FIANCE or Spouse VISA???

[AussieGal67 1]

Hi I’m Australian with an American Fiancé. What is the cheapest and fastest way to be together?

 I’m working at the moment and want to save as much before I move. Planning to marry by September though. But I need to let work know about my plans.

[Khallaf 650]

17 minutes ago, AussieGal67 said:

Hi I’m Australian with an American Fiancé. What is the cheapest and fastest way to be together?

 I’m working at the moment and want to save as much before I move. Planning to marry by September though. But I need to let work know about my plans.

well, the K1 is taking 6-9 months to process, it is a bit more expensive but not a lot more to do fiance visa than spouse visa, however the CR1 visa or I-130 is taking 12-14 months and could be a little less expensive.

 

If you are looking to Married by September need to start the process of the K1 or I-129F application and getting things together now if you want to Marry inside the USA.

 

[AussieGal67 1]

That’s great advise... in the meantime can I visit my fiancé while waiting for approval?

[Illiria 980]

Don’t book anything for a September wedding, lots of things can happen to delay a obtaining the k1 visa by September. 

 

K1 visa is quicker but more expensive in long run as once you are in the us you have to then apply for the green card. So even if the initial visa is comparable in price the process afterwards to get the green card adds to the cost considerably. Additionally you can’t work or travel until you have EAD and AP or the green card. 

 

Spouse visa is cheaper overall but takes longer. Benefit is you can work and travel as soon as you get to the us on the visa. 

Edited January 23, 2018 by Illiria
Clarity

[Khallaf 650]

8 minutes ago, AussieGal67 said:

That’s great advise... in the meantime can I visit my fiancé while waiting for approval?

now that I can't answer some have been able to do visit while they wait for the pending case on approval others have been denied the visit, when their is a pending case there is the chance to stay get married and then do AOS so I really can't answer that I wish I could.

 

I know I got married in Jan 2017 in Egypt, I am a USC and I have been waiting to be reunited with my spouse in the mean time I can travel to Egypt but he can't come here.

[AussieGal67 1]

Oh my... I guess I’ll just make the most of my next visit.

congratulations!

[Illiria 980]

3 minutes ago, AussieGal67 said:

Oh my... I guess I’ll just make the most of my next visit.

congratulations!

Using a tourist visa or the visa waiver program with the intent to adjust status is fraud - don’t try it as if when entering they could revoke your visa and send you back. If you lie and they catch you they could ban you for life for a material misrepresentation.  

Edited January 23, 2018 by Illiria

[AussieGal67 1]

Can I visit while waiting for spouse visa to be approved 

[Khallaf 650]

2 minutes ago, Illiria said:

Using a tourist visa or the visa waiver program with the intent to adjust status is fraud - don’t try it as if when entering they could revoke your visa and send you back. If you lie and they catch you they could ban you for life for a material misrepresentation.  

I should have clarified my last statement better, meaning that if there is a pending case they will deny entry because people try and stay get married and do AOS I am sorry for not making it clear enough

[Illiria 980]

5 minutes ago, Khallaf said:

I should have clarified my last statement better, meaning that if there is a pending case they will deny entry because people try and stay get married and do AOS I am sorry for not making it clear enough

Yeah it did read like you were instructing them to use tourist visa to AOS. But no worries, thank you for clarifying

 

8 minutes ago, AussieGal67 said:

Can I visit while waiting for spouse visa to be approved 

Be prepared to show evidence of having to return home, and be prepared that they might send you back if they don’t believe you won’t try and stay. 

Edited January 24, 2018 by Illiria
Civility, my apologies for tone

[JFH 12,190]

*~*~*moved from "K-1 fiancé visa process and procedures" to "what visa do I need?" as OP is still considering the options*~*~*

 

 

Looking at current timescales, it's unlikely that a K-1 will be approved in time for a September wedding. If you definitely want a September wedding or want to marry anywhere outside the USA, it has to be a CR-1 spouse visa (filed after marriage). Make sure you read ALL the pros and cons of each visa. The quickest way isn't always the best way. A few extra months apart when you have decades ahead of you doesn't kill anyone. We survived and I can guarantee you we don't love each other any less than you and your fiancé do.

 

Personally I cannot see any advantage that a K-1 has nowadays for a working person from a VWP country. It's not even that much quicker these days. All it is really is an overpriced tourist visa that lets you stay if you marry within a timescale dictated by the government. It also means you cannot work, cannot travel, in some states you cannot drive, for many moths. You have no official status for several months. Not a situation I want to be in with the current administration. As you have access to the VWP, you can visit during the wait relatively easily. I continued to visit whilst waiting for my case to be completed. There's a lot to be said for being a permanent resident from day 1 (which you are with a spouse visa). 

[IslandMate714 9]

Thank you for asking the question and to all of you that responded! This was my EXACT question and from this thread, I know we are making the right choice!! My fiance is concerned with not being able to work when he gets here. So I know even though the CR1 will take longer it sounds like the benefits of it are far better when he gets to the us. May I ask a question? Will there be any additional fees to do the AOS or is that included in the initial CR1 paperwork? 

[Fmert001 127]

7 hours ago, IslandMate714 said:

no All the fees are paid during the process there is no AOS for the CR1

[LionessDeon 2,060]

http://www.visajourney.com/content/compare

[IslandMate714 9]

I have read that visa compare content so much I think I am making it more difficult than it needs to be. I have also read that it could take up to 5 years before my spouse is allowed in the us.