Immigrating my fiancee through ESTA route or K1 route?

[SapphireCynder 0]

Okay, so my fiancee and I have been looking into avenues to take in terms of getting him out here with me in the US. He is currently a UK citizen and visited me back in January through March on an ESTA. We are looking into him coming out here sometime in Novemeber to visit on an ESTA, but we are actively looking into avenues to take to get him out here for good. We are looking into getting him out here for 2 weeks, but if an AOS route is possible, we are gonna try another 3 month stay. I have read on message boards that it is possible to get married and apply for an AOS while he is here, but that it would be difficult to obtain. I understand that if he admits to eloping once he is here in the US and apply for an AOS to the border official that it could deny him entry into the US and the possibility for good, but we are desperate to have him here once and for all. He could get a letter from his current work as well possibly a reference letter from his current home expecting him back on XX day if that would help. Could I get some advice on this? How much would the AOS route cost as opposed to the K1 route? What forms would I have to file? Would I have to prove my income in the AOS route? If so, how much would I have to make living in Virginia as a single household? I currently live with my family and they are all for him moving in with us, would that count as household size or is it based on my taxes? Could I get a rough estimate of the costs for these? I have done brief research on this, but I am getting quite confused because every situation is different. I appreciate all the advice I can get on this, we are both fairly young and inexperieced in this subject.

[Roel 7,192]

Just reading the title suggest you're considering the visa fraud. Triggered.

 

If your fiancee is NOT IN THE USA at the moment (and you already consider marrying and adjusting) then do NOT do it. It's immigration fraud. It's also horribly unfair towards people that wait their time through the legal K1 route.

 

File for K1. Yes, you have to prove that you can support him financialy of get the co-sponsor. You ahve to make 125% over the poverty line to sponsor someone.

 

No one here will advise you on the marrying and adjusting "through ESTA" (since he's not in the US right now). It's against forum rules. Sorry, but immigration doesn't care that you're desperate to be together. It's not an easy or fast process - though K1 takes only about 6- 8 months.

[SapphireCynder 0]

Thank you, Roel and Dee elle for your advice.

 

I did not intend to "trigger" anyone on this subject. I was merely asking just to obtain some information, as I have mentioned in my original post I am inexperienced in this subject. The last thing I want to do is to commit federal fraud or to put those obtaining citizenship through the K1 route in a longer que, let alone break any regulations on this site.

 

I will do some research into the K1 route as I have been over the past couple months.

 

My next question is, if he does enter on an ESTA for the 3 months, can we put the K1 visa aplication in while he is here?

[NikLR 13,227]

14 minutes ago, SapphireCynder said:

Thank you, Roel and Dee elle for your advice.

 

I did not intend to "trigger" anyone on this subject. I was merely asking just to obtain some information, as I have mentioned in my original post I am inexperienced in this subject. The last thing I want to do is to commit federal fraud or to put those obtaining citizenship through the K1 route in a longer que, let alone break any regulations on this site.

 

I will do some research into the K1 route as I have been over the past couple months.

 

My next question is, if he does enter on an ESTA for the 3 months, can we put the K1 visa aplication in while he is here?

Citizenship is a ways off.  A k1 allows a foreign beneficiary  to enter the USA and marry their fiance. They may then stay and adjust their status to obtain permanent residency (a green card.)

 

Yes your fiance may be in the USA when you file the I-129F.  

[f f 725]

17 minutes ago, SapphireCynder said:

My next question is, if he does enter on an ESTA for the 3 months, can we put the K1 visa aplication in while he is here?

yes

[NikLR 13,227]

~~moved to what visa do I need from US citizenship progress reports~~

[Boiler 45,541]

VWP is 90 days.

[f f 725]

3 hours ago, Boiler said:

VWP is 90 days.

this is a very important difference from 3 months since 90 days aND 5 minutes means he overstayed and vwp is no longer available.

[DrEllaNJ 288]

you can elope while he's here, and file a 130 for the CR-1 visa. He'll need to go back before his 90 days are up. It will take longer than the K1 but there are some important advantages, mostly that he could start working right away after entry, plus it's cheaper. Read up on the differences/(dis)advantages of K1 vs CR1.

