Need your help!

[Tareksnow 0]

Right now we're engaged and we're willing to get married by next year. Not willing to move to the US before that.

It's either we start now for K1 and go to the US by next year and no work till i finish AoS or EAD

Or I wait till married, wait for CR1 and then go to US + work

Am i correct?

[Tareksnow 0]

K1 visa

• Takes 5-8 months until you can move to the U.S.A. This is sooner than the CR-1 visa.
• Fees are greater in the long run.
• Once you're in the U.S.A. and married, you'll have to file for an Adjustment of Status (AoS) to get a green card (GC).
• If you want to work while waiting for your GC you'll have to file for your Employment Authorization Document (EAD) or work permit and your Advance Parole (AP) with your AoS, this can take an additional 3-6 months before the EAD and AP is granted (will not effect the AoS processing).
• If you've been married less than 2 years when you are granted your AoS you'll have to apply to remove conditions in 2 years, which is additional fees and paperwork.

CR-1 Visa:

• Takes upwards of a year before you can move to the U.S.A.
• Fees are less in the long run.
• Once you enter the U.S.A. you get your green card and can start working immediately.
• If you've been married for more than 2 years at the date of entry to the U.S.A. on a CR-1 visa you will not have to apply to lift conditions.

Correct me if I'm wrong senior VJ'ers?

Forgot to thank you, very informing. THANK YOU!

[d3adc0d3 186]

Depends on a lot of things, typically I hear between 3-8 months for an AoS, but as long as you got your EAD, you'll be able to work once that's in your hands while waiting for your AoS approval and GC, and there's no additional fees for the EAD when you're a K1 AoS filer -- if i recall correctly, I believe that was amended recently.

[BOS_LHR 829]

Right now we're engaged and we're willing to get married by next year. Not willing to move to the US before that.

It's either we start now for K1 and go to the US by next year and no work till i finish AoS or EAD

Or I wait till married, wait for CR1 and then go to US + work

Am i correct?

That's correct. If you start on the K1 now you'll be able to move and get married next year, but there will be a gap of probably a month or two after you're married before you can work. Edit: also bear in mind that while you're unemployed, you'll be paying out a significant amount of money toward the AOS.

Otherwise, you can marry whenever you want and start the CR1 process, which will probably take about a year to complete. As an aside, K1 isn't processing much faster than CR1/IR1 these days. That used to be an advantage of the fiance visa over the spousal visa, but it's not holding true lately.

No matter what path you take, you won't be able to move to the US until next year anyway, so it's good you're not hoping to go any earlier.

Edited July 10, 2013 by BOS_LHR

[Tareksnow 0]

Thank you for your info!