Fiance visa pricess and visiting etc

[LizaJane 13]

I am a US citizen by birth, my fiance lives in the UK. He's been here to visit me previously and plans to visit again in late August. We then want to start the immigration process. It seems the  fiance visa is what i should file for? I'm wondering what the most current wait times are for  approval , and if he can visit while we're waitng until he can come here to get married and we can then file for a change of status, as he'll then be my spouse.  Also, will he be allowed to stay here after we're married & waiting for the permanent residence visa to be approved?  Can he work here during that time if so? I apologize, so many questions. It's just  everything I  find says something different  and I'd like  advice from people that have recently gone through it or are currently going through it. Thanks  all, I appreciate it! 

Katie

[geowrian 22,337]

You can do a K-1 (fiancé) visa, or marry anywhere and do a CR-1 (spouse) visa. See the guides here for the pros/cons of each. The K-1 is slightly faster but otherwise inferior in many ways (can’t work right away, travel abroad and return, expensive, etc.).

 

K-1: ~8-11 months right now

CR-1: ~12-16 months right now

 

You cannot come on a tourist visa or ESTA with the intent to stay. That is fraud...do NOT do this. You can marry them return home.

 

He can visit during the process (just as he does now).

[Roel 7,192]

You'd know everything if you'd only read guides. 

1. Waiting time for k1 visa is avout 8 to 13 months. Upon arrival you have to apply for adjustment of status which takes about 12 to 14 months. After that process is approved, your fiance gets a green card. Of course you have to get married first once he arrives on k1.

 

Your partner cannot work until he receive his work permit. No traveling until he receives a travel permit. Current wait for those is about 6 months. Read guides. Both work permit and travel permit applications have to be included in adjusted of status packet. 

 

2. Arriving on tourist visa or vwp with a plan to get married and adjust status is immigration FRAUD. Don't so that. 

Your only 2 paths are : fiance k1 or spouse cr1. 

 

3. All the fees can be found in the USCIS website. 

 

4. Seriously read guides. And maybe then ask specific questions. 

[LizaJane 13]

4 minutes ago, Roel said:

You'd know everything if you'd only read guides. 

1. Waiting time for k1 visa is avout 8 to 13 months. Upon arrival you have to apply for adjustment of status which takes about 12 to 14 months. After that process is approved, your fiance gets a green card. Of course you have to get married first once he arrives on k1.

 

Your partner cannot work until he receive his work permit. No traveling until he receives a travel permit. Current wait for those is about 6 months. Read guides. Both work permit and travel permit applications have to be included in adjusted of status packet. 

 

2. Arriving on tourist visa or vwp with a plan to get married and adjust status is immigration FRAUD. Don't so that. 

Your only 2 paths are : fiance k1 or spouse cr1. 

 

3. All the fees can be found in the USCIS website. 

 

4. Seriously read guides. And maybe then ask specific questions. 

Wow, thanks, I think. I've read so many guides and contacted many immigration lawyers as well, and get different,  conflicting answers from every source. I appreciate the reply, though you don't need to be so rude.

[Roel 7,192]

1 minute ago, LizaJane said:

Wow, thanks, I think. I've read so many guides and contacted many immigration lawyers as well, and get different,  conflicting answers from every source. I appreciate the reply, though you don't need to be so rude.

? I'm not rude. I just gave you basic informations that you can get reading both USCIS website and immigration guides here on VJ. Lawyers aren't necessary for any of those processes unless your relationship has any red flags. 

[geowrian 22,337]

What is conflicting information that you'e received?

 

Timelines change often...what may take 8 months today could take 4 months when you file, or 12+ months by the time they get to your case.

[debbiedoo 2,339]

if being able to travel and work immediately is important, get married (here or there), he goes (or stays) back there, and you file for CR1. Once it is approved, he can work and cross borders immediately. That process takes (approx) a year to a year and a half, and timelines can change at the drop of a hate. longer r shorter.

 

If that is not important, do a K1. This process takes (approx) 8-12 months. Once approved, he would move here, you get married, and file for Adjustment of status (AOS), Advanced Parole (AP- so he can travel), EAD (work permit) and Green card. The AOS process can take up up to a year, but the EAD and AP you would receive generally in 3-6 months.

 

There is also a cost difference between the two (K1 is more expensive)

 

I HIGHLY suggest reading these forums a LOT. MOST questions have been asked, and answered before, and it helps for general knowledge as well.

 

 

Edited May 27, 2018 by debbiedoo

[LizaJane 13]

17 minutes ago, geowrian said:

You can do a K-1 (fiancé) visa, or marry anywhere and do a CR-1 (spouse) visa. See the guides here for the pros/cons of each. The K-1 is slightly faster but otherwise inferior in many ways (can’t work right away, travel abroad and return, expensive, etc.).

 

K-1: ~8-11 months right now

CR-1: ~12-16 months right now

 

You cannot come on a tourist visa or ESTA with the intent to stay. That is fraud...do NOT do this. You can marry them return home.

 

He can visit during the process (just as he does now).

