Getting a K-1 Visa fastest?

[Unlockable 7,315]

5 hours ago, TempunAlex said:

 I know it can take up to 13 months or so, just trying to figure out apart from the "Having a greencard upon entry" and "financial struggel" what else makes filing for an IR-1/CR-1 better than a K-1.

• The IR/CR-1 is also cheaper overall than the K1.
• It also relieves the pressure of having only 90 days to get married.
• It also does not have follow up process to get a green card like the AOS does when you do a K1
• And you have the ability to leave and return to the US immediately with the IR/CR-1. Something you will not be able to do for many months with the K1 until you get married and file AOS. There have been some difficult scenarios where the foreigner came on a K1 and was awaiting for their marriage or their AOS when a family emergency occurred in their home country. They were left with a very difficult dilemma of either abandoning the AoS by returning home to help or staying in the US and missing out on helping with the emergency. The reason I believe this may be a big concern for you is because you say you have a thriving business in your country. What if something happened in that business that needs you and you are in the US months away from completing your AOS? Consider being "stuck" in the US for months and things are getting difficult with your business. 

 

To be honest, with the successful business you mentioned being at risk, the K1 would be way to risky of a option. But it is your choice. 

[carmel34 3,646]

7 hours ago, TempunAlex said:

I also know that if I bring my driver's license I can trade it in for an international driver's license once within the US so driving is not another issue for me. 

This is another issue to consider, and a big disadvantage of the K-1.  You need to do more research on North Carolina law if that is where you intend to live.  NC requires that all new residents get a NC driver's license within 60 days, so you may be able to drive for 60 days with a foreign license, but after that you can't just "trade it in for an international driver's license," you will need an NC license and to get one you will have to show documentation that you are in a legal status in the US.  NC may require at least an EAD and that takes a few months after you get married and file for adjustment of status and work authorization.  You will likely not be able to drive for a few months, so consider that and all the other factors before making a decision.  Good luck! 

[Crazy Cat 41,983]

8 hours ago, TempunAlex said:

Oh but we share our timelines as well as screenshots of NOA1 to NOA2 on our groups and subreddits. I do know that the philippines has longer wait times since you guys have a huge amount of applications versus countries that have way less applications like mine or even countries like Peru etc. I am not having insane expactations, I know it can take up to 13 months or so, just trying to figure out apart from the "Having a greencard upon entry" and "financial struggel" what else makes filing for an IR-1/CR-1 better than a K-1.

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.
   

 

Edited July 18, 2022 by Crazy Cat

[slavaskii 886]

9 hours ago, TempunAlex said:

We've been seeing through several apps and facebook groups that this is the case as the processing backlog is almost null with cases from as early as December 2021 already being processed.

Unless my cursory glance missed this, I don’t think anyone’s addressed that this seems quite wrong. Do you mean the backlog in your country or I-129F processing in general? Because *petitions* from May/June 2021 are what’s processing now, and it’s been taking USCIS over two months to finish one month of filers. I think you need to prioritize looking at VisaJourney over Facebook for the best information. 

[TempunAlex 7]

4 hours ago, ROK2USA said:

When is the last time you saw her? She was able to travel then but unable to now? How many times have you met and will she be able to travel to see you while the I-129F is pending? 

The CR1/IR1 and K1 timelines for Uruguay haven't been updated for a few years (last interview according to VJ was in 2019 for both categories). 

3 CR1/IR1s issued in May. 4 in April. 3 in March.  Monthly Immigrant Visa  Stats

2 K1s were issued in May.None in April. None in March. Monthly Non-Immigrant Visa Stats. 

 

If you really think the K1 will be quicker (especially if your partner cannot visit you for another 6-12 months) I would go the K1 route. You seem convinced this is the best option for you. 

Not sure if Montevideo has K1s as low priority or most US/Uruguay couples decide spousal visa is the better option. 

 

You can always file the I-129F now and if the waiting times increase revisit your decision when you and your partner decide to meet again and reconsider the spousal route. 

 

Good luck! The immigration process (K1 or spousal) is not quick or easy and can really test your relationship. I wish you the best of luck with your decision. 

