Some Advice

[inthesky 0]

Hello, me and my girlfriend are wanting to get married and live together in the US. We are unsure how exactly to go about the process e. g. which route to take, so I would be very much grateful for any advise for our case:

Myself (USC) and my girlfriend (Honduran and Spanish citizenship) met in the States when she was getting her Master's degree (via J-1 visa). We are now nearing the end of the home residency requirement of 2 years (ends in August). The fork in the road seems to be whether to request a fiance visa or get married abroad and begin the K-3 process, because we want to see one-another as soon as possible. I am leaning more towards the Spousal visa, as it seems to be the quicker of the two; is this true?

Furthermore, I would like to begin the application as soon as I can, so would I have to wait for the HRR to end before submitting an application, or can I submit earlier? Is there are danger of rejection if I apply before the HRR is through?

Next, I am curious as to how her Spanish citizenship can aid us. As I understand it, a Spanish passport is part of the Visa Waiver program and makes it possible for her to travel to the states without a tourist visa. One scenario I think may be a long-shot is for her to visit the states via the Spanish passport while we are waiting for the documentation to clear. Is this possible? Are there any other instances where the Spanish passport would benefit our situation?

Lastly, Honduras is a very dangerous country, so naturally I if she cannot be with me, I want my girlfriend to be out of the country as soon as the HRR is complete. Her family lives in Panama, and it could serve as an alternative for her in the meantime. I am interested in knowing how this would affect our approval process: should I submit the application while she is in Honduras, or should I wait for her to be in Panama? Would it be detrimental if I were to submit while she was in Honduras and moved to Panama while we wait?

Thank you for reading, we appreciate any and all feedback.

[canadian_wife 1,822]

Forget yourself with the K-3. The spousal visa you'd petition for is the Cr-1 visa. In my opinion, it is the shorter, cheaper, superior visa.

The K-1 fiancé visa is slightly shorter, but a lot more expensive.

See http://www.visajourney.com/content/compare to compare the various visas.

You may send the petition now, but the visa will not be issued until the 2 year HRR is up.

She may visit and only stay as long as she is authorized. Remember, entrance and duration of stay is never a guarantee.

How would she stay in Panama? She may only interview there if she is legally there (not as a tourist).

good luck

[Boggy1974 124]

Hello, me and my girlfriend are wanting to get married and live together in the US. We are unsure how exactly to go about the process e. g. which route to take, so I would be very much grateful for any advise for our case:

Myself (USC) and my girlfriend (Honduran and Spanish citizenship) met in the States when she was getting her Master's degree (via J-1 visa). We are now nearing the end of the home residency requirement of 2 years (ends in August). The fork in the road seems to be whether to request a fiance visa or get married abroad and begin the K-3 process, because we want to see one-another as soon as possible. I am leaning more towards the Spousal visa, as it seems to be the quicker of the two; is this true?

Furthermore, I would like to begin the application as soon as I can, so would I have to wait for the HRR to end before submitting an application, or can I submit earlier? Is there are danger of rejection if I apply before the HRR is through?

Next, I am curious as to how her Spanish citizenship can aid us. As I understand it, a Spanish passport is part of the Visa Waiver program and makes it possible for her to travel to the states without a tourist visa. One scenario I think may be a long-shot is for her to visit the states via the Spanish passport while we are waiting for the documentation to clear. Is this possible? Are there any other instances where the Spanish passport would benefit our situation?

Lastly, Honduras is a very dangerous country, so naturally I if she cannot be with me, I want my girlfriend to be out of the country as soon as the HRR is complete. Her family lives in Panama, and it could serve as an alternative for her in the meantime. I am interested in knowing how this would affect our approval process: should I submit the application while she is in Honduras, or should I wait for her to be in Panama? Would it be detrimental if I were to submit while she was in Honduras and moved to Panama while we wait?

Thank you for reading, we appreciate any and all feedback.

First of all, you will be filing a petition. The I-130 will be the best route under the circumstances you describe.

Secondly, your girlfriend can visit while the I-130 petition is pending.

Thirdly and IMO, the beneficiary being a Spanish Citizen/Honduran will have no impact on the approval of the petition. I don't think one country is looked upon favorably than the other in terms of USCIS' petition adjudication process.

[Ryan H 3,812]

Moved from IR-1/CR-1 Process & Procedures to What Visa Do I Need - Family Based Immigration forum.

[Kaylara 814]

The K1 will get her here considerably faster based on the information that we have today. But that might change in the upcoming months. I would suggest keeping an eye on the self-reported processing times here to make sure that you're using the correct process if the main consideration is the quickness in which the application will be processed. The K1 will also require her to adjust status here in the US, and will be more expensive.