Asked in Immigration Law for Texas

Q: I need help from those who've been similar to my situation or those who know what is the best option here

I filed k1 petition back in 2016 and my fiance did his interview in September 2016, everything was good but he was stuck in ordinary administrative processing for two years with no progress. We got exhausted from waiting and nothing happening so we withdrew the k1in October 2018 and got married and now I want to file for CR1 visa but I'm afraid of that I will end up in the same loop. So please help me out. I made my long story short.

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1 Lawyer Answer

Kelli Y Allen

  • Immigration Law Lawyer
  • Charlotte, NC

A: Without knowing why the K1 was in administrative processing, there's no way to predict whether the same issue might arise with a spousal visa petition. I suggest working with an experienced immigration attorney to handle the visa process to ensure that everything is filed properly and and sufficient supporting documentation is submitted. Longer processing times often result if there is too little evidence of the bona fide relationship.

Even if everything is done perfectly, it is common for the I-130 approval to take 12+ months; then another 6 months or so for the immigrant visa applications/consular processing. So realistically, even with the assistance of an attorney, you're probably looking at about 1 1/2 years.

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