We Are Married! Now what?

[Rose-Romagnoli 0]

My fiancé arrived this month, and we married the 23rd of December. He entered the USA on a 90 day visitor visa, and the Social Security office told us that we need to go to immigration to change his status. My husband does NOT intend to stay here; he will return to Italy after 40 days here to continue his studies in college (this is his last year, and it is a priority for both of us that he will earn his degree in Italy).

My first thought is that a trip to immigrations while he is here will ultimately cause a problem. I understand that I can apply for AOS, but I do not want to risk a delay or possible denial. From what I have read here, a CR1 or K3 application is the route that we want. Please correct me if I am wrong.

For us, the wait is unevitable and planned. My husband has nearly a year left in college, so there is no rush. I am military, so we have more "visit" time since we can utilize (nearly free) space-A flights to visit each other.

When should I start the process, and which process is best? Thanks to everyone!

[payxibka 10,045]

a spousal visa is now your option.... the process can take from 9 - 12 mos. you should apply when you are near or within that window, and wish to have him immigrate permanently to the US.

[pushbrk 12,898]

a spousal visa is now your option.... the process can take from 9 - 12 mos. you should apply when you are near or within that window, and wish to have him immigrate permanently to the US.

Right. Since you are in no hurry, I'd take the CR1 route instead of K3. Start by studying the guides here. We'll be available for remaining questions. You'll also want to download the I-130 form and the G 325a. They'll be easier to fill out while you're together.

[cmnb 0]

my vote goes for a standalone I-130 (CR-1) as well. they are processing these faster than the K3 and plus the CR-1 is a better visa in every regard.

[Mononoke28 135]

I agree with everybody here, please consider taking the CR1 route since it's a much better visa in every way.

Diana

[msnoob 3]

I'll chime in and agree with the CR1 Visa. I would strongly recommend that you read the guides and review the timelines. While you are in no hurry now... remember... USCIS will never be in a hurry :-) So I'd start the process now. You can always take your time when you get to the NVC and you have another 6 months to enter the country once the Visa is issued.

Best of Luck!!

[milimelo 4,481]

Go with the CR-1. On a side note, since you are in military, you only have to show 100% of poverty line requirements on the I-864 instead of usual 125%.