DV Lottery of K1 Visa - Can I file for both?

[Rocio0010 5,579]

51 minutes ago, Petrisaint Mpaka said:

Dv for Diversity. We thought about, pour first idea was to actually get married first and file for the spousal visa from abroad but unfortunately his job doesn’t allow him to move from the US currently so I am the one who is going to move. We spoke with an immigration attorney who told us that told us we could file for the k1 visa and also spoke to us about the expenses and everything. 

He doesn't need to live with you. Actually him being in the US is better because, for the spousal visa, he would have to prove he's living in the US. 

 

With a K1, you also have to adjust your status later on. And while you adjust status you will not be able to leave the US or work. Are you ready to be "locked in" for 6-12 months?

[Petrisaint Mpaka 0]

46 minutes ago, IWander said:

You can also get married now and he can file a petition for you to emigrate to the US as spouse.

 

If the immigration attorney did not suggest this as an option then they are not much of an immigration attorney 

Yes this was actually his proposition to us but there was a slight difference on the waiting time by a few month between the k1 and a marriage based visa. Which is why we asked him to give us more information about the fiancé visa 

[IWander 589]

1 hour ago, Petrisaint Mpaka said:

Yes this was actually his proposition to us but there was a slight difference on the waiting time by a few month between the k1 and a marriage based visa. Which is why we asked him to give us more information about the fiancé visa 

There are pros and cons to either visa type and speed to visa is only one and in my opinion not a very important one.  If speed to being able to work, drive, gaining permanent residency ( by sometimes several years) are important, then the visa choice is obvious.

[Marieke H 2,471]

2 hours ago, Petrisaint Mpaka said:

Yes this was actually his proposition to us but there was a slight difference on the waiting time by a few month between the k1 and a marriage based visa. Which is why we asked him to give us more information about the fiancé visa 

Don't get hung up on just the visa processing time. While getting a CR-1 visa may take a few more months, it will allow you to start working, driving, etc, immediately after arrival in the US. With the K-1, you will basically be stuck at home for many months after arrival.

 

And to get back to your original question: the chance of winning the DV lottery is very small, so don't count on it. Your marriage-based immigration option has a much higher chance of success, so don't wait to find out the DV lottery results.

Edited January 4 by Marieke H

[SalishSea 17,751]

4 hours ago, AndiB said:

To clarify he doesn't have to live with you for the spousal, many don't. He's actually required to have US domicile and salary to do a spousal with you. 
I personally didn't go for that due to wait time + living apart from my husband but each to their own

Overall wait times for K-1 and CR-1 currently are not measurably different.

[nastra30 2,281]

Op, IMO don't worry yourself with DV lottery. You guys should marry file spousal petition I-130 and get the process rolling. US spouse doesn't need to be staying with you in order to petition you.

[Amunah 62]

DV is green card on the entrance, but it’s a lottery, so you have as much chance as the other guy. Spousal is also a green card on the entrance. K1: you wait as long as for the spousal but no green card on the entrance.  The waiting game starts then. No freedom to work, travel etc. Separation from your significant other is a due process in all three situations. Maybe it makes more sense laid out like this. 

[CMJuilland 485]

I know you want more info on the K1 visa, but I’ll just second what others have said: my suggestion would be to get married and have him file for a spousal visa. We went the K1 route way back when K1 was actually a lot quicker than CR1, but in hindsight, we would never do this again. It felt like forever for us to get my work permit and advanced parole approved, but back in 2017, it “only” took us about five months. These wait times are a lot longer now. And that’s not even a green card yet. As suggested, I wouldn’t get hung up on the couple of months you *might* shave off with a K1; it really isn’t worth it. Marrying would be relatively easy for you guys assuming that, since he can’t leave the U.S., you are the one usually making the trip. Just have a court house wedding next time you visit, and then file the necessary paperwork. You can plan a reception with all of your family and friends once you have set up shop together. 

Should you still want to pursue the K1, it should be relatively straight forward. The guides on here are very helpful, and the necessary documents needed should be relatively easy to obtain for you in Switzerland (at least that was my experience). 

Best of luck! 

[powerpuff 6,612]

*** Moved from Progress Reports to Process & Procedures ***

[TabeaK 517]

I came with a K1 visa in 2016 fro Germany for the same reasoning, to be together quicker. I would never do so again. The adjustment of status process after the K1 in the US is an expensive and timec-consuming mess during which you cannot work, drive or travel. For someone who lived a completely independent life prior to moving, being completely dependent on my spouse for months was pretty harrowing. And back then things were much quicker than they are now, I had my travel & work permit in about 3 months from filing and the Green Card 2 months later.

These days things take MUCH longer and you are stuck in this horrendous limbo. If you plan on getting married anyway, do so and file the CR1. It is cheaper in the end and will make your start in the USA much easier. 

 

Not sure what the point of the DV would be? As a US citizen spouse you are guaranteed a green card, no need for DV...

[Crazy Cat 41,631]

***Spammer ejected, and comment removed***

Edited August 1 by Crazy Cat