Fiancee versus other options?

[Jematt 7]

Hi Everyone. We are so confused as to what to do here. My fiancee is in Europe and I'm in the US. We want to move him here permanently. Trouble is--he has a good job there and we don't want to have him quit his job and wait a year to be able to work. We're thinking the best solution is to apply for a fiancee visa, let him come here and get married, then go back to Europe to work. Will that work? Will he be allowed to come and go while they process a work permit? We don't want to bother doing the temporary work permit as it takes as long as waiting for the permanent one after the marriage, from what we've read. But, we also don't want to be separated for a year or two without him being able to travel back here. I can't travel there due to family circumstances, so he must come here. I'm just throwing this out for ideas....any help would be appreciated. Thanks in advance!

[ricnally 258]

He won't have to wait a year to work. After you're married, he will apply for the EAD (employment authorization doc) along with his AOS (adjustment of status--towards green card), and the EAD will take about 3 months--maybe a little less. He'll have to stay in the US while waiting for the EAD, though.

[KayDeeCee 4,893]

Hi Everyone. We are so confused as to what to do here. My fiancee is in Europe and I'm in the US. We want to move him here permanently. Trouble is--he has a good job there and we don't want to have him quit his job and wait a year to be able to work. We're thinking the best solution is to apply for a fiancee visa, let him come here and get married, then go back to Europe to work. Will that work? Will he be allowed to come and go while they process a work permit? We don't want to bother doing the temporary work permit as it takes as long as waiting for the permanent one after the marriage, from what we've read. But, we also don't want to be separated for a year or two without him being able to travel back here. I can't travel there due to family circumstances, so he must come here. I'm just throwing this out for ideas....any help would be appreciated. Thanks in advance!

Why would he need to quit his job and wait a year to work?

You either get married and file for a spousal visa or file for a fiance(e) visa. With the spousal visa route, he continues with his present job through the visa process and then would quit when it is time to move to the US. He would then enter the US and have permanent resident status right away. He can work in the US and travel and re-enter. With the fiance(e) visa route, you first file the I-129F petition for him and then he will eventually be able to apply for a K-1 visa at the consulate in his country. He would continue to work at his present job until granted the K-1 visa and is ready to move to the US. He will not be able to work or travel and re-enter right away. After you are married he will file for adjustment of status and also for EAD(employment) and AP(travel). The EAD/AP takes about 2-3 months to receive after filing. At that time he can work in the US and re-enter when traveling while waiting for his green card approval. Once he has his green card, he must maintain US residency.

[TBoneTX 45,309]

*** Thread moved from K-1 Process forum to General Immigration Discussion -- OP is contemplating visa paths. ***

[Penguin_ie 5,993]

If being able to work is a big motivator, you want the CR-1 spousal visa. Get married whereever you want, then file the I-130. He can visit you on the visa waiver program and continue to work at his good job in Europe, and then once he gets the visa he can move here and work in the USA immediately. No waiting for a work permit, and also he has the ability to travel.

[Darnell 8,478]

ya - other options:

1. cr-1 visa

2. EB-5 visa

IMO, if working is the dealio, scrap the pursuit of a K-1 visa, as there is always a lag time between hitting the USA and receiving a green card or work authorization with a K-1 visa.

[Jematt 7]

Thanks you guys. Ok...so the spousal visa is an option for us, huh? I hadn't thought of that at all. Will we be in trouble if we get married here and he leaves and then we apply for it? What would be the process? And does anyone know the time frame on that? I just heard horror stories of spouses being separated for years waiting for a spousal visa so I didn't want to chance it... thanks for the replies! =)

[Jematt 7]

I've been reading and it looks like we have to process a spouse visa in the same country we get married in. So I'm not sure I can see how this would work...if he travels here and we marry--wouldn't he be in violation of just taking a regular travel visa and wouldn't that hamper our approval of a spousal visa? And also, it looks like the processing time of the Spouse visa is considerably longer than the K-1. Am I missing something? I know several of you said the Spouse visa is better... Thanks!

[NikLR 13,227]

I've been reading and it looks like we have to process a spouse visa in the same country we get married in. So I'm not sure I can see how this would work...if he travels here and we marry--wouldn't he be in violation of just taking a regular travel visa and wouldn't that hamper our approval of a spousal visa? And also, it looks like the processing time of the Spouse visa is considerably longer than the K-1. Am I missing something? I know several of you said the Spouse visa is better... Thanks!

No he has pursue the spousal visa in the country he's living in. Remember to look at the IR1/CR1 visa. Do not look at the K3. It's obsolete and very very rarely issued due to administrative reasons at the National Visa Center. The spousal visa interview that yay or nays the visa, will take place in the country of the beneficiary's residence unless that country doesn't do those kinds of interviews. For example if you lived in Denmark, you have to go to Stockholm, Sweden for an interview because Copenhagen no longer does them.

You can get married anywhere you want as long as it's a legal wedding. Anyone can get married in the USA. However it's possible to be denied entry into the USA for the purposes of marrying a US Citizen and since you should NEVER EVER lie to a POE officer because that would be fraud and can result in a ban. A denial is okay. A ban is not. You could also pick another country (Canada for example) to have a wedding in and then start the petition afterwards.

The processing time about the same as a K1. In fact, a lot of spouse visas are being processed faster than K1 visas because of the way USCIS is handling the petitions. Right now they're being sent to the National Benefits Center, which generally forwards them off to the local USCIS office over the petitioner's address. The speed of the local offices varies.

The CR1 visa is less expensive than a K1 visa as well, not including travel costs.

The CR1 allows someone to work withing weeks of moving to the USA vs months.

The CR1 does require the I-864 at the NVC stage, so if you do not make enough money or have enough assets, you WILL need a co-sponsor. Most of the consulates accept co-sponsors on CR1 visas, not all of them do that for the K1.

[Jematt 7]

NikiR, thanks for your response. I was reading your signature... Are you currently in the process of obtaining the IR1/CR1? I really didn't want to travel outside of the country to get married, so was trying not to do that. But, judging from your reply, you agree that it wouldn't be wise for him to "visit" and for us to get married. This is why I thought the fiancee visa was "cleaner." The problem seems to be that with that option, he can't come and go.

If we did go with the spouse visa option and got married here on a whim, let's say--and he then went home--would that be a problem? Wouldn't he be unable to travel on a regular travel visa to see me until his case was processed?

[KayDeeCee 4,893]

NikiR, thanks for your response. I was reading your signature... Are you currently in the process of obtaining the IR1/CR1? I really didn't want to travel outside of the country to get married, so was trying not to do that. But, judging from your reply, you agree that it wouldn't be wise for him to "visit" and for us to get married. This is why I thought the fiancee visa was "cleaner." The problem seems to be that with that option, he can't come and go.

If we did go with the spouse visa option and got married here on a whim, let's say--and he then went home--would that be a problem? Wouldn't he be unable to travel on a regular travel visa to see me until his case was processed?

It is perfectly legal to enter the US to get married. You just cannot plan to enter, get married and file to adjust status and stay. He can come visit and marry you and then return home. You can file for the spousal visa and then once approved, he can move here and become a permanent resident as soon as he enters. If he is planning on going back and forth still, just be sure you research about maintaining permanent resident status.

Also, so long as he can prove ties to his home country and that he will not be staying, he can still visit while the visa is being processed: http://www.visajourn...-you-can-visit/