Advice on the process

[Cat and Cody 0]

My fiancé and I are starting the process and would like some advice she is originally from London I live in Missouri where we will be calling home

[Roel 7,192]

What kind of advice?

You can find K1 guide on this website.

[Dutchster 1,107]

If you click on guides at the top, it will lead to you several K-1 step-by-step, flowchart and example options.

Also, https://www.uscis.gov/i-129f is a very informative source as it directly from the USCIS website. What kind of advise are you looking for exactly?

[TNJ17 1,329]

You need to be way more specific than that. 

[Crazy Cat 41,982]

My advice....Forget the K-1.  Meet, marry, and file for CR-1.  It's very easy for visits during the process:

 

K-1

    More expensive than CR-1

    Requires Adjustment of Status after marriage (expensive and requires a lot of paperwork)

    Spouse can not leave the US until she receives approved Advance Parole (approx 3-4 months)

    Spouse can not work until she receives EAD (approx 3-4 months)

    some people have had problems with driver licenses, Social Security cards, leases, bank account during this period .

    Spouse will not receive Green Card for many months after Adjustment of Status is filed.

CR-1

    Less expensive than K-1

    No AOS required.

    Spouse can immediately travel outside the US

    Spouse can start work if desired

    Spouse receives Social Security Card and Green Card withing 2 or 3 weeks after entering the US

    Spouse  has legal permanent Resident status IMMEDIATELY upon entry to US.

 

All-in-all, the CR-1 is superior to the K-1 imo.

[Cat and Cody 0]

20 minutes ago, missileman said:

My advice....Forget the K-1.  Meet, marry, and file for CR-1.  It's very easy for visits during the process:

 

K-1

    More expensive than CR-1

    Requires Adjustment of Status after marriage (expensive and requires a lot of paperwork)

    Spouse can not leave the US until she receives approved Advance Parole (approx 3-4 months)

    Spouse can not work until she receives EAD (approx 3-4 months)

    some people have had problems with driver licenses, Social Security cards, leases, bank account during this period .

    Spouse will not receive Green Card for many months after Adjustment of Status is filed.

CR-1

    Less expensive than K-1

    No AOS required.

    Spouse can immediately travel outside the US

    Spouse can start work if desired

    Spouse receives Social Security Card and Green Card withing 2 or 3 weeks after entering the US

    Spouse  has legal permanent Resident status IMMEDIATELY upon entry to US.

 

All-in-all, the CR-1 is superior to the K-1 imo.

 

20 minutes ago, missileman said:

My advice....Forget the K-1.  Meet, marry, and file for CR-1.  It's very easy for visits during the process:

 

K-1

    More expensive than CR-1

    Requires Adjustment of Status after marriage (expensive and requires a lot of paperwork)

    Spouse can not leave the US until she receives approved Advance Parole (approx 3-4 months)

    Spouse can not work until she receives EAD (approx 3-4 months)

    some people have had problems with driver licenses, Social Security cards, leases, bank account during this 

 

Trying to figure this out my apologies ok but she can’t come over here for the wedding correct it would have to be in her Country?

[Roel 7,192]

You can get married in the USA. After wedding she has to go back to her country and wait for her visa to be approved. 

[Crazy Cat 41,982]

2 minutes ago, Cat and Cody said:

 

 

Trying to figure this out my apologies ok but she can’t come over here for the wedding correct it would have to be in her Country?

No, it would not.  She could come to the US, marry you, then return to her country .  It is considered visa fraud ONLY if she enters the US with the intent to marry, STAY and ADJUST STATUS.......

 

It is perfectly legal for her to:

 

1.  Enter the US via ESTA

2.  Marry you

3.  Return to her country

4.  File for CR-1

Then it is also legal for short visits during the 12-14 months until the CR-1 visa is in hand.

[Crazy Cat 41,982]

I see a lot of K-1 posters who wish they had gone the CR-1 route instead.  In my opinion, the CR-1 is much more practical when the fiance is from an ESTA country.

Whether a couple chooses K-1 or CR-1, there will time apart.  But processing time for CR-1 visas is not much longer than K-1 processing time......and the benefits of the CR-1 are far superior in my opinion.

[Mollie09 1,543]

Other way around, you can't go to the UK to get married without a proper visa.

[cathyeva 0]

Hey, it's the British fiancee here! 

So I came out last year on a J1 for the summer, and am set to graduate college in July.

Am I right in thinking that I can enter the US on an ESTA say, early summer, fly out for a week, get married, and return, that's all legal? 

So as long as I'm intending to return and have my uni enrollment malarkey with me to prove it, do I need to tell immigration I'm planning on getting married?

Thanks everyone! 

Cat x

[Roel 7,192]

Yes it's perfectly legal to get married in the USA as long as you intent to go back to your country and the  apply for proper immigrant visa. 

 

If you'll be asked on the border for the purpose of your trip, then you should say that you want to get married and then leave and come back with spouse visa. 

[Crazy Cat 41,982]

6 minutes ago, cathyeva said:

Hey, it's the British fiancee here! 

So I came out last year on a J1 for the summer, and am set to graduate college in July.

Am I right in thinking that I can enter the US on an ESTA say, early summer, fly out for a week, get married, and return, that's all legal? 

So as long as I'm intending to return and have my uni enrollment malarkey with me to prove it, do I need to tell immigration I'm planning on getting married?

Thanks everyone! 

Cat x

1.  If asked, you must answer all questions truthfully.....

2.  It is considered visa fraud only if you enter the US via a non-immigrant route with the intent to stay and adjust status....

As long as you leave the US within the time authorized by the CBP officer, it is legal.

Edited March 13, 2018 by missileman

[S_and_K_K1 83]

18 hours ago, cathyeva said:

Hey, it's the British fiancee here! 

So I came out last year on a J1 for the summer, and am set to graduate college in July.

Am I right in thinking that I can enter the US on an ESTA say, early summer, fly out for a week, get married, and return, that's all legal? 

So as long as I'm intending to return and have my uni enrollment malarkey with me to prove it, do I need to tell immigration I'm planning on getting married?

Thanks everyone! 

Cat x

Hi!

 

Check your J1 visa conditions ASAP!

Some J1 visas REQUIRE 2 YEAR HOME STAY RULE. 

 

Make sure you are not subject to that. 

You cannot apply for a green card unless you fulfill your 2 year home stay rule. 

Edited March 14, 2018 by S_and_K_K1