The last time was this past February, however there's a lot of time constraints we're trying to see if we can beat like wanting to be there for our son's (I consider him my own) 8th grade graduation and many other things. That's the only reason I asked. The amount of people that apply here for K-1 and CR-1 is very low because most people usually go to America first, get married there and apply for both I-130 and I-485 consequently so it avoids the needs to come back here to the embassy (I know at least 15 people that have gone down this route).  The reason I don't do that is because I've been denied a B1/B2 since I have a pending I-130 through my father (He is a permanent resident and my whole family is in the US so no family here back in Uruguay) which has been a priority date of late 2017. Even if they were to ever get there and approve me I'd have another 2-3 year wait with the NVC so my fiance whom I've been for a couple of years now and I decided we'd go down the K-1 route. 

 

I know the CR1 could be faster or the same amount of time but like I said she is a single mother and there's a lot of things that play against her like:

1. Her ex not wanting to give permission for the kids to fly internationally all the time1

2. Her job having long hours and odd schedules 

3. Her already having had taken all her vacation days for this year in February. 

 

For those of you that say "You'll be disappointed" I know I won't because trust me, I've been waiting for an approval for almost 5 whole years on an I-130 F2B

 

Thank you for your inputs!

Edited July 18, 2022 by TempunAlex

[Cathi 5,771]

10 hours ago, TempunAlex said:

 

 I also know that if I bring my driver's license I can trade it in for an international driver's license once within the US so driving is not another issue for me. 

 

 

You do not know as much as you think. You cannot just come to the US and "trade" your international license for a "US driving license". There is no such thing as a "US driving license", each individual state issues their own driver's licenses and you cannot simply trade an international license for it, there is a written test and a driving(road) test involved in all 50 states.

Edited July 18, 2022 by Cathi

[Cathi 5,771]

26 minutes ago, TempunAlex said:

The last time was this past February, however there's a lot of time constraints we're trying to see if we can beat like wanting to be there for our son's (I consider him my own) 8th grade graduation and many other things. That's the only reason I asked. The amount of people that apply here for K-1 and CR-1 is very low because most people usually go to America first, get married there and apply for both I-130 and I-485 consequently so it avoids the needs to come back here to the embassy (I know at least 15 people that have gone down this route).  The reason I don't do that is because I've been denied a B1/B2 since I have a pending I-130 through my father (He is a permanent resident and my whole family is in the US so no family here back in Uruguay) which has been a priority date of late 2017. Even if they were to ever get there and approve me I'd have another 2-3 year wait with the NVC so my fiance whom I've been for a couple of years now and I decided we'd go down the K-1 route. 

 

I know the CR1 could be faster or the same amount of time but like I said she is a single mother and there's a lot of things that play against her like:

1. Her ex not wanting to give permission for the kids to fly internationally all the time1

2. Her job having long hours and odd schedules 

3. Her already having had taken all her vacation days for this year in February. 

 

For those of you that say "You'll be disappointed" I know I won't because trust me, I've been waiting for an approval for almost 5 whole years on an I-130 F2B

 

Thank you for your inputs!

You asked for our input on what the fastest way to get to the US to be with your significant other was and when we told you time and again that it's the CR1 route, you dug in deeper. If you already have your mind made up, then go for the K-1.

No matter which road you chose, there is nothing fast, predictable, easy or inexpensive about immigrating to this country. It just so happens that right now, the K-1 is the inferior visa to choose as far as being "quick". 

[yuna628 9,687]

11 hours ago, TempunAlex said:

Hey guys,

 

I'm new here and I've been reading through the forum for some input from individuals on going the K-1 route. 

 

My fiance and I are just about ready to file for the K-1 this coming week. We're just wanting to make sure this would be the fastest route to be together. We've been seeing through several apps and facebook groups that this is the case as the processing backlog is almost null with cases from as early as December 2021 already being processed. We want to be together as quickly as possible and the financial aspect would not be a factor for me since I own a company here in South America and make passive income. I would be easily able to support and maintain us for 2 whole years if needed. I also know that if I bring my driver's license I can trade it in for an international driver's license once within the US so driving is not another issue for me. 

 

I'm just asking for some input from people since they keep claiming IR-1 and CR-1 are the way to go, our only issue is that we cannot get married as she cannot travel due to work and having 2 small children (Which I am dying to live with and yes we've met already in person, have lots of proof etc).

 

Would greatly appreciate some input from you guys, 

 

Thank you!

