will probably also have a hard time getting a DL and SSN.  She is qualified to get the SSN, but sometimes the SSA make it a hassle to get an SSN as a K1 status applicant.

 

Whatever you decide, good luck.  Personally, I think the B2 application is a waste of time and money for your situation, but it's ultimately your choice.

[centric23 95]

6 hours ago, JeanneAdil said:

Op  

your posts asks  Anything to avoid?

yes!   avoid your whole plan as it is now

If u want to marry,  marry

if u want to do a fiance visa,  apply for that 

but a tourist visa with intent to marry and adjust here (if it works)   NO

and India is not faster / they go thru long AP process of months or years after the interview 

OP never said he wanted to get married while she's here visiting.

[Kimgaba 8]

9 hours ago, SteveInBostonI130 said:

Hi,

 

I think you are saying, from this post and others, that you want to apply for the B2 now so you can honestly enter on the DS-160 that your fiance never had any petitions filed for her.  Then you will apply for the K1.  Correct?  Also, you don't want to marry now because your gf can keep studying under her scholarship now until the K1 is approved and she comes to the US and gets married.  Also correct?

 

Assuming so, the issue with the plan is that your fiance will and should honestly need to answer at the B2 interview that you guys are also applying for the K1.  USCIS has access to the history of visa applications of the beneficiary and will notice the B2 application.  The embassy CO would probably also be aware of the pending K1, depending where that petition is in the process.

 

The scholarship thing seems a good reason to stick with the K1.  I assume that when she enters the US on the K1 and marries you, she will loose that scholarship then and you will pay full price for the online studies? 

 

Please be aware that in addition to not being able to work or travel outside the US, your future wife will probably also have a hard time getting a DL and SSN.  She is qualified to get the SSN, but sometimes the SSA make it a hassle to get an SSN as a K1 status applicant.

 

Whatever you decide, good luck.  Personally, I think the B2 application is a waste of time and money for your situation, but it's ultimately your choice.

Okay thank you, we'll just stick with the K-1. I hope things move along better now that the covid vaccine is out at full swing.

 

Correct on most of your assumptions, but just to answer the bit of the schoolarship she's unlikely to lose it for next year unless the K-1 visa comes early like august.