Plain and Simple Question: Can he remain here after marriage?

[caitlin1447 0]

Hi everyone,

I'm the American that will eventually be petitioning for my English boyfriend to come overseas to live with me! I don't want to mess around with marrying, then having to be apart. Is utilizing the Fiancee visa the best way to get married (within the 90 days) and have him remain here until he gets a green card or becomes a permanent resident?

I have been researching visas for over a year (just here and there, no wedding until I'm closer to graduating) and I get extremely lost in all the legal jargon. This is not my area of expertise at all!

[GurkenSalat 48]

As far as I know, the K-1 visa is the faster way to bring him here, then you get married and he applies for Adjustment of Status (AOS) while in the US. You could also marry and apply for IR-1/CR-1, but I believe that takes longer (1 year + in a lot of cases). When that is granted, he actually will have a green card, so he can start working as soon as he comes to the US.

Oh, but if you do not want to marry and then be apart, then the K-1 is your only option.

[Bjorn&lyne 20]

K1 is typically faster, easier and cheaper but needs to file for adjustment of status within 90 days of arrival, and also work authorization and advance parole if you so choose, which then adds more time and money and complications, assuming u actually get married within 90 days of arrival. On K1 only, you cannot travel outside the US or work. You need additional authorizations for those, which you can file along with the AoS application, but that takes time to get. K3 visa is slower, more costly and more complicated but you get green card before entering the US, meaning no need to worry about the 90 day timeline to marry and file for AoS, advance parole or work authorization, as you can travel and work as you please from day one in the US. Ultimately you need to decide what is best for you as you have two clear options with different timelines and processes. Since you state you do not want to mess around marrying then be apart, the K1 appears as your best option. You will not marry but will be apart, but the processing is typically faster than the K3.

Edited January 25, 2015 by Bjorn&lyne

[apple21 953]

Hi everyone,

I'm the American that will eventually be petitioning for my English boyfriend to come overseas to live with me! I don't want to mess around with marrying, then having to be apart. Is utilizing the Fiancee visa the best way to get married (within the 90 days) and have him remain here until he gets a green card or becomes a permanent resident?

I have been researching visas for over a year (just here and there, no wedding until I'm closer to graduating) and I get extremely lost in all the legal jargon. This is not my area of expertise at all!

Plain and simple answer: Yes.

[Pheebs1201 269]

Oh, but if you do not want to marry and then be apart, then the K-1 is your only option.

Unless they are happy to move somewhere that allows DCF and take that route but in terms of the US, I agree, K1 is the only option for that scenario.

[Pitaya 2,577]

~Moved from K1 Process to What Visa Do I Need Forum~

[NikLR 13,227]

K1 is typically faster, easier and cheaper but needs to file for adjustment of status within 90 days of arrival, and also work authorization and advance parole if you so choose, which then adds more time and money and complications, assuming u actually get married within 90 days of arrival. On K1 only, you cannot travel outside the US or work. You need additional authorizations for those, which you can file along with the AoS application, but that takes time to get. K3 visa is slower, more costly and more complicated but you get green card before entering the US, meaning no need to worry about the 90 day timeline to marry and file for AoS, advance parole or work authorization, as you can travel and work as you please from day one in the US. Ultimately you need to decide what is best for you as you have two clear options with different timelines and processes. Since you state you do not want to mess around marrying then be apart, the K1 appears as your best option. You will not marry but will be apart, but the processing is typically faster than the K3.

No he does NOT need to file the AOS within 90 days. They merely need to be married within the 90 days. If they are not then an i-130 would also need to be filed with the AOS.

You do not get a green card upon arrival with a K3. The K3 also requires an adjustment of status but you have 2 years in which to do so.

You never get a green card before arriving in the USA initially. However the IR1/CR1 visa does become a temporary green card valid for 1 year upon POE and stamp endorsememt by the CBP.

Edited January 25, 2015 by NLR

[Cathi 5,755]

K1 is typically faster, easier and cheaper but needs to file for adjustment of status within 90 days of arrival, and also work authorization and advance parole if you so choose, which then adds more time and money and complications, assuming u actually get married within 90 days of arrival. On K1 only, you cannot travel outside the US or work. You need additional authorizations for those, which you can file along with the AoS application, but that takes time to get. K3 visa is slower, more costly and more complicated but you get green card before entering the US, meaning no need to worry about the 90 day timeline to marry and file for AoS, advance parole or work authorization, as you can travel and work as you please from day one in the US. Ultimately you need to decide what is best for you as you have two clear options with different timelines and processes. Since you state you do not want to mess around marrying then be apart, the K1 appears as your best option. You will not marry but will be apart, but the processing is typically faster than the K3.

A K-1 is by far more expensive in the end