Fiance or spouse visa? and ESTA issues

[anxukas 0]

Hi guys,

I need a little help. Have done so much research to get answers for my situation that it's just a mess in my head now. So here's what situation I'm in -

I'm from Estonia and went to LA in May 2013 for 3 months with ESTA,just for a holiday and explore. Me and my roommate there, we fell in love/got in a relationship the second i got there but we broke it off after i had to leave home. Breaking it off didnt work well..We were still in contact all the time. In November 2013 I came to NYC and three weeks after being there, me and my bf decided I should come for a visit in LA and see how things go. I've been here with him for 2 weeks now and it's clear for both of us that this thing we have is going to last for a long time and we want a fare chance to be together with out all the distance and hassle. I have a flight back to my home country on 18th of January, ESTA ends 2nd Feb. The question now is, which is cheapest and easiest to get - getting married or the fiancee visa? What would you recommend?

We are both young and I manage to travel thanks to my parents(im 20) He has work that pays his bills and lets him live normally(he's 25). Meaning.. we should need to whole progress to be as cheap as possible and fast enough for me to be able to work. Also the long distance relationship is way too awful to go through it again! But I guess I don't have to mention that here..

I would really appreciate help!

[KayDeeCee 4,893]

Here is the visa comparison chart > http://www.visajourney.com/content/compare

~ Moved from K-1 Process to What Visa Do I Need - OP deciding between visas | 3 duplicate topics removed ~

[Ilovemyman 147]

Fiance visa is faster

[Penguin_ie 5,993]

I recommend getting married, the CR-1 spousal visa is cheaper and you can work right away when you enter the USA.

Since you did not intend to get married and stay when you came on the VWP, you could Adjust Status from within the USA- however, that woudl mean no work or travel for several months, which does not seem ideal in your case.

[aaron2020 11,651]

we should need to whole progress to be as cheap as possible and fast enough for me to be able to work.

You have 3 options.

1. Get marry today at the local courthouse and file to adjust your status by remaining in the US. This will cost about $1000. In California, you can get marry within 30 minutes at the local courthouse. After getting married, you file to adjust your status. Once you file to adjust, it can take 2-3 months for you to get an EAD/AD card allowing you to legally work. You must remain in the US until you get the EAD/AP card. (If you leave without the AP part, you will be deemed to have abandoned the process and the case will be denied.) After 6 months, you will get a green card.

2. Get marry today at the local courthouse, go home to your country, and file for the CR-1 spousal visa. Cost will be around $1000 plus another plane ticket. In about a year, you would get an immigrant visa. Upon entering the US, you will immediately get a green card. You would be able to work immediately.

3. Do not marry, go home, and then file for the K-1 fiancée visa. This will cost about $1800 and another plane ticket. It will take 6-8 months for you to get a K-1 visa. Once in the US, you will need to file to adjust your status. There will be the 2-3 months where you cannot work or leave the US without abandoning the process since you would need to wait for the EAD/AP card.

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IMHO, go with option 1 as it's the cheapest way and the one where you will not be separated.

Edited December 9, 2013 by aaron2020

[anxukas 0]

You have 3 options.

1. Get marry today at the local courthouse and file to adjust your status by remaining in the US. This will cost about $1000. In California, you can get marry within 30 minutes at the local courthouse. After getting married, you file to adjust your status. Once you file to adjust, it can take 2-3 months for you to get an EAD/AD card allowing you to legally work. You must remain in the US until you get the EAD/AP card. (If you leave without the AP part, you will be deemed to have abandoned the process and the case will be denied.) After 6 months, you will get a green card.

2. Get marry today at the local courthouse, go home to your country, and file for the CR-1 spousal visa. Cost will be around $1000 plus another plane ticket. In about a year, you would get an immigrant visa. Upon entering the US, you will immediately get a green card. You would be able to work immediately.

3. Do not marry, go home, and then file for the K-1 fiancée visa. This will cost about $1800 and another plane ticket. It will take 6-8 months for you to get a K-1 visa. Once in the US, you will need to file to adjust your status. There will be the 2-3 months where you cannot work or leave the US without abandoning the process since you would need to wait for the EAD/AP card.

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IMHO, go with option 1 as it's the cheapest way and the one where you will not be separated.

Thanks for your reply. The number 1. seems the best idea right now, but could you tell me what visa i would change my esta for then? I haven't read about that before.

[aaron2020 11,651]

Thanks for your reply. The number 1. seems the best idea right now, but could you tell me what visa i would change my esta for then? I haven't read about that before.

You would adjust your status as a VWP participant to a green card holder.

You do not change ESTA for a visa.

[anxukas 0]

The more I read about the progresses of all visas, the more confused and nervous i got.

There are some who say it would be risky to get married on ESTA. I didn't come to the US to get married at all, this is something after reuniting with my bf, he suggested to do.. Crazy how something so romantic and beautiful can be turned into something so stressful.

Could anyone tell me more about how AOS works? What kind of evidence we need to prove we are doing it for right reasons? And would hiring an attorney be necessary?+ how much would it cost?

[NikLR 13,227]

You do not need to hire an attorney.

Follow this guide if you would like to adjust status:

http://www.visajourney.com/content/i130guide2

congrats on your engagement. Do not worry, people adjust their status all the time. You'll be okay.

[Ketsuban 1,034]

Since you didn't intend to settle in the US when you crossed the border and declared your visit to an immigration officer, you are not doing anything illegal by adjusting status now.