K1 or CR1 Visa??

[kdoniz 0]

Hi,

I'm a Hungarian citizen currently living in France with my fiance who is dual American/French citizen. He was born in the US and lived there for 24 years. Since 2015 we live together in France. We would like to move back to the US together, however I don't know which form of visa would be most suitable for our situation. We have known each other for 5 years, have been living together since 2 years. 
In our case would it be the fastest to file for a K1 fiance visa or get married here in France and then apply for CR1 visa? I have read it's possible to do a DCF, but I don't believe we qualify for any of the "exceptional" situations. We would like to choose the fastest procedure possible.

Thank you for your help in advance!

 

[kris&me 572]

fastest is for USC to return to USA and establish residency and file for K1 (most expensive)

and now most K1 's are taking about a year

CR1 has most advoantages as green card for benficiary can work as soon as the green card comes (about a month)

important that USC has filed tax returns while out of the country

and satifies the 100% poverty level income requirements (if K1)

and 125% if CR1 (married and AOS after marriage for K1)

Spouse visa now looking at about 14 months timeframe (mush depends of office doing the work)

Edited February 24, 2018 by kris&me

[Mrsjackson 300]

CR1 (spouse visa) and you can stay together the entire time. Get married and then file. Your fiancé may have to reestablish domicile in the US I’m not sure hopefully someone provides a little more insight into those details soon.

[JFH 12,191]

*~*~*moved from "K-1 fiancé visa" to "what visa do I need" as OP is still exploring the options*~*~*

 

Personally, I don't see any benefit to you in doing the K-1. You are already living together so just marry and then apply for the CR-1. That way you will be a permanent resident immediately upon arrival and can work and have full status right away. There's no need for you to spend around $1000 on an overpriced tourist visa (that cost includes the medical, etc) that allows you to stay beyond your 90-day limit if you get married and then pay over $1000 again to adjust status. The K-1 visa is only good for a few small groups of people:

 

- people who have no desire or need to start work upon arrival (pensioners, for example)

- people who feel that they could not possibly live apart after marriage (not applicable in your case - you are already living together and will continue to do throughout the application)

- people from countries where tourist visas are almost impossible to obtain in order to even visit their loved one in the USA (not applicable in your case, you're already together and you don't need to travel to the US to see your fiancé). 

 

There is a few months difference in processing time, that's all. This draws many people to the K-1 as they want to be together quicker (look around here and you will read many claims of "being apart is killing us" - it doesn't kill anyone) and are prepared to subject themselves to a whole year here without being a resident, many months without being able to work - and in some states they cannot even drive - in order to be together a few months quicker. That's not an issue for you as you are together all the time already. 

 

It's unlikely you would qualify for DCF. However, a 12-14 month processing time is not a bad timeframe in terms of tying up your lives in France and preparing for your new life overseas. I used the processing time to research jobs, etc in my new area and successfully applied for a job before I even moved. I also had a house to sell and various other things to take care of. A year soon passes. 

Edited February 25, 2018 by JFH