What Visa should we choose?

[Sabrina&Haydn 0]

Hi Everyone,

I am a US citizen living with my Australian fiance in Australia. I have been living here for a year and a half with him. We are getting married in the US in May 2014 and are in the process of figuring out what visa we should go for/is the easiest. The plan as of now is to get married and continue living in the US (after a month long honeymoon through South America). As I see it, we have a few options:

1. K-1 Fiance Visa then apply for green card (How long after we get married and apply for the green card, in general, will it take for my fiance to get the right to work? Ideally, we want to start working again by about June 2014)

2. Green Card through job offer: my fiance has very specialized skills in the aviation industry and has pretty much already been offered a job in the US

3. Get married in Australia first and apply directly for a green card (would we have to wait for the green card to be approved to move to the states and my fiance be able to work?)

4. Get married in the USA while my fiance is on a holdiay visa and apply for the green card while we are out of the country on our honeymoon (is this frowned upon? would we be able to re-enter the states if the green card is pending?)

I figure the safest option is option 1, since it will allow him to get into the US and stay there after we get married, but it seems like such a hassel if we could possibly do one of the other options (if they even are easier)

All suggestions/advice are welcome!

[Lainie B 465]

1. If he enters on a K-1 and files for AOS (green card) and EAD (work authorization) right after you get married, it will take about 60-90 days to receive the work authorization and your fiance will be able to work with that. The green card will take longer to arrive (right now people are waiting up to a year). The work authorization will allow him to work while he's waiting for the green card.

2. Your fiance would get a work visa, not a green card, through work

3. If you get married in Australia you will apply for a CR-1 visa. It can take a while to go through the whole process (up to a year), but your fiance will be able to work as soon as he arrives in the US

4. Your fiance can go to the US on the VWP (not a tourist visa) and get married, then leave and go through the CR-1 process but again it will take a while. He can visit on the VWP in the meantime

Each option has its pros and cons in time and cost.

Edited April 11, 2013 by Lainie B

[baron555 934]

Hi Everyone,

I am a US citizen living with my Australian fiance in Australia. I have been living here for a year and a half with him. We are getting married in the US in May 2014 and are in the process of figuring out what visa we should go for/is the easiest. The plan as of now is to get married and continue living in the US (after a month long honeymoon through South America). As I see it, we have a few options:

1. K-1 Fiance Visa then apply for green card (How long after we get married and apply for the green card, in general, will it take for my fiance to get the right to work? Ideally, we want to start working again by about June 2014)

2. Green Card through job offer: my fiance has very specialized skills in the aviation industry and has pretty much already been offered a job in the US

3. Get married in Australia first and apply directly for a green card (would we have to wait for the green card to be approved to move to the states and my fiance be able to work?)

4. Get married in the USA while my fiance is on a holdiay visa and apply for the green card while we are out of the country on our honeymoon (is this frowned upon? would we be able to re-enter the states if the green card is pending?)

I figure the safest option is option 1, since it will allow him to get into the US and stay there after we get married, but it seems like such a hassel if we could possibly do one of the other options (if they even are easier)

All suggestions/advice are welcome!

Number 2 or 3 seems best.

Number 1 will take the longest for him to work.

Number 4 is not possible, he may not be allowed to re-enter since his holiday visa might be revoked since he's now married and obviously has intent to reside here.

[Lainie B 465]

Number 2 or 3 seems best.

Number 1 will take the longest for him to work.

Number 4 is not possible, he may not be allowed to re-enter since his holiday visa might be revoked since he's now married and obviously has intent to reside here.

He's Australian, he doesn't need a tourist visa, he can visit on the VWP. Many have visited on the VWP with a pending CR-1

[canadian_wife 1,808]

If you want to live, work, and travel with ease, the Cr-1 spousal visa seems to be the best option.

Out of curiosity, what is your husband's field? My husband is a pilot and CFI

good luck

[Penguin_ie 5,992]

**** Moving from K1 fiance visa to General Immigration as Op seems unsure which visa path to choose ****

[Harpa Timsah 13,258]

Work visa if you can swing it. Doesn't take as long to process. Many of them are dual intent so you can apply for the GC based on marriage after you get to the US on the work visa. I think H1Bs are over for this year already though.

Anything for spouse or fiance won't work with your timeline. It takes a lot longer than a month to process these things. (and for fiance you have to remain unmarried obviously).

[baron555 934]

He's Australian, he doesn't need a tourist visa, he can visit on the VWP. Many have visited on the VWP with a pending CR-1

True but it's not guaranteed that every time he will be allowed into the US; CBP would see the application in their system and CAN send him back at their discretion.

[ricnally 258]

Also with K1, you will not be able to go on your honeymoon to S.A. immediately (after marrying, you apply for AP along with EAD which takes 60-90 days).

[Sabrina&Haydn 0]

Thanks everyone for your replies. I think we have just decided to do the K-1 visa as it seems the safest option and one that should be processed in time for our wedding. That is really disappointing about him not being able to leave the country for 60-90 days after we apply for his green card and AP. I guess we will either have to postpone it or go somewhere in the States.

Is there any way to apply for a AP while on the K-1 visa? I don't think he will enter the US until April next year, which would give us 60 days after the wedding left on our K-1.

