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kitthekat

advice on fiance vs spousal visa

By kitthekat in What Visa Do I Need - Family Based Immigration

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kitthekat Experienced

kitthekat   1,317

Posted
Filed: K-1 Visa Country: Singapore
 Timeline
Posted

Hi guys,

Like everyone else here, my bf (the petitioner) and I (the beneficiary) are trying to find a way to be with each other in the shortest amount of time. We are completely new to the immigration process and would like some advice on which route is the better one for us both in terms of time and cost.

Our (limited) understanding is that there are two-three ways to go about this:

A. Fiance visa

We apply for the fiance visa, if it's approved, I can legally enter the US for 90 days during which we must marry. Once that has taken place, I can stay on and apply to adjust my status to a permanent resident and apply for a work permit as well. Am I allowed to leave the US after we marry and still apply to adjust my status from my home country (Singapore)?

B1. Spousal visa

I enter under the Visa Waiver Program/ESTA, we get married and I return home. He then petitions to bring me over during which I cannot (?) visit until the visa is approved. I've read different accounts on whether or not visiting is allowed while the application is still being reviewed - can anyone shed some light?

B2. Spousal visa also

We marry outside the US and he petitions to bring me over. Is this route any different from the one above?

Would anyone be able to advise us on which is the faster and less expensive option for us? I would prefer to be able to return home while the application is pending as I do have work commitments and cannot put them on hold indefinitely, but I don't want to be stuck not being able to see him for months/years either. :\

Many, many thanks in advance! smile.png

Flying to Seattle on 6 May 2014!

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Cathi Veteran

Cathi   5,755

Posted
Filed: Citizen (apr) Country: Jordan
 Timeline
Posted

fastest and most expensive is fiance...a little longer, but not by much, and less expensive is spouse. it depends on your situation and circumstances as to whicih you want to choose, there are pros and cons to each. The guides at the top of the page can help


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KayDeeCee Grand Master

KayDeeCee   4,893

Posted
Filed: Citizen (apr) Country: Mexico
 Timeline
Posted

~ Moved from K-1 Process to General Immigration-Related Discussion- OP is trying to choose a visa path ~

Compare > http://www.visajourney.com/content/compare

Link to K-1 instructions for Ciudad Juarez, Mexico > https://travel.state.gov/content/dam/visas/K1/CDJ_Ciudad-Juarez-2-22-2021.pdf

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Penguin_ie Grand Master

Penguin_ie   5,993

Posted
Filed: Citizen (apr) Country: Ireland
 Timeline
Posted

You can visit during the process, whether it;s the K1 fiance visa or the CR-1 spousal visa.

If you choose the K21, you must get married, then file AOS and AP before you can travel- ie you will be stuck in the USA for about 3 months at least.

Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

mod penguin.jpg

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dwinge Community Regular

dwinge   34

Posted
Filed: Lift. Cond. (pnd) Country: Singapore
 Timeline
Posted

Best wishes to you!

I-129F Sent : 2012-11-02
I-129F NOA1 : 2012-12-06
I-129F RFE(s) : 2013-5-30
RFE Reply(s) : 2013-6-10
I-129F NOA2 : 2013-6-17
NVC Received : 2013-06-28
NVC Left : 2013-07-02
Consulate Received : 2013-07-08
Packet 3 Received : 2013-07-10
Packet 3 Sent : 2013-07-25
Packet 4 Received : 2013-08-24
Interview Date : 2013-09-13
Interview Result : Approved
Visa Received : 2013-09-23
US Entry : 2013-10-25

Marriage : 2013-11-16

Filed AOS
CIS Office : Santa Ana CA
Date Filed : 2013-12-05
NOA Date : 2013-12-12

Biometrics: 2013-12-26

Interview Date: 2014-04-07

EAD Approval: 2014-02-15

EAD Received: 2014-02-26

AP Approved: 2014-02-18

AP Received: 2014-02-26

I-751 Sent: 2016-01-09

I-751 NOA1: 2016-01-11

I-751 Biometrics: 2016-02-29

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  • 1 month later...
TBoneTX Grand Master

TBoneTX   45,308

Posted
Filed: Citizen (apr) Country: Ecuador
 Timeline
Posted

*** Older thread moved from General Immigration Discussion to the new "What Visa Do I Need" forum. ***


06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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