Wait the 5 year bar instead of apply for waiver for k1?

[powerpuff 6,624]

10 hours ago, Samtel said:

Yes mam we have talked about this yesterday with my fiance. We’ll just have to wait for his vacation leave so we can get married in my country. We will still proceed with the k1 since its already in process, see what happens from there after the interview but won’t apply for a waiver application. Just wait for the 5 year bar to be over. 

 But i dont know what will be the impact if ever in future he file for me an spousal visa. If that will give a negative effect, having a k1 refusal. 

You definitely cannot proceed with K1 once you’re married. You will no longer be eligible for it. 

[Samtel 1]

14 hours ago, powerpuff said:

You definitely cannot proceed with K1 once you’re married. You will no longer be eligible for it. 

We will wait for the k1 to expire or withdraw the k1 application. Then Dec 2023 my fiance next vacation leave, he will travel here and we will get married. Wait for my bar to be over😌

[Samtel 1]

15 hours ago, SteveInBostonI130 said:

The attorney never suggested IR1 when her/she presented the option of waiting out the 5 year bar?

 

Before we file k1, we thought that is the only way for us to get married abroad (USA) cos my fiance has a prior marriage in my country. His marriage Lasted 3mos. But no divorce here. He filed his divorce in the US and dissolve the marriage. Back here in my country we thought his divorce is not recognized. Thinking we can’t get married here.  Which we are wrong, just recently consulted a local lawyer and the lawyer said that we can get married here in my country no problem, bcos my fiance is considered foreign and not under the law. His US divorce is OK. 

 

Maybe the US lawyer is not aware of the laws here. He suggest k1 and thats what we did. 

[Samtel 1]

The US lawyer give us an option to wait for the 5 year bar and apply k1,

Or k1 during the 5year bar and a waiver of 212.

 

We proceed with k1, not aware that it will take 2years for k1 and possible 2years for a waiver. Nov2025 my 5year bar will end.

 

Me and my fiance just want to be together for good and start our family. Me 35 and him 41 old. We have been together 3 years apart. And expensive for him every year to be with me🙁 And this immigration lawyer

Edited February 8, 2023 by Samtel
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[Boiler 45,399]

212 does not need to wait out a K1

[Samtel 1]

9 minutes ago, Boiler said:

212 does not need to wait out a K1

Does that apply to a k1 visa, sir? We know i-212 has expiration. And a non immigarant/ immigrant visa. We are applying outside US. Our Atty. Said we wait for the outcome of my k1 interview and then file for the waiver. 

[Boiler 45,399]

I 601 is the one that needs to wait the Consulates determination

[Samtel 1]

22 minutes ago, Boiler said:

I 601 is the one that needs to wait the Consulates determination

What can u suggest for us sir? We go thru the consulate k1 interview…or withdraw our k1 now? Cos im afraid in the future this might have a negative effect if my fiance will file spousal visa after we get married and wait for the ban to be over. 

 

We made immigration mistake and i regret that, this has been a difficult process for us. We paying the price being apart longer and spending on lawyers.