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Mk12

Beginning visa process- fiancé or spouse?

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Hi All,

 

I would like to hear some opinions on my situation, I am new to this subject and am trying to do my research. 

 

I am American and living in Europe. I met my Tunisian boyfriend here through mutual friends and we have been together for over a year. We plan to get married soon, just haven’t had a big official engagement because we don’t know when/how etc we will be able to marry, since I am really hoping to go back to the states within the next year or two. He is willing to come with me but we are not sure how to go about it. 

 

He is not a resident here, he visits as often as he can and I have also been to Tunisia to meet his family. Technically our relationship is “long distance” but between our visits we have spent months together, so we are not a couple who just met online and has never met in person. 

 

Should I just go back home now and try to bring him on a fiancé visa? Or should we get married here and then I can bring him over as my husband? Any ideas which way is faster?

 

Any advice is appreciated. 

 

 

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Filed: K-1 Visa Country:
Timeline

In order to bring a fiancé or a spouse back to the states with you, you need to establish residency back in the states. So you’d have to move back. Fiancé visas are taking 9-12 months and spouse visas 12-14. 

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1 minute ago, TNJ17 said:

In order to bring a fiancé or a spouse back to the states with you, you need to establish residency back in the states. So you’d have to move back. Fiancé visas are taking 9-12 months and spouse visas 12-14. 

Thanks! I knew I would have to move back and get established, that’s no problem. Thanks for confirming what I’ve read before on the potential timeline. 

 

Do you know if he would be allowed to apply for a tourist visa just to be able to visit during this time? I’m sorry if my questions are too elementary, I am just trying to understand how it works. 

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If you're currently living in one of the countries on this list you can also do a Direct Consular Filing following a marriage. That process will likely take weeks as opposed to months.

 

After a similar consideration to yours, my wife and I went down the fiance route. It took long, but it looked like the marriage route would have taken even longer. With the fiance route you more or less have to accept the fact that you'll be getting married at a time of USCIS' choosing, not yours. We did a small city hall gathering for ours, then a proper reception at a later date.

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12 minutes ago, Mk12 said:

Do you know if he would be allowed to apply for a tourist visa just to be able to visit during this time?

He can apply, sure...whether it'll be granted is another matter. The odds for tourist visa approvals for Tunisians are below average; he'll need to show strong ties to his home country and a convincing intent to return. The fact that there'll be a pending petition to immigrate to the US will likely count against him, but doesn't preclude him from visiting altogether.

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22 hours ago, dreru said:

If you're currently living in one of the countries on this list you can also do a Direct Consular Filing following a marriage. That process will likely take weeks as opposed to months.

 

After a similar consideration to yours, my wife and I went down the fiance route. It took long, but it looked like the marriage route would have taken even longer. With the fiance route you more or less have to accept the fact that you'll be getting married at a time of USCIS' choosing, not yours. We did a small city hall gathering for ours, then a proper reception at a later date.

Thank you for the helpful answers. It’s nice to hear it from someone who has been through it.

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Filed: Citizen (apr) Country: Morocco
Timeline

I would recommend the CR-1 over the K-1, personally. The cost is less (overall), there’s not too much difference in wait time, and he would be able to work right away and travel, if need be. With the K-1, there’s the Adjustment of Status needed after the marriage in the US, as well as applying for Advanced Parole & Employment Authorization. 

 

Every relationship and financial situation vary from couple to couple. There is a comparison guide on here, I believe under the guide chart. 

 

Best of luck

01/28/2013 I-130 package sent

01/31/2013 Notice of Action Date After POE
02/01/2013 Received e-mail and text notification of acceptance
11/26/2013 Applied for SS#
02/04/2013 Received hard copy NOA1 (case not found in on-line system) 12/02/2013 ELIS site still states "accepted"
03/12/2013 Transferred to the local office 12/27/2013 received green card
04/10/2013 Case still not found in on-line system
04/15/2013 INFO-PASS appointment

05/01/2013 NOA2 sent petition approved

NVC Stage...of course it has to be complicatedreading.gifrolleyes.gif

05/09/2013 Case received by NVC

05/23/2013 Received case #'s from NVC

05/23/2013 DS-3032 sent from husband's e-mail

06/03/2013 First day I can not access payment portal

06/04/2013 AOS Fee invoiced and payment made

06/04/2013 DS-3032 resent with Supervisor Review

06/05/2013 DS-3032 acceptance e-mail

06/05/2013 AOS Fee shows "PAID"

06/06/2013 AOS package express mailed

06/07/2013 IV bill invoiced and payment made (still waiting on documents from Hubby)

06/08/2013 IV package express mailed

06/25/2013 IV reviewed - Checklist (2 errors, Birth document & date on DS-230)

06/26/2013 Requested supervisor review by e-mail & verbal request for birth document (fingers crossed)

06/27/2013 AOS accepted

06/28/2013 Checklist response sent for corrected DS-230 (I had my husband sign extra's just in-case)

08/02/2013 NVC requested a supervisor review on the checklist item over 20 business day window

08/05/2013 Case Complete!!! kicking.gif

08/27/2013 Interview Assigned

10/30/2013 Interview

11/04/2013 Pick up Passport

11/12/2013 POE @ JFK

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