Recommendation for timeline to start K1 process/Visiting during immigration

[wildbug100420 102]

22 minutes ago, appleblossom said:

 

If you can't get married before June 2025 and want to be together asap after that, then for once I think the K1 is a better option. If you need to wait until then to get married and then start the CR1 process, you won't be together until 2027.

Also k1 provides a limited time (90 days) to see if you really want to be together without any commitment. If for some reason the relationship doesn't work out then separate and no need to go through divorce process. The non us citizen must promptly leave to avoid any over stay.

[Boiler 45,479]

2 minutes ago, wildbug100420 said:

Also k1 provides a limited time (90 days) to see if you really want to be together without any commitment. If for some reason the relationship doesn't work out then separate and no need to go through divorce process. The non us citizen must promptly leave to avoid any over stay.

K1 is not try and see, it is for people commited to marry and want to do it in the US.

[Crazy Cat 41,843]

39 minutes ago, wildbug100420 said:

Also k1 provides a limited time (90 days) to see if you really want to be together without any commitment

If that were true, there would be no requirement for a letter of intent to marry from both parties BEFORE visa issuance.  A K-1 was never meant to be a "try before you buy".

Edited February 25 by Crazy Cat

[wildbug100420 102]

On 2/24/2024 at 3:14 PM, JanelleJohnson said:

Hello!  My romantic connection in Australia and I are trying to discern when to start this whole long fiancé visa process.  The goal is for us to get married and live together in June 2025.  We cannot get married prior to that due to my home situation with my kids. I am having difficulty discerning the timelines.  I've "heard" that the approval process for the finance visa takes 9 months - 1 year.  He would then have 6 months to move here and then 90 days for us to get married.  But, when I look at some of the timelines for Australia and USA, they look like the process is taking several years!  Is this true?  What is your recommendation for when to start this process given our desired timeline to get married?  Thank you in advance!

 

 

A k1 visa may be better with kids involved, under 21 and unmarried. They can be included in the I-129F. The I 130 every kid has to be filed separately 

[Boiler 45,479]

7 minutes ago, wildbug100420 said:

A k1 visa may be better with kids involved, under 21 and unmarried. They can be included in the I-129F. The I 130 every kid has to be filed separately 

over 18 and under 21

[SalishSea 17,823]

On 2/24/2024 at 1:33 PM, JanelleJohnson said:

@JeanneAdil would the spouse Cr1 be quicker?

They both will take a couple of years.

 

Have you met in person?

On 2/25/2024 at 11:46 AM, wildbug100420 said:

Also k1 provides a limited time (90 days) to see if you really want to be together without any commitment. If for some reason the relationship doesn't work out then separate and no need to go through divorce process. The non us citizen must promptly leave to avoid any over stay.

OP:  this is nonsense.

[SalishSea 17,823]

On 2/25/2024 at 11:20 AM, appleblossom said:

 

If you can't get married before June 2025 and want to be together asap after that, then for once I think the K1 is a better option. If you need to wait until then to get married and then start the CR1 process, you won't be together until 2027.

Except it sounds like they've not met in person, so they're not eligible for a K-1 until after that happens.

[JanelleJohnson 0]

I've been thinking about the spousal visa vs. the finance visa.  Here is a question (and by the way he has come here 5 times since July 2023 to visit me, so we have met. I am going to Australia in April just so I can see his country)...would him traveling to the US to visit for a week or two every few months be more possible/admissible if he came as my spouse while waiting for the approval process than it is traveling here during the wait for the fiancé visa?  I keep getting the message for him not to travel to US while we are waiting for approval.

[Boiler 45,479]

Marry in April

 

He can visit whilst the process is underway.

[Crazy Cat 41,843]

18 minutes ago, JanelleJohnson said:

would him traveling to the US to visit for a week or two every few months be more possible/admissible if he came as my spouse while waiting for the approval process than it is traveling here during the wait for the fiancé visa?  I keep getting the message for him not to travel to US while we are waiting for approval.

Making short visits during the process is fine.  However, EVERY entry into the US is at the discretion of CBP at the border.  Whether he is a fiance or a spouse wouldn't make any difference. 

[JanelleJohnson 0]

Hello! I appreciate the help on my other question about timeline to apply for K1 visa.  Many spoke about the other benefits of perhaps he and I getting married in Australia in a few weeks and then instead going for the CR1 visa.  The timeline is similar and then he doesn't have to change status, can work right away, etc...

 

I am curious if you all know if he will be able to travel to the US to visit me while we are waiting for all of the visa steps to be approved and completed?  

 

Would travel to the US to visit me be better/eaiser if we are married and waiting for the CR1 process to be completed? 

 

I've heard conflicting info about him traveling to visit me while we are waiting for the K1 visa to be approved and that many advise against him coming here while we are waiting for this visa.

 

I'd appreciate any thoughts on this.

 

Thanks!

 

 

[Crazy Cat 41,843]

That question was answered in your earlier thread:

***Like threads merged**** Topic moved to IR-1/CR-1 Process forum***

 

Edited March 3 by Crazy Cat

[Crazy Cat 41,843]

17 minutes ago, JanelleJohnson said:

I've heard conflicting info about him traveling to visit me while we are waiting for the K1 visa to be approved and that many advise against him coming here while we are waiting for this visa.

Who are "they", and why did they advise against visiting? Many, many, many people visit during both the K-1 and CR-1 processes.

 

 

Edited March 3 by Crazy Cat

[JanelleJohnson 0]

My understanding from friends who went through this process along with a lawyer I spoke to awhile ago said that him traveling to the US is "risky" and a "grey area" b/c there is a concern from the government/border agents that he will come in and get married and change his status while here.  They all advised for us to travel together outside of the US, but this is highly inconvenient to me b/c I am a full time single parent.  That is why I wondered if we were all ready married, then his entrance into the US for visitation could be less "risky" and easier.

[OldUser 6,636]

1 minute ago, JanelleJohnson said:

My understanding from friends who went through this process along with a lawyer I spoke to awhile ago said that him traveling to the US is "risky" and a "grey area" b/c there is a concern from the government/border agents that he will come in and get married and change his status while here.  They all advised for us to travel together outside of the US, but this is highly inconvenient to me b/c I am a full time single parent.  That is why I wondered if we were all ready married, then his entrance into the US for visitation could be less "risky" and easier.

Any romantic relationship with a US citizen, be it a girlfriend / boyfriend, fiance or spouse is a potential complicating factor when crossing the US border. They're pretty much equal in the eyes of CBP in terms of risk of staying in the US.

 

Spousal visa is a much better choice overall compared to K-1.

 

Pending I-129F is pretty much the same as pending I-130 when travelling to the US.