Ongoing questions regarding a complicated scenario

[daniel2013 0]

Firstly my criminal conviction does not fall under the Adam Walsh law, so hopefully that shouldn't become a problem.

Secondly, my parents have an old friend living in the States who is in a very solid financial position and would probably help us by being a sponsor if we asked. They are wealthy, but I believe they are retired and not actually earning over 125% of the poverty level at this point in time, will this be a problem?

I guess my other main question is: based on other peoples experience, is it easier/more likely to be successful to apply for a fiance visa or a spouse visa? I am visiting my fiance in a couple of months and we could quite easily tie the knot on my return to Europe, rather than waiting to do it in the States and then simply apply for the spouse visa.

If that is the case, it seems as though the correct order of this application process would be:

I would fill out a I-130 petition for alien relative form

when we have a visa number,

both myself and our friend (the joint sponsor) would file I-864 affidavit of support forms

Or is it the other way around?

Please correct me if i am wrong. Essentially we would like to be together asap, would this route of applying for a spouse visa mean that we have to wait for the end of the process before she can come here? (assuming its successful!). Would applying for a fiance visa bring us together sooner?

Thanks again,

Daniel.

[daniel2013 0]

Sorry, I forgot to give this new thread some context, so here is a link to my previous conundrum:

http://www.visajourney.com/forums/topic/468980-most-challenging-visa-quiery-to-date-please-help/

[newlyweds2010 208]

I read the prior thread. I see a problem with her crossing from Canada to the US on the visa waiver program. Once you are denied a visa, you cannot use the VWP any more. Did she obtain a new ESTA authorization after being denied the visas and before crossing the border? Did she disclose the two denials?

[lost_at_sea 995]

+1 previous poster.

On other topics, as Darnell said on the other thread, your co-sponsors will work if they have adequate assets.

K1 vs CR-1 - neither is more guaranteed than the other - both depend on your relationship evidence, plus meeting other specific eligibility requirements. Currently, K1 path appears faster end-to-end, but USCIS changes their processing priorities without notice, so couldn't guarantee that will continue to be the case.

In terms of forms / order, you'll find guides for both paths you are considering behind the "guides" link in the main site menu (plus a "which visa do I need?" guide which summarizes the pros/cons of the family based visa options, which may help you decide which is "easier").

The K1 path does not use the I-864 (instead you'll do the I-134) and the 864 will be used during adjustment of status.

Edited December 25, 2013 by lost_at_sea

[Ryan H 3,810]

Moved from IR-1/CR-1 Process & Procedures to What Visa Do I Need - Family Based Immigration; OP is asking about multiple visa types.