Help - Fiance' or Spouse Visa

[lunat16 1]

I am a U.S. citizen engaged to a British citizen. We are trying to figure out the easiest/quickest way to get him here to live with me in the U.S.

If we do the Fiance' Visa process, it's about 6-9 months (from what I understand) and that is only to get him here temporarily to marry. Then I assume once we marry here, he needs to apply for citizenship.

If he just flies here and we marry, can he just stay and file for citizenship (green card) and skip the Visa process? Or do we have to apply for the Spouse Visa, if he flies here and we marry, in order to be legal?

We want to do this properly and legally but as quickly as possible.

Thank you.

[aleful 1,905]

hi

to separate terms, your future husband will become a legal permanent resident, a green card holder

citizenship comes 3 years later

if you file for the fiancé visa K1, yes he will enter the country and you must marry within 90 days and later file the adjustment of status to get the GC

if you marry, then you will go through the spousal visa through consular processing, he will have his interview in his country and the wait is around a year

entering the country with intent to get the GC on a tourist visa or visa waiver is considered immigration fraud

[lunat16 1]

Yes we don't want to do anything illegal or fraudulent. So it seems as if you're saying that the K1 Fiance' Visa is the best bet. Correct?

Fiance' Visa - being about 6-9 months, then marriage

Spousal Visa - being about 1 year

[aleful 1,905]

hi

it all depends on what you both want to do

if you want him to be sooner, it is the K1, but it costs more because of the additional adjustment of status process

the CR1 spousal visa takes longer but he will come with the visa in hand and no other immigration process is needed

[2ndMessiah 184]

You appear to be a bit confused on the process. Your Fiance is a long way away from citizenship.

There are no shortage of guides and FAQ's here and the forum members have pretty much jumped through all the hoops you need.

The process is generally doable by yourself, unless there are some skeletons in the closet of the proposed immigrant.

If going down the fiance path you need to petition for your future spouse. You Need I -129f form. This is downloadable from the USCIS web site. Realistically this is more like 9 - 12 months.

All this does is allow your fiance to enter the US and marry within 90 days. Your now husband will not be entitled to work. You then apply for AOS. Adjustment of Status. Another 3 to 5 months for this. If approved, your husband becomes an LPR. Legal permanent Resident with a two year conditional Green card. At this point he can legally work. Ninety days before that card expires you will apply for ROC. Removal of conditions. Another possible 6-9 month process. If all is good your spouse will have a ten years green card. Citizenship can be applied for about a year after that.

Edited December 20, 2015 by 2ndMessiah

[lunat16 1]

They sure don't make it easy, do they?

There are no skeletons in the closet. I don't expect either of us to run into any legal hurdles.

So if we choose to get married, and go the CR1 Spousal Visa route, after the year's worth of paperwork, interviews, etc., will he then be able to work or still have to apply at that point to be a Legal Permanent Resident?

Edited December 20, 2015 by lunat16

[aleful 1,905]

hi

no, he will enter as a legal permanent resident,

[2ndMessiah 184]

They sure don't make it easy, do they?

There are no skeletons in the closet. I don't expect either of us to run into any legal hurdles.

So if we choose to get married, and go the CR1 Spousal Visa route, after the year's worth of paperwork, interviews, etc., will he then be able to work or still have to apply at that point to be a Legal Permanent Resident?

CR-1. Yes, he comes in with a stamp in his passport (forgotten which one I-55 I think). This is a one year temp greencard until real one comes in the mail.

As to Skeletons. During the medical they will ask him about illegal drug use. He will also require his police record.

[Transborderwife 4,666]

Not to mention the fees. Expect a cr1 medical included to cost you at least 1100.

[Adil & Jeanne 296]

Also check the fees involved / it is $1000 to do the AOS after marriage

for British citizen i would go with the financee visa unless his family wants him to marry in UK

He is not from high risk country and K1 is faster

[Penguin_ie 5,994]

**** Moving from Bringing Family to What Visa do I need forum *****

[Ryan H 3,812]

CR-1. Yes, he comes in with a stamp in his passport (forgotten which one I-55 I think). This is a one year temp greencard until real one comes in the mail.

As to Skeletons. During the medical they will ask him about illegal drug use. He will also require his police record.

The temporary green card is a combination of the visa itself endorsed by a standard CBP entry stamp, not a special stamp in of itself.

[2ndMessiah 184]

The temporary green card is a combination of the visa itself endorsed by a standard CBP entry stamp, not a special stamp in of itself.

Thanks for the correction.

Edited December 21, 2015 by 2ndMessiah