[Lainie B 465]

Thanks everyone for your replies. I think we have just decided to do the K-1 visa as it seems the safest option and one that should be processed in time for our wedding. That is really disappointing about him not being able to leave the country for 60-90 days after we apply for his green card and AP. I guess we will either have to postpone it or go somewhere in the States.

Is there any way to apply for a AP while on the K-1 visa? I don't think he will enter the US until April next year, which would give us 60 days after the wedding left on our K-1.

Once he enters the US on the K-1 he cannot leave until he gets the AP that is submitted with the AOS application. Well he can leave but you would have to start again with the whole visa process.

For what it's worth, I wish I had done CR-1 instead of K-1.

[Sabrina&Haydn 0]

I wish we could as well, but with the wedding booked for a year from now I do not think it is worth chancing that the CR-1 will be approved in time. At least the K-1 generally has a shorter process time.

Lainie- I see you/your fiance are Australian as well, may I ask how long it took to get your visa processed?

Edited April 12, 2013 by Sabrina&Haydn

[Lainie B 465]

I wish we could as well, but with the wedding booked for a year from now I do not think it is worth chancing that the CR-1 will be approved in time. At least the K-1 generally has a shorter process time.

Lainie- I see you/your fiance are Australian as well, may I ask how long it took to get your visa processed?

From start to finish it took about 6 months for me to get the K-1 visa in my hand. However processing times for the I-129f alone (the first stage of the K-1) are much longer now, up to 8 months (mine took 4 months which was the average at the time). It's hard to say what the processing time is going to be by the time yours is ready to be adjudicated.

The I-129f stage is independent of which country your fiance comes from - all will take about the same amount of time

The visa stage is relatively fast for Australians, though lately the Sydney consulate has been slow to issue interview dates.

This whole process makes it very difficult to plan weddings, and to plan life in general.

[Hazel Ickes 0]

Hi,

It is glad that you have different option to get your fiancee with you. I think it is better to go with K-1 Fiancee Visa.

Green card through job offer, below given are the documents to produced.

Supporting Evidence For Form I-485

You should submit the following evidence with your Form I-485:

Evidence of inspection, admission or parole into the United States (Form I-94, Arrival Departure Record)

If you have already been approved for an immigrant petition, submit a copy of the approval notice sent to you by the USCIS

Job offer letter from your employer

Two color photos taken within 30 days

Form G-325A, Biographic Data Sheet (for applicants between the ages of 14 and 79)

Form I-693, Medical Examination (not required if you are applying based on continuous residence since before 1972, or if you have had a medical exam based on a fiancé visa)

Form I-864, Affidavit of Support (completed by the sponsor)

Diclaimer: We are not a Legal Firm. You can take up a legal advice with a immigration lawyer for better solution.

Hi Everyone,

I am a US citizen living with my Australian fiance in Australia. I have been living here for a year and a half with him. We are getting married in the US in May 2014 and are in the process of figuring out what visa we should go for/is the easiest. The plan as of now is to get married and continue living in the US (after a month long honeymoon through South America). As I see it, we have a few options:

1. K-1 Fiance Visa then apply for green card (How long after we get married and apply for the green card, in general, will it take for my fiance to get the right to work? Ideally, we want to start working again by about June 2014)

2. Green Card through job offer: my fiance has very specialized skills in the aviation industry and has pretty much already been offered a job in the US

3. Get married in Australia first and apply directly for a green card (would we have to wait for the green card to be approved to move to the states and my fiance be able to work?)

4. Get married in the USA while my fiance is on a holdiay visa and apply for the green card while we are out of the country on our honeymoon (is this frowned upon? would we be able to re-enter the states if the green card is pending?)

I figure the safest option is option 1, since it will allow him to get into the US and stay there after we get married, but it seems like such a hassel if we could possibly do one of the other options (if they even are easier)

All suggestions/advice are welcome!

[mai95 4]

Hi Everyone,

I am a US citizen living with my Australian fiance in Australia. I have been living here for a year and a half with him. We are getting married in the US in May 2014 and are in the process of figuring out what visa we should go for/is the easiest. The plan as of now is to get married and continue living in the US (after a month long honeymoon through South America). As I see it, we have a few options:

1. K-1 Fiance Visa then apply for green card (How long after we get married and apply for the green card, in general, will it take for my fiance to get the right to work? Ideally, we want to start working again by about June 2014)

2. Green Card through job offer: my fiance has very specialized skills in the aviation industry and has pretty much already been offered a job in the US

3. Get married in Australia first and apply directly for a green card (would we have to wait for the green card to be approved to move to the states and my fiance be able to work?)

4. Get married in the USA while my fiance is on a holdiay visa and apply for the green card while we are out of the country on our honeymoon (is this frowned upon? would we be able to re-enter the states if the green card is pending?)

I figure the safest option is option 1, since it will allow him to get into the US and stay there after we get married, but it seems like such a hassel if we could possibly do one of the other options (if they even are easier)

All suggestions/advice are welcome!

# 4 is actually illegal, He enters the US. with the intentions of getting married under a tourist visa, that is illegal, yes it does happen but I have seen/know and heard of others getting caught doing this. When caught they are deported, and possibley banned. Chances of getting caught are very small, but why risk it.

You said you will marry in the US in May 2014 that is alot of time possibly enough time to procce a K-1 or better for his work status would get married now and then spousal visa.

no wait to work once arriving in U.S.