K-1 app while living with fiance out of country: expedited?

[Julie y Pat 67]

CR1 is a better visa than the K1. Besides the guides and timelines, check out some of the threads that come up in the K1 forums. Depending on the state you will live in, getting a driver's license can be a real hassle. People get jerked around at the social security offices, not able to get a card for months. There may be another interview for the AOS, and there will be another fee of over $1000. If you're living together now, I'm sure you will have plenty of evidence for the interview. And living together means you won't have to spend time apart. The average timelines show that the K1 may be a little faster, and for couples who may live apart while the process is going on, this seems like a better option, but I don't think it is because of all the hassles related to the things I mentioned earlier. I think it's like picking the nickel instead of the dime, because it's bigger.

[KayDeeCee 4,894]

Thank you all for your help! I have read all the links you provided and learned a lot.

Since we do have 11 months, probably we could do the K1 visa and it would work fine, based on what you all have said. I have just gotten nervous reading the horror stories. How sure could I be of it all working out in time?

The benefit of the spousal visa would be the potential expedited timeline (for peace of mind) and then also for my Chilean spouse to have all the benefits of permanent residency when he arrives to the US.

What do you all think about choosing between these two options? We want to get married in the US, but the wedding ceremony can happen in the US anyway, just that we will already be legally married here.

Thanks again for your help, I know my question is a little confusing and I've still got a lot to learn. (Hopefully sooner rather than later!)

You cannot get legally married there and then petition for a K-1. A K-1 is for non-married, engaged couples only. If you marry there, the spousal visa is your only option.

[ebe 6]

Thanks for the help! It's nice to get some insight on the CR1. Given that we have a year to get it worked out and that we are ok with getting legally married here in Chile it sounds like a great option.

I understand that the fiancé visa will not work if we are already married; we are just trying to decide which route to take to get us to the US hopefully by August 2013, considering timeline, expenses, later hassles etc.

[Darnell 8,479]

Hi Harpa,

Thanks for your help! Still in the learning process here. I've just talked to the embassy here and it corresponded with what you're saying. Perhaps a good option then is to get hitched in a civil ceremony here and opt for the I-130 instead? (So he can work, drive, etc right away when we arrive).

With the timeline of 11 months and being ready to get married now, what would you all suggest at the best solution for a couple living abroad together? Fiance or Spouse route?

Thanks again for the help.

If you've lived in that country for more than 6 months, you could get married this week,

file the I-130 on Monday, and have visa within 5 months if NO DCF, or within 3 months if DCF is available.

[ebe 6]

If you've lived in that country for more than 6 months, you could get married this week,

file the I-130 on Monday, and have visa within 5 months if NO DCF, or within 3 months if DCF is available.

Thanks for the confirmation! Yes, I've been living here 14 months. There is no DCF available here in Chile, so if we go the spousal route, we'd get married ASAP (by end of September at latest I think we could get a date at the registro civil) and then get the papers sent off right after that.

Why do you say 5 months though? That is assuming the process is expedited because we live abroad, yes? I've read the posts on that and it seems fairly regular, though there were a few who said that their case wasn't, and weren't sure why.

[Darnell 8,479]

Eh - I noticed the trend, wrote about it, and Laure of Laure&Colin started taking stats.

see http://www.visajourney.com/forums/topic/357465-usc-petitioner-living-abroad/ and read all, paying particular attention to post #126

Good Luck !

[ebe 6]

Excellent advice; I had not yet gotten to post 126, lol, so that's really helpful. At least for forum users, this expediting process has seemed to be very common, so good to know how to make it hopefully more likely.

I guess the next step is to go sign some papers and get married, then! We are also putting my name on our apartment title, we've been cohabiting for a year and I'm already his "wife" as far as health insurance here goes, so proving a valid marriage should not be an issue.

You guys are so helpful. I'm very glad I discovered this board.