Help on which route to take

[njaguar 0]

I am an US citizen in Oklahoma engaged to a girl in Singapore. We plan to get married in March in Singapore. Our goal is to find the fastest way for her to come to US and able to work soon as possible.

Should we wait to get married and file k-1 first or go ahead with our planned marriage in March and file K-3?

Will filing a K-3 instead of CR-1 slow down the entire process?

Can she visit the US during the filing process until the paper work is complete?

Sidenote: She came to US for school in Oklahoma and lived in UK for 2 years. She will need a police certificate for UK, does she need one for Singapore too?

Thanks for any help

Edited January 14, 2015 by njaguar

[Pitaya 2,577]

~Moved from IR1/CR1 Process to What Visa Do I Need Forum~

[C and S 9]

Faster process is K1 (fiancé) compare to Cr1( spouse) . But If you process K1, she cannot work immediately as you need to get married first in the US and file Adjustment of status.

You can get married in SG, file Cr1, then once you get an acceptance letter you can file for K3. but I think K3 needs to Adjust status also.

- Yes she can visit the US while the application is in process, but she needs to go back to SG for Medical and interview

- Yes she needs to get Police clearance in the UK and SG.

[Penguin_ie 5,993]

You'll need to choose between faster (K1 fiance visa) or able to work and travel immediately (CR-1 spousal visa).

In either case, she can visit during the process with an appropriate tourist visa.

She won;t need a police cert for Oklahoma.

Edited January 15, 2015 by Penguin_ie

[NigeriaorBust 4,087]

You can't be married and file a K1, you can try a k3 but they are rare and no faster than a CR1. A Cr1 is taking a year. If she has a method of visiting she can but filing doesn't grant visiting rights.

[njaguar 0]

Faster process is K1 (fiancé) compare to Cr1( spouse) . But If you process K1, she cannot work immediately as you need to get married first in the US and file Adjustment of status.

You can get married in SG, file Cr1, then once you get an acceptance letter you can file for K3. but I think K3 needs to Adjust status also.

- Yes she can visit the US while the application is in process, but she needs to go back to SG for Medical and interview

- Yes she needs to get Police clearance in the UK and SG.

Thank you all for responses

Say we proceed with K1 and not get married in Singapore. When she comes to US to get married, does she get to stay until AOS is complete? Meaning she will be in the US but cannot work.

Whereas it is illegal to come to US on tourist visa and plan to get married, you file a k1 to get married, correct?

Edited January 15, 2015 by njaguar

[j&ana 363]

If you looking at the fastest way to get her over then the K-1 fiancée visa is better, but you can not get marry in Singapore. If you are looking at the fastest way for her to come over and work right away then the IR-1/CR-1 spousal visa is the best. She will be able to work almost right away.The difference in the timing of the 2 visa being approve is not a lot.

If you did the K-1 visa. you will have to be get married in 90 days, which adds more time unless you already have the wedding plan before she comes and have it soon after she arrives. Also there are other stuff that will need to be done before she could work in USA.I do not know all the process for the K-1 visa, as I am doing The IR-1/CR-1 visa. By the time you do all the things require with the K-1 visa for her to start working and be a legal permanent residence. She could be over here On A IR-1/CR-1 visa,be a legal permanent residence and be able to start work right away

Also the IR-1/CR-1 visa is less costly

[C and S 9]

Say we proceed with K1 and not get married in Singapore. When she comes to US to get married, does she get to stay until AOS is complete? Meaning she will be in the US but cannot work.

Whereas it is illegal to come to US on tourist visa and plan to get married, you file a k1 to get married, correct?

- Yes, if you file K1, then you cannot get married in SG, instead you will get married in the US

- when she comes to US on K1 visa, you need to get married then she will adjust status, cant work until she gets the permit to.

- Yes its illegal to come to US on tourist visa and plan to get married.

[njaguar 0]

Thank you all once again

Last question if its okay:

What about an EAD with K-1? She could work then while she is waiting for AOS, right? I'd guess EAD would take a few months to get, but it's better than waiting 6-12 months apart.

Also, can you travel within the US by plane while the AOS is occurring?

thank you all so much for the clarifications

[Penguin_ie 5,993]

EAD takes about 3 months and yes, you can work with it; you can file AP (travel permit) at the same time to travel internationally.

Yes, you can travel within the USA even before you have the EAD/AP card

[NikLR 13,227]

K1 visas are NOT instanteous. They still take from 4-12 months generally. So no matter what, you will be spending time apart.

Thank you all once again

Last question if its okay:

What about an EAD with K-1? She could work then while she is waiting for AOS, right? I'd guess EAD would take a few months to get, but it's better than waiting 6-12 months apart.

Also, can you travel within the US by plane while the AOS is occurring?

thank you all so much for the clarifications

yes you can travel within the US and it's territories while the AOS is processing and before the AP (advance parole) is given. It takes about 90 days to get the EAD and AP after filing for the AOS. The K1 is about $700 more expensive than the CR1.