Fiancé visa or faster way?

[alexpm7 0]

Hello! I was wondering what way would be faster for me and my boyfriend to be able to live in the US.
I'm a US citizen and he's Peruvian but has a tourist visa for a long time and has lived in the US before. Currently we both live in Perú, but I'm moving to the US soon and I we want to go together.
I was thinking of visiting my cousin who lives in the states with my bf and getting married while we're there, and then coming back to Perú and wait for the process so we can be together during that time. My questions are:

Would it be faster if I apply for a petition for him to go to the states with me as my fiancé? (I know that the process can take up to 6 months IF it is approved) 
Would he be able to stay there with me while we wait for the petition to be approved? 

If we get married in the US, then come back to Perú for a few months, and then go back to the US and stay so he can apply for an adjustment of status, would it be faster? 

Thank you in advance!

[geowrian 22,337]

K-1 (fiance visa) is taking ~7-9 months currently. CR-1/IR-1 (spousal) is taking around 12-14 months on average. So the K-1 is faster, but due to having to AOS afterwards, It's also more expensive, more paperwork, and doesn't let you work or travel abroad after entry for about 4 months (assuming you file for AP along with AOS).

 

He can visit while the case is processing. That said, he should be ready to show his ties to return home since CBP tends to be more skeptical of immigrant intent once you file.

20 minutes ago, alexpm7 said:

If we get married in the US, then come back to Perú for a few months, and then go back to the US and stay so he can apply for an adjustment of status, would it be faster?

This would be visa fraud to enter the US on a tourist visa with intent to adjust status. He can enter on a CR-1/IR-1 (no AOS needed afterwards), or on a K-1 (but you can't be married already, obviously).

[KULtoATL 1,551]

If you actually wanna get married in the US, return to Peru and then petition him, you would be petitioning for a spousal visa not fiance visa. Just saying

[fordguy61mi 76]

I believe that using a tourist visa to get married while you're here in considered immigration fraud. They want you to use the K-1 process so they get all their fees and money. A tourist visa is meant for visiting, not marrying.

[MacUK 983]

4 minutes ago, fordguy61mi said:

I believe that using a tourist visa to get married while you're here in considered immigration fraud. They want you to use the K-1 process so they get all their fees and money. A tourist visa is meant for visiting, not marrying.

Using a tourist visa to get married is perfectly fine, using a tourist visa when you plan to get married and stay is fraud.

Then they get the fees and money from the spouse visa

[dentsflogged 352]

1 hour ago, MacUK said:

using a tourist visa when you plan to get married and stay is fraud

I saw a news article the other day saying that people marrying while on a tourist visa and then applying for AOS (as a "legal loophole") is another process that Trump is taking aim at, along with his plans to get rid of the Diversity Visa and E3/other work type visas. 

 

I foresee a huge spike in K1 and CR1 visa applications if he does that.

Edited September 28, 2017 by dentsflogged

[alexpm7 0]

Hi! We're not planning on staying, we want to go visit (stay for a week or 2) a get married while we're there, then come back to Perú. Then, after a few months, we would go back to the US and stay, apply for an AOS. The question is, would this help speed the process? Or should I just do the K1 from here? (Perú) 

[geowrian 22,337]

6 minutes ago, alexpm7 said:

Hi! We're not planning on staying, we want to go visit (stay for a week or 2) a get married while we're there, then come back to Perú. Then, after a few months, we would go back to the US and stay, apply for an AOS. The question is, would this help speed the process? Or should I just do the K1 from here? (Perú) 

You can file for a K-1, wait the ~7-9 months, then enter on that to marry & then file AOS.

Or you can marry when you visit (leaving afterwards), file the I-130 for a CR-1 visa, and wait the ~12-14 months for that.

You cannot enter on the tourist visa to AOS.

 

You can visit in either situation while the forms are processing.

Edited September 28, 2017 by geowrian

[MacUK 983]

8 hours ago, alexpm7 said:

Then, after a few months, we would go back to the US and stay, apply for an AOS. 

 

That's the bit that's fraud

[MacUK 983]

8 hours ago, dentsflogged said:

I saw a news article the other day saying that people marrying while on a tourist visa and then applying for AOS (as a "legal loophole") is another process that Trump is taking aim at, along with his plans to get rid of the Diversity Visa and E3/other work type visas. 

 

I foresee a huge spike in K1 and CR1 visa applications if he does that.

 

As much as I'd personally like to see AoS from tourist visas disappear I can't see it happening.

 

What Mr. Trump says he'll do and what Mr. Trump actually does can be very different things

[alexpm7 0]

Thank you everyone, I'll be starting the K1 Visa process soon  wish me luck!