Do we file DCF, K1 , K3 , or CR-1 ?

[LIFE'SJOURNEY 970]

Nathan, try reading the guides above to gain knowledge about which one will work best for you. But be aware that the K3 is no longer an option. Repeat the K3 is no longer an option.

[Krikit 1,165]

Moving from DCF Forum to General Immigration Discussion. Also merging duplicate threads.

[AmyWrites 593]

The K-1 takes less time to get, but then she needs an EAD and to AOS and that's generally an expensive mess. I'd recommend the CR1 even if it'll take longer. DCF is only available to folks in certain countries, and that doesn't matter because you need to be a resident there.

[jaycali 415]

Thank you. Should we file the CR-1 while she is still here or when she arrives in her country? When is the next time she can visit the US (giving her US visiting history) while we are waiting for the spousal visa paperwork to process about 9 months? Dully noted, is her next visit going to be with the tourist b2 visa she holds currently?

You can file the I-130 for a CR-1 visa while she's still in the US, no problem. Where in Europe is she from? Citizens of most European countries don't need visas to visit the US if staying less than 90 days. If she's from a Visa Waiver Program country, she doesn't need a visa - Just fill out an electronic ESTA form online at least 72 hours before departure.

She can technically visit as often as she likes whether on a B-2 or visa waiver. However, every time, she'll have to sufficiently prove to the CBP officer that she has every intention to return to her country and not stay or work illegally in the US. A general rule of thumb is to spend more time outside the US than in the US.

It sounds like the officers stamped no AOS because he suspected you'd get married and then have her file AOS.

There is nothing wrong with getting married, but as others have said, it's illegal to enter the US on any visa besides K-1 with the intention of marrying and then staying. Going the route of AOS with "no AOS" stamped in the passport is too risky.

Intending to get married on tourist visa = OK

Getting married and adjusting status on tourist visa = OK if no AOS was intended when entering.

Intending to get married and adjusting status on tourist visa = NOT OK.

Edited April 7, 2012 by jaejayC