6months into K1, thinking of switching to Spouse Visa ...

[Mahalko808 0]

USCIS has received our K1 application with a receipt date of Dec. 2021 at the California processing center. We're now over 6months into the journey. We're both working and stalk Facebook groups often to read about people's timelines and what they're going through. The latest idea that spooked us is that even after the whole K1 journey ends at the marriage part, we're hearing that it'll now take about 15 months to get a green card to start working etc. If it was the historical 6 months of idle time to get the green card, I would be okay for my partner, but 15 months for life to be on pause would drive her crazy and I'd rather for my partner to be happy.

 

I imagined it as 2 paths, let me know if this is pretty accurate:

 

K1 Path:

1. Wait out the 13 months of "normal" processing times, get married in US probably in Feb at a courthouse.

2. During the supposed 15 months of idle time, my partner can plan the wedding and chill ... or, most likely she'll be frustrated with not being able to do much.

 

Spouse Path

1. I write a letter ASAP to withdraw the k1 visa.

2. I have already bought plane tickets to visit her in the Phillpines in early September for 2 weeks, we can use that time to do a quick courthouse wedding

3. I return to US, apply for the Spouse visa

4. Supposedly, we wait 6 to 12 months for everything to be processed and she can start living in US after a year.

 

*The "supposed" times are all based on what we read from other people on facebook. I have yet to find a lawyer to confirm those times.

 

But, based on our situation right now, which path should we go?

 

[TBoneTX 45,303]

The CR-1 is the superior visa, for reasons that you state and that CrazyCat has often published.  However, you'd start from ground zero in terms of processing-time.

 

I'll return and post a link to a recent thread in which I propose ways to "outsmart" the comparative deficiencies of the K-1 visa.

[TBoneTX 45,303]

First, here's the oft-published post by Crazy Cat:

-------

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 K-1 might be a better choice when 18-21 year old children are immigrating also
    In some situations, marriage can affect certain Home country benefits, making a K-1 a better choice   
    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.

[TBoneTX 45,303]

Here's the link to the referenced thread.  You're at an earlier stage, but you can prepare in many of these ways starting now, and thus blunt the "dead time" that concerns you.  I add (and emphasize) that both of you should become diligent, detailed students of the entire immigration process.

 

I hope that the information is helpful for you.

 

[MarJhi 963]

1 hour ago, Mahalko808 said:

1. Wait out the 13 months of "normal" processing times, get married in US probably in Feb at a courthouse.

That "13 months" just gets your from NOA1 to NOA2, so your fiancé is not likely going to be here in February, you might have your NOA 2 by then. From what I am seeing on other people's timelines on here, it's another 6 to 12 months after NOA2 before your fiancé gets here, so maybe by summer of 2023 if you are lucky.

 

Considering you are already 6 months into the K1 process, you are still early enough to make the move and possibly be better off. Tough call, good luck!

Edited July 2, 2022 by MarJhi

[Redro 4,611]

4 hours ago, Mahalko808 said:

USCIS has received our K1 application with a receipt date of Dec. 2021 at the California processing center. We're now over 6months into the journey. We're both working and stalk Facebook groups often to read about people's timelines and what they're going through. The latest idea that spooked us is that even after the whole K1 journey ends at the marriage part, we're hearing that it'll now take about 15 months to get a green card to start working etc. If it was the historical 6 months of idle time to get the green card, I would be okay for my partner, but 15 months for life to be on pause would drive her crazy and I'd rather for my partner to be happy.

 

I imagined it as 2 paths, let me know if this is pretty accurate:

 

K1 Path:

1. Wait out the 13 months of "normal" processing times, get married in US probably in Feb at a courthouse.

2. During the supposed 15 months of idle time, my partner can plan the wedding and chill ... or, most likely she'll be frustrated with not being able to do much.

 

Spouse Path

1. I write a letter ASAP to withdraw the k1 visa.

2. I have already bought plane tickets to visit her in the Phillpines in early September for 2 weeks, we can use that time to do a quick courthouse wedding

3. I return to US, apply for the Spouse visa

4. Supposedly, we wait 6 to 12 months for everything to be processed and she can start living in US after a year.

 

*The "supposed" times are all based on what we read from other people on facebook. I have yet to find a lawyer to confirm those times.

 

But, based on our situation right now, which path should we go?

 

I'm not sure which cases you're following but spousal visas take 1-2 years.

There are a few cases that take less than a year but they are few and far between.

The majority of "quick" cases I've seen out of Manila involved withdrawn K1 visas (after approval/NOA2).  

 

Each center has different processing times so it can take 6 months to 13 months before you're approved at USCIS.

