K1 Denied. Now married and starting I-130 (split)

[PWC 24]

Update:Waiting for the I130 to process.

 

Meanwhile, I have a question.

 

Can she apply for a visitors VISA, my friend said I can invite her through a notarized letter inviting her to come visit me. He called the form a DS260.

 

Anyone else know the ins/outs of this and if it's possible?

[Boiler 45,466]

39 minutes ago, PWC said:

Update:Waiting for the I130 to process.

 

Meanwhile, I have a question.

 

Can she apply for a visitors VISA, my friend said I can invite her through a notarized letter inviting her to come visit me. He called the form a DS260.

 

Anyone else know the ins/outs of this and if it's possible?

Can she apply for a Visitor visa yes.

 

Will she get a visitor visa now that is another issue.

 

Does she need an invite, no.

 

DS 260 is the form she fills in when applying for a Immigrant visa

 

She fills in a DS 160 as part of the visitor visa application process.

[Crazy Cat 41,834]

1 hour ago, PWC said:

Anyone else know the ins/outs of this and if it's possible?

Possible? Yes.  Probable? No, imho.  She has shown immigrant intent.  She would have to show very strong ties which would convince a CO that she will return. She will be seem as trying to bypass the long spousal visa processing time, imo.  However, she is certainly free to apply. A denial would have no effect on the immigration case. I just wouldn't get my hopes up.  Good luck. 

Edited January 5 by Crazy Cat

[powerpuff 6,697]

Contrary to popular belief, invitation letters do nothing but harm the case. First it’s not a required document and second, it just solidifies the possible immigrant intent of the applicant, especially if it’s an American spouse. 

[W199 333]

3 hours ago, PWC said:

Update:Waiting for the I130 to process.

 

Meanwhile, I have a question.

 

Can she apply for a visitors VISA, my friend said I can invite her through a notarized letter inviting her to come visit me. He called the form a DS260.

 

Anyone else know the ins/outs of this and if it's possible?

Given your specific case, you have zero chance of getting a visitor approved for her. It would be a waste of time and money.  If I were you, I would apply for a K-3 visa.  They often will then speed up the I-130 process to avoid having to issue a K-3 visa. Google it for more info.  It could also be a waste of money or only save a few months, so factor in your financial resources. 

 

 

Edited January 5 by W199

[Crazy Cat 41,834]

42 minutes ago, W199 said:

It could also be a waste of money or only save a few months, so factor in your financial resources. 

There is no fee for a "K-3" I-129f.  Include a copy of the I-130 receipt.  I agree that it might speed up the I-130.

Edited January 5 by Crazy Cat

[Ontarkie 14,218]

~~Posts split off as the direction the OP is now taking is no longer a K1. Thread is moved to IR1/Cr1 P&P~~

[PWC 24]

Thanks for the feedback. After researching all the options, just gonna stick with what's going on and be patient until the I130 is approved.

[Dan and Akari 44]

On 1/5/2024 at 12:34 PM, Crazy Cat said:

There is no fee for a "K-3" I-129f.  Include a copy of the I-130 receipt.  I agree that it might speed up the I-130.

+1

 

I recommend filing K3 as soon as you get your NOA1 for the I-130.  I can't point to any specific evidence that the K3 helped us, but I can tell you we filed I-130 August 2, 2023, K3 September 2023, and our I-130 petition was approved January 25, 2024...6 months instead of 11-12.  FWIW...we also filed K1 in May 2023 and then switched to CR1 in August (long story). Again, no guarantees, but also no down side.  Filing I-129F for K3 is free and easy to complete the form and send it in. 

 

Best of luck.

[pushbrk 12,876]

52 minutes ago, Dan and Akari said:

+1

 

I recommend filing K3 as soon as you get your NOA1 for the I-130.  I can't point to any specific evidence that the K3 helped us, but I can tell you we filed I-130 August 2, 2023, K3 September 2023, and our I-130 petition was approved January 25, 2024...6 months instead of 11-12.  FWIW...we also filed K1 in May 2023 and then switched to CR1 in August (long story). Again, no guarantees, but also no down side.  Filing I-129F for K3 is free and easy to complete the form and send it in. 

 

Best of luck.

It costs nothing to try except time and a little postage.