Best option for same sex marriage?

[Pininfarina 74]

My partner and I live in Sweden and been for the last 5 years. He an American citizen me Swedish.

He has been offered a job in the US and we have been intending to marry either here in Sweden or in the USA. I'd like to get to work ASAP while over there. Before making quick decisions I'd like to ask you the experts.

Should we marry in Sweden or US for fastest process?

Which visa would you experts recommend to apply for to speed up the process and ease time apart?

[Penguin_ie 5,994]

***** Moving from K1 fiance visa to What Visa do I Need forum ******

Your two aims- working in the USA and a fast process) are at odds, I am afraid. The K1 fiance visa is currently much faster than the CR-1 spousal visa process; the K1 takes 5-6 months only. However, it is more expensive, and you cannot work in the USA for about 3 months after marriage. The CR-1 visa means you get a greencard on arrival, and can work and travel right away, but it takes about a year or a bit more (though there is anectodal evidence that if filing abroad, it goes a bit faster).

[EM_Vandaveer 2,408]

I'm not sure about Swedish laws: does same-sex marriage count as actual marriage or is it like a civil partnership? If the latter, that won't work for US immigration. If the former, you are good to go.

[Pininfarina 74]

***** Moving from K1 fiance visa to What Visa do I Need forum ******

Your two aims- working in the USA and a fast process) are at odds, I am afraid. The K1 fiance visa is currently much faster than the CR-1 spousal visa process; the K1 takes 5-6 months only. However, it is more expensive, and you cannot work in the USA for about 3 months after marriage. The CR-1 visa means you get a greencard on arrival, and can work and travel right away, but it takes about a year or a bit more (though there is anectodal evidence that if filing abroad, it goes a bit faster).

K1 it is then. Would you recommend applying for I-130 or I-129f?

Should we wait to get married in the US or get married in Sweden (which recognize same sex marriage) to speed up process?

[Penguin_ie 5,994]

You missunderstand. The K1 is a fiance visa. If you want this, you MUST file the I-129F, and you MUST get married in the USA after you get the visa.

The CR-1 is the spousal visa; for that, you'd file the I-130, and you must be married before filing (usually that means the wedding will be in Sweden, though you could get married on the VWP/ a tourist visa in the USA as long as you return to Sweden after your time as a tourist is up.

[javadown2 308]

Sounds like you should read up on the different Visa's, browse the guides and try to research maybe?

[Sukie 1,463]

You have both options available to you (K-1 or CR-1). You have to decide which is more important - speed and expense (K-1) vs. ability to work right away and time apart (CR-1).

We are a same-sex couple, and went the CR-1 route. Australia is a VWP country - so my spouse could still visit me several times during the year-long wait for approval. You probably have that option - but it will mean you are apart for some time during the process. I feel that getting married before applying gives you more credibility as a couple, but that is my opinion.

It does not matter if you marry in Sweden or the US, but if you DO marry, you are locked into the CR-1.

Best of luck to you!

Sukie in NY

[Pininfarina 74]

Thank you all for the replies. We really appreciate it.

Now we have to think through which route to choose.