Advice needed Marriage and what Visa

[EnzoRo 0]

Hey all,

Me and my fiance feel completely lost in all the visa stuff and hope for some advice. Any help is greatly appreciated!

Some background info: i came to the USA on 30-okt-16 for business reasons (temporary ESTA visa). Completely unplanned i met an amazing girl and it was love at first sight. We have been living together for 1.5 months now. We love it and want to take the next step to be able stay together. After a good discussion where we both tried to convince each other to move to our own country. The outcome ended with me making the move to the USA. ( I guess the girl always wins ^^).

We had the idea of getting married this week ( i have to move back home next week). I would then return home to quit my job and Ty up all my loos ends before moving back to the USA 2-3months later. Sadly enough when i look up immigration stuff this doesn't seem to be that easy. As such i was wondering what the best road would be for us to take. I came up with the following options. Please let me know if i said something incorrect. if there are other options or what option you advice:

-Choice one: Marry this week. go back home next week and start I-130 process for IR-1/CR-1. This means we would be away from each other for 6 to 12 months? benefit: once its cleared i can start looking for a job when i arrive? and i can continue to work back home in the meantime. downside: it is a very long time away from each other :s

-Choice two: do not marry now. go back home and Apply for a k1-visa. Estimate process time is 4-6 months. We will be able to marry then. but do i have to file for a i-130 after the marriage? does this mean i will not be able to work for another 6-12 months? What about property owning? are we able to buy a house righter after we get married?

-Choice three: do not marry now. Ty up lose ends for 2-3 months. and then come back on a tourist visa and get married. This seems to be the option that allows us to be together the most. But this also seems to me a very risky way? and what about working and buying something together? Would it require another 6 to 12 months extra to process i-130?

Thank you in advance!

Enzo & Monica

[Cheezees 1,514]

Choice 1: doable

Choice 2: doable

Choice 3: immigration/visa fraud

[Ben&Zian 4,398]

Choice 1: doable

Choice 2: doable

Choice 3: immigration/visa fraud

This

But yes, as to which route you want to take, K-1 or CR-1, that is only a choice you and your SO can make.

Each has it's own pros and cons as you are already aware of. So this is something both of you need to decide.

[Anitafeliz 1,133]

don't do 3

Do K1 it seems to be going pretty quick right now.

Edited November 10, 2016 by Anitafeliz

[Jojo92122 1,924]

1. 6-12 months on average. You can work immediately after entering the US on your spousal immigrant visa.

2. As a K-1, you file the I-485. You would not file an I-130 with a K-1 if you marry within 90 days. In about 90 days after you marry and file, you will get work authorization. So, you will be out of work for at least 90 days.

3. It's immigration fraud to attempt to enter the US on a non-immigrant visitor visa with the intent to immigrate.

Property ownership has nothing to do with immigration. We do not have citizenship/status restrictions on property ownership. You and your spouse can buy whatever you want when you want. No one from the government is going to ask for status when you buy property. The mortgage lender as a private party may want you to have a green card in order to issue a loan.

[JFH 12,189]

*-*-*moved from "CR-1 spouse visa process and procedures" to "what visa do I need" as OP is asking for help with his options*~*~*

[Boiler 45,399]

[EnzoRo 0]

1. 6-12 months on average. You can work immediately after entering the US on your spousal immigrant visa.

2. As a K-1, you file the I-485. You would not file an I-130 with a K-1 if you marry within 90 days. In about 90 days after you marry and file, you will get work authorization. So, you will be out of work for at least 90 days.

3. It's immigration fraud to attempt to enter the US on a non-immigrant visitor visa with the intent to immigrate.

Property ownership has nothing to do with immigration. We do not have citizenship/status restrictions on property ownership. You and your spouse can buy whatever you want when you want. No one from the government is going to ask for status when you buy property. The mortgage lender as a private party may want you to have a green card in order to issue a loan.

Thanks a lot for everybody's advice and Jojo for adding the additional information. It really comes down to option 1 and 2. what a difficult choice

[KierenHby 899]

Thanks a lot for everybody's advice and Jojo for adding the additional information. It really comes down to option 1 and 2. what a difficult choice

Choice 1 ~12 mos to get to the US but you begin to start working right away, and overall cheaper.

Choice 2 ~6 mos, you two get to be together sooner, but more fees, and thus more expensive.

[NikLR 13,227]

Go through all the pros and cons. Figure out what is best for you as a couple. Remember you can still visit while either visa is ongoing. So if you decide to get married while doing the spousal visa, you can visit and spend time together both here and in Belgium. The fees are about to go up though, so the K1 is about to get a lot more expensive.

[EnzoRo 0]

Thanks a lot all!

k1 seems like the better option to be able to be together the quickest. I have one worry though. As we have only been seeing each other for 1.5 months. Would this give any problems when we apply for a K1 visa next week? As proof of our relationship is only very limited if we start the process now.

[IslandQueen 45]

Thanks a lot all!

k1 seems like the better option to be able to be together the quickest. I have one worry though. As we have only been seeing each other for 1.5 months. Would this give any problems when we apply for a K1 visa next week? As proof of our relationship is only very limited if we start the process now.

From October 30 to today (November 11) seems like it's only 13 days though... not 1.5 months that you refer to in you initial post and the one above...

Edited November 11, 2016 by OneD

[armenino15 6]

The biggest differences between the Spousal visa Fiancée visa are the following.

1. Spousal Visa: When you get approved for the spousal visa, you automatically get permanent residency (Green Card) This means that as soon as you come to the U.S you can apply for your SSN number and begin working. Also you avoid having to pay for two different processes like the K1 visa.
2. Fiancée Vis: The K1 visa has a bit of a faster processing time but once you come in to the U.S you are not allowed to work or even leave until you have gotten married (within 90 days of entering the U.S) and after you have again gathered evidence of your marriage and apply for an Adjustment of Status (AOS). I would go and check the Immigration Timelines tab at the top and see how long both are taking right now based on other people in the world and specifically in your country.

To sum it up, the K1 has an initial quicker processing time than the CR-1 in terms of coming to the US however in the long run its actually longer since you have to enter the US get married and then submit another case and wait until you receive your work authorization and then your permanent residency. Also keep in mind the Application fees when considering the fact that you need to apply for two different cases with the K1 visa to get your permanent residency as apposed to a one time process and fees associated with the CR-1.

Also I don't believe that there is a problem with you visiting your fiancée/wife while your case is being processed.

In the end its your decision to make based a lot of varying factors like moving, job, separation from your fiancée etc.

[Russ&Caro 1,549]

A legal 3rd option is to simply marry in the USA, and adjust your status. As for tieing up loose ends in your home country, you would have to have someone else do that for you, or wait until you get Advanced Parole and then return at that time. With this option, you don't have to be apart from your spouse, and it isn't fraud.

[NikLR 13,227]

A legal 3rd option is to simply marry in the USA, and adjust your status. As for tieing up loose ends in your home country, you would have to have someone else do that for you, or wait until you get Advanced Parole and then return at that time. With this option, you don't have to be apart from your spouse, and it isn't fraud.

No this isn't a legal option, the OP is NOT CURRENTLY IN THE USA.