Then you have to submit documentation at NVC level- this is currently taking 75 days. But, if your documents are not approved at NVC level you have to RE-SUBMIT documents and wait another +/- 75 days. This can happen several times. You receive a DQ letter once your case is complete at NVC.

Finally, your case will be sent to the embassy. I believe DQ to Interview at the Philippines is fairly short maybe 1-2 months. 

 

You should look at the timelines for Philippines

K1 and CR1/IR1

And join the Philippines forum to read up on timelines out of Manila.

https://www.visajourney.com/forums/forum/129-philippines/

 

Finally, you should research how to get married in the Philippines. I'm not sure they have "simple courthouse weddings" there. You might want to consider Utah online marriage. 

https://ph.usembassy.gov/marriage/?_ga=2.59932333.161746489.1656754348-1293601249.1624617745

https://www.visajourney.com/forums/forum/129-philippines/

[Crazy Cat 41,884]

7 hours ago, Mahalko808 said:

4. Supposedly, we wait 6 to 12 months for everything to be processed and she can start living in US after a year.

That is not accurate.  It could take 2 years from filing to visa in hand.

[P055UM 281]

 

8 hours ago, Mahalko808 said:

During the supposed 15 months of idle time

I'm not here to give advice on whether to jump to CR-1 or not as others can do it better, but just to clarify, you don't need to Green Card to work and travel after arriving on the K-1.

 

If you apply for EAD and AP, they *should* arrive sooner than your stated 15 months. Granted, the timelines of both of these documents can and do move constantly, however as things stand, your fiance would be unlucky to be waiting idle for 15 months. Many people on the AoS forums are getting EAD in a couple months, I got GC recently after 9 months, people on VJ will usually say 8-10 months for EAD/AP...

 

The plural of anecdote is not data, but I just wanted to let you know that it is not quite as horrible a picture as sitting on your hands for a guaranteed 15 months.

 

ps. for clarity, I am certaintly not saying that it isn't annoying to be sitting on your hands even for 9 months 😅

Edited July 2, 2022 by AW1704

[JeanneAdil 6,510]

 During the supposed 15 months of idle time, my partner can plan the wedding and chill ... or, most likely she'll be frustrated with not being able to do much.

 

however long it takes for the EAD to be able to work the above statement is not correct

the marriage must take place within the 90 days from day of K1 arrival 

[OlgaA 67]

Hi. I want to add some thoughts

1 ) k1 can take from 1,5 -to2,5 years waiting now because of vivid

2) when you are here you can apply aos and get EAD to work quickly

Our case took 2 years from filling till visa in hand andv7 months for green card U didn't get EAD just GC right away because as officer said our case is easy.

We were in California center to I

If I were you I would not switch because most people after covid started applied to cr1, second reason it will take time to get approved that you spent already with k1 route. It's up to you. You should study cases in your country it can be vary from Europe backlog and vice versa. It's a little hard to wait here for GC but there's always something to do here) wish you find way better for you. The only thing keep in mind this process is never quick or easier especially now.

[Mike E 11,739]

12 hours ago, Mahalko808 said:

   

 

But, based on our situation right now, which path should we go?

 

1. How many times a year do plan to meet before the visa interview?

 

2. If you marry and pursue the CR-1, are you in a position to meet more often and/or spend more days with your spouse before the visa interview?

[SalishSea 17,833]

3 hours ago, OlgaA said:

when you are here you can apply aos and get EAD to work quickly

Takes the better part of the year to get the EAD......not exactly quick.

[OlgaA 67]

7 hours ago, Jorgedig said:

Takes the better part of the year to get the EAD......not exactly quick.

I understand but better than start all the process from the beginning

[Redro 4,611]

7 hours ago, Jorgedig said:

Takes the better part of the year to get the EAD......not exactly quick.

Depends... some people are getting their EADs after a few months. 

 

The process appears to be extremely random these days BUT OP's partner will interview in Manila so they should probably pay attention to I-129F approval to interview VS DQ at NVC to interview to decide on which process is faster outside the US. 

 

But, if being able to work ASAP is the overall motivating factor they should go with spousal visa. 

[GinoNiña 182]

I am apr 2022 K1 filer. my first two months after  filing was tough. I ask lots questions here and got all positive answers. Thanks to all dedicated souls in this site  who have spare time and willing to enlighten us. Dont lost hope.

Check this website out on:https://travel.state.gov/content/travel/en/legal/visa-law0/visa-statistics/nonimmigrant-visa-statistics/monthly-nonimmigrant-visa-issuances.html

 

Also while awaiting for the visa, its a good gesture to send monetary help once  in a  while to your  fiancee.