[yuna628 9,677]

Here are your legal options:

 

1) Study up on the K1 process, fill out the paperwork while he's visiting you, and have him return home. Follow the process.

2) Get married while in the US, have him return home, and file for a spousal visa.

Do not attempt fraud or navigating around the system.

 

Both good legal options that don't commit fraud. It also gives both of you time to save up money and him to prepare his entire life of moving. It's a big move you know, and once he's moved to the US (especially on the K1) he'll need to stay put for a while until he has authorization.

 

For a K1 - you apply, wait, get approved (if all is good), wait a bit more, have a medical and interview, get visa. It'll take about 6 months, maybe a bit more depending on circumstances. Once he has his visa, he enters, marries you - and then you are allowed to file for AOS. The end result of AOS is a green card. Along with filing for AOS, you may file for a temporary work and travel permit that should arrive in about 90-120 days. This gives him authorization to work or travel without issues while waiting for the green card (that may take up to a year). You must prove sponsorship and financials for each step - both for the K1 and for AOS. Co sponsors and join sponsorship is allowed. The rest of your financial questions will entirely be tax related. Are you claimed on someone else's taxes? Do you claim anyone else on yours?

 

Me and my husband took the K1 route. We live with my family and used a cosponsor for the process. My cosponsor also lives with us but has no dependents. For K1 and London specific cases - the London embassy has been known to accept up to 100%, they may also accept self-sponsorship if they have significant savings. For the AOS process - 125% must be met - no exceptions.

 

Other things to consider: Health insurance. He'll be eligible to obtain it, so think about that expense in the background. He will NOT be eligible to work right away with a K1 visa, but he would be eligible to do so if you went the spousal route. So consider every option available carefully. Read up on the guides here, they are very helpful.

[caliliving 606]

You need to do a k1 fiance visa or cr1

Travelling w his life through customs will be a huge red flag! He can visit during cr1 and he will have a green card upon entry. K1 is shorter. It u have to wait in the USA 6.months before u can work. 

[NYCruiser 423]

15 hours ago, SapphireCynder said:

Okay, so my fiancee and I have been looking into avenues to take in terms of getting him out here with me in the US. He is currently a UK citizen and visited me back in January through March on an ESTA. We are looking into him coming out here sometime in Novemeber to visit on an ESTA, but we are actively looking into avenues to take to get him out here for good. We are looking into getting him out here for 2 weeks, but if an AOS route is possible, we are gonna try another 3 month stay. I have read on message boards that it is possible to get married and apply for an AOS while he is here, but that it would be difficult to obtain. I understand that if he admits to eloping once he is here in the US and apply for an AOS to the border official that it could deny him entry into the US and the possibility for good, but we are desperate to have him here once and for all. He could get a letter from his current work as well possibly a reference letter from his current home expecting him back on XX day if that would help. Could I get some advice on this? How much would the AOS route cost as opposed to the K1 route? What forms would I have to file? Would I have to prove my income in the AOS route? If so, how much would I have to make living in Virginia as a single household? I currently live with my family and they are all for him moving in with us, would that count as household size or is it based on my taxes? Could I get a rough estimate of the costs for these? I have done brief research on this, but I am getting quite confused because every situation is different. I appreciate all the advice I can get on this, we are both fairly young and inexperieced in this subject.

What you are proposing is illegal and a fraud. Please reconsider just applying for a K 1. US Is a low fraud Embassy. He should be here by March 2018 at the latest if all goes well.

[Diane and Chris 651]

19 hours ago, SapphireCynder said:

My next question is, if he does enter on an ESTA for the 3 months, can we put the K1 visa aplication in while he is here?

You definitely can. My fiancé came to visit me last year and we filed our K-1 application while he was here. He stayed for 3 months on his ESTA.  Five months after he returned to Switzerland, everything was final and he came here on his K-1 for good 😊. It was a long wait, but his visit definitely helped. K-1 sounds like a good thing for you two. Best of luck!