Fiance vs. Spousal Visa

[elizaxyz 0]

Hello all,

I'm an American engaged to a UK citizen, and we're weighing the pros and cons of applying for a fiance visa now vs getting married over the summer in England and applying for a spousal visa upon my return to the US. I've read varying things about the speed with which both are processed, and I'm a bit confused. We're leaning towards the spousal visa, since he would not need advance permission to leave the US once he was here. That's a big plus for us, since his parents are older and he's worried about not being able to get home to them in case of an emergency.

Any advice would be great. Thank you!

[meddykomp 0]

Because processing time changes on these things and it depends on which service center, no one can give a guarantee of which is faster. What I would really consider is where you want to get married and yes in your case the ability to come and go from the US as needed.

[miranda 0]

I understand what you're going through. My fiance is from the UK and he's concerned about his parents. We've decided to go through the fiance visa because the spousal visa requires you to be apart after you're married. I knew that it would be harder for me to be married to him and be separated than to be engaged and separated. I'm not sure why that is. However, I think this is probably an individual decision.

[aussiewench 9]

Vermont is the fastest service center at present so your wait apart wont be as excessive as some are on either visa, providing of course that you get a clear run......no RFE's, hold ups with security checks etc. Spousal visa would allow your husband as you say to return home at the drop of a hat if he needed to. Under those circumstances, I would lean towards the spousal for sure.

We were already married before looking into the visa situation properly so we had to decide the CR-1 or the K-3. As they both require submission of the I-130 we waited to see how the I-130 progressed through vermont. Having gone through fast we opted to skip the K-3 and remain with the CR-1 Immigrant Visa which means not having to worry about doing AOS once in the US, can work, travel, whatever, straight away. It looks like only having added maybe 2 months to the process, had we gone the K-3. Yes its hard being apart from my husband, but the benefits now outweigh IMO. I never thought I'd say that lol

All the very best with whatever you decide

Lorelle

[meddykomp 0]

We also got married first. It is hard being apart from my husband, but honestly it was just as hard when we were apart before we got married. We started out filing the I-130 without the intent of K-3, but since the (sarcasm) ever so lovely (/sarcasm) California Service Center has done nothing with our application since they sent the NOA1 on Oct 5th, we have since filed for K-3 in hopes to get him here a little sooner. Good luck and I hope you are reunited quickly.

[Jasman0717 9]

We did a K-1 because at the time it was much faster.

[elizaxyz 0]

Thanks, everyone. I have to admit this whole process makes me extremely nervous; I'm glad I came across this forum. I suppose the fiance option might be quicker, since we could file that immediately instead of waiting until after the wedding.

I'm making an appointment with an immigration lawyer tomorrow; I'm terrified I'm going to do this wrong somehow.

[aussiewench 9]

Honestly unless you have a complicated case or no time to do this yourself, an immigration lawyer really isn't necessary and a waste of money. That's what we are all here for VJ has a wealth of information and is a great support network.

[classic 0]

This is what I did:

I favored IR over K3- main reason is my kids (I got three) automatically become US citizens once they enter US on an immigrant visa.

I filed I-130 for each of my family members, then upon receiving the NOA1, I filed for K3 too (just gambled with my $170) just as a back up (I have read scary posts of petitions getting lost, stalled, or in a standstill for no clear reason).

I pushed on with my I-130's. Timelines for I-130's at VSC & NVC were moving relatively fast late last year & I almost completely forgot all about my K3.

My I-130's became "case complete" at NVC mid January 2006. It's almost a month now, and no word if the petition has been sent to the embassy yet. Then I learned that it may take 2 months or more before I get to know. Lately, I have learned that I-130's for Philippines have to wait 6 months for the interview after the embassy receives the petition (this is unique to the Phils because of the huge volume). For my I-130's it is "too near yet too far."

I checked on my K3- and yes, they have a schedule for my beneficiary's interview- this March 2006! The kids are derivatives (K4).

I have decided to go for the K3/K4 route. I cant wait till the last quarter of 2006. I will make my choice on whether to dump my case completed I-130s and file for AOS (that cost a lot), or fly back to retrieve the I-130s when the interview date is set (that will cost more!) once we get past the K3, hopefully with no hitches.

It helps to file both petitions. And if you are without kids, it becomes a lot more simple.

[Fandango 1,439]

To the OP, I can totally feel where you're coming from...we are at the stage where we are deciding what to do as well...I was leaning towards the K-1 because I've seen a few posts on here where people have been apart for 18 months!

But to everyone...may I ask what an RFE is? Perhaps I haven't hunted around this site enough to see that there's a glossary or anything...but I'm dying to know

Refusal for entry?

[classic 0]

Request for evidence- usually they ask for a additional documents, depending on what they think needs more supporting proof

[Fandango 1,439]

Request for evidence- usually they ask for a additional documents, depending on what they think needs more supporting proof

Aha! thank you!

Now it all becomes clear

[meauxna 15]

Perhaps I haven't hunted around this site enough to see that there's a glossary or anything...but I'm dying to know

http://www.visajourney.com/forums/index.ph...page=definition

US Immigration Abbreviations and Forms (FAQ Appendix)