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Filed: K-1 Visa Country: Philippines
Timeline

Can anyone give us better advise what visa to get to US?

 

Me and my fiance still gets to choose between fiance visa or spousal visa. We were told that fiance visa may have still problems when I get to US and the green card only lasts for 2 years then have to renew again. However, spousal visa that means we get to marry in my place (Philippines) but green card will have no problem when I get to US. My fiance lives in Noth Carolina. Any good advise please?

 

Appreciate you help.

 

Thanks

Gracey

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Even if you enter with a CR-1 spousal visa, you will only be granted a conditional green card which still requires removal of conditions same like a K-1 visa holder would have to go through after being granted a conditional green card upon approval of his/her adjustment of status.

 

K-1 takes 6-8 months till visa in hand. CR-1 takes twice as much time till visa is in hand.

 

K-1 requires EAD to work. CR-1 can work immediately upon entry.

 

Do you want a visa that allows you to be together sooner or be able to work sooner upon entry?

For my I-129F, K-1, AOS, EAD, AP and ROC detailed timelines, please refer to my timeline page :)

ROC filed on December 1, 2020, assigned to SRC, approved within 106 days on February 18, 2021.

My sincerest gratitude to all VJers, especially the late geowrian.

 

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Filed: Other Country: Philippines
Timeline

In addition to the the above...

  K-1 Visa (fiancee visa) -  Faster to get to USA but can not have a ceremony in the Philippines with your family...  Once arrive in USA you have 90 days to get married... only AFTER you are married can you apply for Adjustment of status to get your green card.  At the time you apply you can file for EAD and Advanced Parole card at the same time.  EAD and AP card let you work and travel outside of the USA.  So if you come on K-1 you can expect that you won't be able to work or leave the USA for 3-7 months depending on timing of the marriage and how long the EAD and AP actually takes place.  Only you know if this would be a problem..  

  Spousal Visa -  You get legally married in the Philippines (or anywhere else you might choose in the World) and then apply for the Visa 12 to 18 months later you get the VISA if all goes well but when you enter the USA as stated above you can work and travel outside the USA immediately.  You get your 2 Year Green card in the mail after arrival but the entry stamp in your passport allows work and travel.  

--

Another consideration - The K-1 is a little more expensive as you have to apply for Adjustment of status to get your greencard and there is extra paperwork.   

On the other side there are some unique challenges to overcome for a foreigner to marry in the Philippines

-

Only you and your future husband can decide which visa is right for you based on the circumstances and how quickly you want to be together...  

-

Oh there is ONE more option.....   if you are for some reason in no hurry to enter the USA then you have the option of getting married and then waiting for 2 years before applying for the spousal visa.   If you do that then when you enter you get the 10 year greencard instead of a 2 year conditional.   I wouldn't recommend that as you would then be apart for 2 years + but I mention it for completeness.

-

 

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  • 3 weeks later...
  • 2 weeks later...
Filed: Citizen (apr) Country: Canada
Timeline

~~Moved to What Visa Do I Need, from General Polls - As the OP is trying to understand her options.~~

Spoiler

Met Playing Everquest in 2005
Engaged 9-15-2006
K-1 & 4 K-2'S
Filed 05-09-07
Interview 03-12-08
Visa received 04-21-08
Entry 05-06-08
Married 06-21-08
AOS X5
Filed 07-08-08
Cards Received01-22-09
Roc X5
Filed 10-17-10
Cards Received02-22-11
Citizenship
Filed 10-17-11
Interview 01-12-12
Oath 06-29-12

Citizenship for older 2 boys

Filed 03/08/2014

NOA/fee waiver 03/19/2014

Biometrics 04/15/14

Interview 05/29/14

In line for Oath 06/20/14

Oath 09/19/2014 We are all done! All USC no more USCIS

 

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Filed: Citizen (apr) Country: Russia
Timeline
On 8/28/2017 at 4:57 AM, graceynget said:

Can anyone give us better advise what visa to get to US?

 

Me and my fiance still gets to choose between fiance visa or spousal visa. We were told that fiance visa may have still problems when I get to US and the green card only lasts for 2 years then have to renew again. However, spousal visa that means we get to marry in my place (Philippines) but green card will have no problem when I get to US. My fiance lives in Noth Carolina. Any good advise please?

 

Appreciate you help.

 

Thanks

Gracey

As @KULtoATL stated, even with a CR1 your GC would still be conditional.  Anyone receiving a GC based on marriage that has not reached a two year anniversary will get a two year conditional GC that will require the Removal of Conditions (ROC) stage to convert it to a 10 year GC.  As already stated you have two choices, the CR1 is generally considered superior as it is less expensive and the spouse enters with the ability to work and travel internationally almost immediately, the K1 takes a little less time, but you have to go through the relatively expensive AOS stage after marriage.

 

Good Luck!

Visa Received : 2014-04-04 (K1 - see timeline for details)

US Entry : 2014-09-12

POE: Detroit

Marriage : 2014-09-27

I-765 Approved: 2015-01-09

I-485 Interview: 2015-03-11

I-485 Approved: 2015-03-13

Green Card Received: 2015-03-24 Yeah!!!

I-751 ROC Submitted: 2016-12-20

I-751 NOA Received:  2016-12-29

I-751 Biometrics Appt.:  2017-01-26

I-751 Interview:  2018-04-10

I-751 Approved:  2018-05-04

N400 Filed:  2018-01-13

N400 Biometrics:  2018-02-22

N400 Interview:  2018-04-10

N400 Approved:  2018-04-10

Oath Ceremony:  2018-06-11 - DONE!!!!!!!

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  • 2 months later...
Filed: K-1 Visa Country: Philippines
Timeline

Thabk you everyone. We are doing fiance visa.. curious as im a freelancer does it needed to input in the form? Does my job description needed working as freelancer of no specific?

 

Thanks

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Filed: K-1 Visa Country: Philippines
Timeline

By the way me as the beneficiary.. my fiance as petitioner already put his details just curious about my side and im only working as freelancer..curious then if its necessary or input "freelancer" could be fine

 

Thanks

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Filed: AOS (apr) Country: Philippines
Timeline
43 minutes ago, graceynget said:

By the way me as the beneficiary.. my fiance as petitioner already put his details just curious about my side and im only working as freelancer..curious then if its necessary or input "freelancer" could be fine

 

Thanks

Freelance what?

YMMV

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