Firstly, an IDP or IDL is not used to swap out or trade for a license in the US. It is merely a document that translates your current foreign drivers license into English for authorities to read. You can drive on a foreign license only for a limited period of time as a visitor, but this changes when you become a resident of a state. Every state has their own license and ID system, most are tied to residency and the length of time you are a resident is important to trigger when you need to obtain an official license of the state. Let us estimate that in a state you become a resident of that state if you mainly reside there for 30-60 days (but some states are very short like 10-20 days). You would need to go to the city's DMV and begin the licensing process. Some states are more complicated than others. Some allow foreign residents to swap out their foreign licenses and undergo little training. Others, require the foreign driver start from scratch as a new driver would - which generally insist upon tests, a lot of hours, and classes. That is just one part of the battle though, because every state has their own DMV paperwork requirements for a foreign driver and new resident to obtain a license. They could be straightforward - such as immigration paperwork, birth certificates, and marriages certificates but also may include more complex items such as your name on an American utilities bill and bank statement.

 

Secondly, understand that when using the K1 route - you, the foreign spouse cannot work once you enter the USA until you file for AOS/EAD/AP and you have an approved EAD (work authorization) in your hands. You are also going to need to obtain a social security number, which can have their own complex issues cropping up (if you search around the forum), and will need health insurance (no not travel insurance). If you have business ventures in a foreign country, I would say using a K1 will not generally be the best route. A spouse visa will allow you to work upon entry a K1 does not.

 

At this point both options take a long time - and K1 is only half of the process because filing for AOS/EAD/AP and then green card is an additional long wait getting increasingly delayed. Even if you have an EAD, the immigrant can encounter obstacles to finding work (in an increasingly difficult work environment in the US) such as an employer that does not understand what an EAD vs a green card is. It was well over a year before any employer paid my husband interest and only until he had a green card. And yes, we did believe that K1 was the best path for us - but we had a great deal of savings on hand, had a plan for insurance, and had limited obstacles in obtaining his american drivers license. On the other hand, the wait for AOS documents was so long and went through so much of our savings because of it - ultimately a spousal visa would have work out better for us in the long run. But it is what it is.

Edited July 18, 2022 by yuna628

[JeanneAdil 6,581]

you say she can't marry as she can't travel to marry and that also leaves Utah online marriage out as she wouldn't be able to travel to consummate the marriage

Or live in SA with u as unable to travel there

 

SO K1 is the only way for u go go

 

understand a K1 can be denied especially if the USC and u have not spent quality time together

 

Also,  as a California resident , u have 10 days to apply for a California license as u would be a resident and not foreign visitor using International license 

 

The USC needs to read the guides to apply for the visa and be familiar with all the steps and documents and proofs needed to petition for u

[Boiler 45,731]

California it is 10 days for a new resident to get a CA DL

 

May be an interesting interview for a K1 with all those other factors, may not.

[SteveInBostonI130 3,471]

6 hours ago, TempunAlex said:

For those of you that say "You'll be disappointed" I know I won't because trust me, I've been waiting for an approval for almost 5 whole years on an I-130 F2B

 

 

What is your PD?  The latest visa bulletin (Aug 2022):

 

Quote

A.  FINAL ACTION DATES FOR FAMILY-SPONSORED PREFERENCE CASES

On the chart below, the listing of a date for any class indicates that the class is oversubscribed (see paragraph 1); "C" means current, i.e., numbers are authorized for issuance to all qualified applicants; and "U" means unauthorized, i.e., numbers are not authorized for issuance. (NOTE: Numbers are authorized for issuance only for applicants whose priority date is earlier than the final action date listed below.)

 

Family- Sponsored	All Chargeability  Areas Except Those Listed	CHINA-mainland  born	INDIA	MEXICO	PHILIPPINES
F1	01DEC14	01DEC14	01DEC14	15MAR00	01MAR12
F2A	C	C	C	22APR19	C
F2B	22SEP15	22SEP15	22SEP15	01APR01	22OCT11
F3	22NOV08	22NOV08	22NOV08	15OCT97	08JUN02
F4	22MAR07	22MAR07	15SEP05	01JUN00	22AUG02

 

 

Applicants for immigrant visas who have a priority date earlier than the application date in the chart below may assemble and submit required documents to the Department of State’s National Visa Center, following receipt of notification from the National Visa Center containing detailed instructions. The application date for an oversubscribed category is the priority date of the first applicant who cannot submit documentation to the National Visa Center for an immigrant visa. If a category is designated “current,” all applicants in the relevant category may file applications, regardless of priority date.

