Fiancé or Spouse Visa, which one should we do?

[sissi007 0]

Dear all,

I'm a bit confused at the moment, my fiancé (US) and I (Swiss) are starting the process for the Fiancé visa (K1) but as I was going through this website to find info on the Fiancé visa, I don't know which way is the best anymore : Fiancé or Spouse Visa??

I checked the link http://www.visajourney.com/content/compare but I need true stories!

We always thought the Fiancé visa was better because it takes less time to receive it, it seems cheaper, I can go to the USA during the process but the negative points, for me, are:

- I won't be able to work immediately after my arrival in the USA

- I'll still have to go through administrative work with AOS, etc....

but also:

- my fiancé isn't rich and I'm afraid of what could happen if they refuse our sponsor

- he has a criminal record and even if an immigration lawyer told us we should be ok, I'm still afraid the Immigration service would deny me the visa

I don't want to take any risks and get a visa denial because I wouldn't know what to do if they refuse it. Since this is the beginning of our long road in this process, I imagine all kind of things that could happen...

The Spouse visa now seems an other option but I have these questions:

- what's the difference between K3 and CR1 / IR1?

- does it really take much longer than obtaining the Fiancé visa?

- can I go to the USA during the visa process?

- do we need to provide criminal records papers or proofs of finances?

Thanks a lot for your help and inputs!

[baron555 934]

We always thought the Fiancé visa was better because it takes less time to receive it, it seems cheaper, I can go to the USA during the process

Maybe yes and maybe no, not a total slam dunk but for you most likely you can get a tourist visa.

but the negative points, for me, are:

- I won't be able to work immediately after my arrival in the USA

- I'll still have to go through administrative work with AOS, etc....

Yes to both.

but also:

- my fiancé isn't rich and I'm afraid of what could happen if they refuse our sponsor

If they meet the poverty requirements, then all is OK. If not, then they can get a cosponsor. Happens all the time.

- he has a criminal record and even if an immigration lawyer told us we should be ok, I'm still afraid the Immigration service would deny me the visa

Depends on the crimes. Full and honest discosure is key. This potential issue will be the same regardless of visa type, K-1 or CR-1.

I don't want to take any risks and get a visa denial because I wouldn't know what to do if they refuse it.

We all have/had that concern. If you have all the documents, are honest and have a serious relationship, then what is there to worry about?

If the fear of denial is that strong, then maybe theh visa process and immigration to the US is not for you (guys).

The Spouse visa now seems an other option but I have these questions:

- what's the difference between K3 and CR1 / IR1? K-3 is obsolete. CR-1 is what you want.

- does it really take much longer than obtaining the Fiancé visa? Yes because you ALSO have to AOS prior rather than later.

- can I go to the USA during the visa process? Maybe yes and maybe no.

- do we need to provide criminal records papers or proofs of finances? Criminal records along wit the 129f form and financial support for the interview, Read the Guides (link at the top of this page).

[imse82 45]

Regardless what visa you choose the criminal records might cause problems.

[Ontarkie 14,226]

~~Duplicate threads Merged, and moved to What Visa Do I need - Family Based Immigration, As the OP is looking at the options.~~