CR-1 or Adjustment of Status

[NikLR 13,227]

*** moved to general discussion and OP is discussing visa paths ***

______________________________

they can apply for a fiancee visa however in which case she doesn't have to return after the wedding. They must meet, apply for the visa and then after it's obtained they have 6 months (I can't recall if it's less? I'm sorry someone help here?) to immigrate to the USA then another up to 90 days to plan and do the wedding. So there is plenty of time to plan things out that generally need to be concrete for plans.

[iamsana 0]

So , does that mean that she should apply for a K 1 visa and enter on it rather than her visitor visa ? I believe it takes around 6 months for Indian citizens while CR-1 takes around a year. Rather than waiting for a year after marriage, she can wait for 6 months before marriage and once she gets married on K 1 she can file for Adjustment of Status within US . Have I understood it correctly ?

[Dallas47 2]

a novel Idea, get married in India where arranged marriages are the norm.

[The Mean Lady 604]

So , does that mean that she should apply for a K 1 visa and enter on it rather than her visitor visa ? I believe it takes around 6 months for Indian citizens while CR-1 takes around a year. Rather than waiting for a year after marriage, she can wait for 6 months before marriage and once she gets married on K 1 she can file for Adjustment of Status within US . Have I understood it correctly ?

I would not count on 6 months.

More like 8 or so.

And the Cr1 visa is around 8-10 months as well.

The question then becomes, are they ready to marry NOW or in 8 months from now.

And then, does she feel like adjusting status after marrying, or simply being a resident upon arrival

[NikLR 13,227]

So , does that mean that she should apply for a K 1 visa and enter on it rather than her visitor visa ? I believe it takes around 6 months for Indian citizens while CR-1 takes around a year. Rather than waiting for a year after marriage, she can wait for 6 months before marriage and once she gets married on K 1 she can file for Adjustment of Status within US . Have I understood it correctly ?

They need to meet first.

Then the USC files the I-129F petition with all the documentation they need. I would direct them to this website and have them follow the guides and wikis regarding k1 visas on this website. Also because she's legally in Canada you can follow the Canadian guides however she will need to be legally in Canada the entire process. It can take just as long as a CR1 but also can take 4 months, the benefit for this however they do not have to live apart after marriage.

After the eventual interview if everything goes well and she is approved, she has 6 months to enter the USA from the date of her medical. (tip: have the medical the week before the interview.) They can use THAT time to plan a wedding. After coming down to the USA she has 90 days to get married. Then they apply for AOS after marriage.

This gives them the time during the process to do non-concrete wedding plans like buy a dress, pick colours, buy accents and accessories, find a location and caterer etc... The 6 months after the visa approval you can set the concrete plans like put down deposits on caterers, locations etc and send out invites. The wedding must take place before the 90 days are up.

[Cathi 5,760]

I have heard of many people adjusting their status from B1/b2 to Permanent Residence after marriage. How do they prove that theirs was a spur of the moment decision ?

doesn't matter what you heard, the fact that they did it is illegal, and you are asking for illegal advice, a TOS violation of Visa Journey. If they apply for a K-1 visa, they must meet before they file for the visa. It is in no way a spur of the moment thing if the marriage was arranged ahead of time. They need to get in line with everyone else and wait for the process. Trying to circumvent visa laws will result in a lifetime ban

[ppihtr123 68]

So to be clear to the OP:

If marriage first and then paperwork (CR1 visa):

She can come to the US and get married. She can not stay BUT she can visit her husband in the US while the application is processing but can not overstay any single visit.

The other choice is paperwork first and marriage later (K1 Visa, then AOS):

She can come and go on her visitor visa as long as she does not overstay any visit. When paperwork is complete, she can move to the US and STAY forever as long they marry within 90 days of her entering the US. Then after marriage you file an Adjustment of Status (AOS) and after that is approved, she receives a GC.

[NikLR 13,227]

So to be clear to the OP:

If marriage first and then paperwork (CR1 visa):

She can come to the US and get married. She can not stay BUT she can visit her husband in the US while the application is processing but can not overstay any single visit.

The other choice is paperwork first and marriage later (K1 Visa, then AOS):

She can come and go on her visitor visa as long as she does not overstay any visit. When paperwork is complete, she can move to the US and STAY forever as long they marry within 90 days of her entering the US. Then after marriage you file an Adjustment of Status (AOS) and after that is approved, she receives a GC.

Correct. Those are their two options.