 

Family- Sponsored	All Chargeability  Areas Except Those Listed	CHINA- mainland  born	INDIA	MEXICO	PHILIPPINES
F1	08AUG16	08AUG16	08AUG16	01DEC01	22APR15
F2A	C	C	C	C	C
F2B	01JAN17	01JAN17	01JAN17	08AUG01	01OCT13
F3	08NOV09	08NOV09	08NOV09	15APR01	08NOV03
F4	15DEC07	15DEC07	22FEB06	15MAR01	22APR04

 

 

Edited July 18, 2022 by SteveInBostonI130

[SalishSea 17,970]

17 hours ago, TempunAlex said:

I also know that if I bring my driver's license I can trade it in for an international driver's license once within the US so driving is not another issue for me. 

Another incorrect assumption.

 

strongly recommend you do some real research!

 

 All these wild assumptions could lead to disappointment at best, and delays and financial losses at worst.

Edited July 18, 2022 by Jorgedig

[Crazy Cat 41,983]

7 hours ago, TempunAlex said:

The amount of people that apply here for K-1 and CR-1 is very low because most people usually go to America first, get married there and apply for both I-130 and I-485 consequently so it avoids the needs to come back here to the embassy (I know at least 15 people that have gone down this route). 

Sounds like some of them have committed visa fraud.....which can carry severe penalties.

[TempunAlex 7]

16 minutes ago, Jorgedig said:

Another incorrect assumption.

 

strongly recommend you do some real research!

 

 All these wild assumptions could lead to disappointment at best, and delays and financial losses at worst.

According to New jersey state law I can drive with my foreign license for up to 1 whole year

 

7 hours ago, JeanneAdil said:

you say she can't marry as she can't travel to marry and that also leaves Utah online marriage out as she wouldn't be able to travel to consummate the marriage

Or live in SA with u as unable to travel there

 

SO K1 is the only way for u go go

 

understand a K1 can be denied especially if the USC and u have not spent quality time together

 

Also,  as a California resident , u have 10 days to apply for a California license as u would be a resident and not foreign visitor using International license 

 

The USC needs to read the guides to apply for the visa and be familiar with all the steps and documents and proofs needed to petition for u

This is what I also thought due to my circumstances. Thank you for your input.

 

7 hours ago, yuna628 said:

Firstly, an IDP or IDL is not used to swap out or trade for a license in the US. It is merely a document that translates your current foreign drivers license into English for authorities to read. You can drive on a foreign license only for a limited period of time as a visitor, but this changes when you become a resident of a state. Every state has their own license and ID system, most are tied to residency and the length of time you are a resident is important to trigger when you need to obtain an official license of the state. Let us estimate that in a state you become a resident of that state if you mainly reside there for 30-60 days (but some states are very short like 10-20 days). You would need to go to the city's DMV and begin the licensing process. Some states are more complicated than others. Some allow foreign residents to swap out their foreign licenses and undergo little training. Others, require the foreign driver start from scratch as a new driver would - which generally insist upon tests, a lot of hours, and classes. That is just one part of the battle though, because every state has their own DMV paperwork requirements for a foreign driver and new resident to obtain a license. They could be straightforward - such as immigration paperwork, birth certificates, and marriages certificates but also may include more complex items such as your name on an American utilities bill and bank statement.

 

Secondly, understand that when using the K1 route - you, the foreign spouse cannot work once you enter the USA until you file for AOS/EAD/AP and you have an approved EAD (work authorization) in your hands. You are also going to need to obtain a social security number, which can have their own complex issues cropping up (if you search around the forum), and will need health insurance (no not travel insurance). If you have business ventures in a foreign country, I would say using a K1 will not generally be the best route. A spouse visa will allow you to work upon entry a K1 does not.

 

At this point both options take a long time - and K1 is only half of the process because filing for AOS/EAD/AP and then green card is an additional long wait getting increasingly delayed. Even if you have an EAD, the immigrant can encounter obstacles to finding work (in an increasingly difficult work environment in the US) such as an employer that does not understand what an EAD vs a green card is. It was well over a year before any employer paid my husband interest and only until he had a green card. And yes, we did believe that K1 was the best path for us - but we had a great deal of savings on hand, had a plan for insurance, and had limited obstacles in obtaining his american drivers license. On the other hand, the wait for AOS documents was so long and went through so much of our savings because of it - ultimately a spousal visa would have work out better for us in the long run. But it is what it is.

I am aware I cannot work nor do I need to, even if I had to wait 2-5 years I would be more than okay with my foreign company earnings.

[Crazy Cat 41,983]

10 minutes ago, TempunAlex said:

According to New jersey state law I can drive with my foreign license for up to 1 whole year

Incorrect  You have 60 days.  You are confusing visitors with new residents (like you).

Edited July 18, 2022 by Crazy Cat