About to file, totally confused.

[abuliani 0]

Hello all! My husband and I are about to start the filing process but we aren't sure which route to take. He is here in Texas with me and we have 2 children together. He originally came on a school visa (H1 I think). 3 years after he came, we met and married. After 2 1/2 years we finally have enough money to file for the proper documentation but I'm a little confused on where to start. I have scoured and studied the forums and guides and I'm having a hard time finding a situation simular to mine. We were originally going to file for K-3 but after reading several posts I see that the CR-1 may be a better option. I'm just not sure which route to take. Any suggestions?

[Moosker 7]

Hi there! Welcome to the VisaJourney Club!

If you're looking to do the K3/CR1 route I would personally recommend going with the CR1. A lot of people will tell you that the K3 originally came out to help reunite families together quicker. But these days the K3 & CR1 are actually being approved along the same time lines. A lot of people file both (which I did) and then proceed with whichever route takes them there faster.

Keep reading the guides as they make sense the more you read them!

Good luck!

[Old Dominion 26]

I am assuming you don't want him to go back to Zimbabwe and wait a year to go through the visa process before he can return to Texas. If so, you should be applying for his adjustment of status (AOS, green card) and work permit (EAD). USCIS will also require an I-130 petition in the same package. The USCIS is pretty good about overlooking the fact that his current status in the US may be questionable, if they are convinced your marriage is solid and real. The filing fee for the AOS/EAD is $1,010 and the fee for the I-130 is $350, the last I knew.

He will receive his EAD within 90 days of filing and can then obtain work legally, as well as a state ID or driver's license. The two of you will be interviewed for the green card about eight months after filing, and if all is well, he will have conditional permanent resident status 2-3 weeks later.

All of the necessary forms can be downloaded and there are plenty of sources for advice on this website.

[brnidokiegurl 0]

i always say cr1

[Jasman0717 9]

If he is here and you are married you can file for AOS. I just don't know about the H1 and the impact it would have it that has expired.

[pushbrk 12,824]

i always say cr1

Is that fun for you or something? It won't be fun for this family to be separated when they don't need to be. They need to follow the AOS Guide here for couples who are both in the US already. This is not a visa case.

[Rhiannon 0]

I'd have to agree - if he hasn't overstayed his H visa, yours seems like an AOS - you do NOT want to apply for a visa unless he has to go back to his home country.

Is that fun for you or something? It won't be fun for this family to be separated when they don't need to be. They need to follow the AOS Guide here for couples who are both in the US already. This is not a visa case.