Thank you. No, we'd not jeopardize anything by him overstaying etc. I have read and been told that once I file for the fiance visa he can visit while it's in processing, then also told no he cannot visit. He has two jobs in the UK,  a home, his children...so can show ties to return home after a visit, and would have a roundtrip ticket as he'd only visit for about two weeks at a time. Once we are married however, we'd like to stay here, together  in the US permanently. I've been given conflicting information on this as well. Told he can't stay, told he can stay but can't work for four months...told a slew of  things from a slew of sources. Just looking for friendly help and advice. I realize timlines change, but a lot if stuff i find is years old, and obviously outdated.

[geowrian 22,337]

1 minute ago, LizaJane said:

Thank you. No, we'd not jeopardize anything by him overstaying etc. I have read and been told that once I file for the fiance visa he can visit while it's in processing, then also told no he cannot visit. He has two jobs in the UK,  a home, his children...so can show ties to return home after a visit, and would have a roundtrip ticket as he'd only visit for about two weeks at a time. Once we are married however, we'd like to stay here, together  in the US permanently. I've been given conflicting information on this as well. Told he can't stay, told he can stay but can't work for four months...told a slew of  things from a slew of sources. Just looking for friendly help and advice. I realize timlines change, but a lot if stuff i find is years old, and obviously outdated.

Yes, he can visit. There's a pinned thread covering experiences of people doing this that I suggest checking out. He should (as always) carry evidence of his ties to return home, but UK travelers usually don't have an issue visiting in general.

A roundtrip ticket is required for ESTA travel anyway.

 

He can stay if he comes on a K-1, marries in 90 days, then files for AOS. He can't work until he gets an EAD, which is taking ~3-6 months after filing for it alongside AOS. Apply for AP as well. Read the guides to help get a better idea of the process.

Or if you marry (anywhere), you can start the CR-1 process. No AOS is needed and he can work right away upon entry on that (immigrant) visa.

Otherwise, he can only visit.

[LizaJane 13]

26 minutes ago, LizaJane said:

You cannot come on a tourist visa or ESTA with the intent to stay. That is fraud...do NOT do this. You can marry them return home.

 

He can visit during the process (just as he does now).

So if he were here on the ESTA and we married, he could return to the UK as planned and still travel back to visit while we apply and wait for a spouse visa? If so, do I  need to show proof of the financial sponsor requirements prior to getting married here  in the US that way? Or do i only need provide that upon applying fot the visa? We're talking  courthouse  wedding,  just us and my kids and parents present, not that it matters. But my parents will possibly be my cosponsor for him, as I don't currently meet the income requirements as I am going back to school soon.

[geowrian 22,337]

2 minutes ago, LizaJane said:

So if he were here on the ESTA and we married, he could return to the UK as planned and still travel back to visit while we apply and wait for a spouse visa?

Yes.

 

2 minutes ago, LizaJane said:

If so, do I  need to show proof of the financial sponsor requirements prior to getting married here  in the US that way? Or do i only need provide that upon applying fot the visa? We're talking  courthouse  wedding,  just us and my kids and parents present, not that it matters. But my parents will possibly be my cosponsor for him, as I don't currently meet the income requirements as I am going back to school soon.

The financial sponsorship (I-864 for a CR-1) will come into play after the I-130 petition is approved and the case is at NVC (~6-10 months after filing). The embassy CO makes the final call before issuing the visa.

 

Nothing is provided for him to visit...marrying while visiting is a civil matter, not an immigration one.

[LizaJane 13]

Thank you!

[debbiedoo 2,339]

to sponsor fr the k1 - 100 of poverty level

for AOS 125%

 

 co sponsors are fine

[JFH 12,190]

I'm seeing a couple of clues in your posts that suggest that the K-1 fiancé visa might not be the best option for you. It looks like the spouse one would be.

 

I see that you will be needing a joint sponsor as you do not meet the income requirements. You do realise that on a K-1 visa your fiancé will not be able to work until around 4 months after you get married here? So you will be adding another mouth to feed to a household that is already below the official federal poverty line. You would also have over $1200 in fees to pay on top of the fees you've already paid for the visa to get him here. Also, since he currently works how would he feel not being able to work for months?  That would drive me crazy. You mention you both have children so I'm guessing you are not a couple of 18-year-olds who don't mind living off mom and dad. There's no way, at this stage of my life, I could go back to living with my parents or relying on them for financial support. I'm too old for that. 

 

Also, if he has children in the U.K. that he is leaving behind, he won't be able to visit them or even go back in case of an emergency for many months if he comes here on a K-1. Those with spousal visas can travel internationally from day one. Very useful if you have commitments such as children overseas - imagine one of them were to have a serious accident or illness and your fiancé cannot go back to see him/her? 

 

Here's what we did:

 

- I arrived here on a Tuesday

- we got the marriage license on the Wednesday

- we got married on the Saturday (WA state requires 3 days waiting between getting the license and getting married)

- I flew back to the U.K. on the following Tuesday 

 

During the spouse visa process I continued to visit.

 

I had my visa interview in London on December 6, 2016

i arrived here with my visa on December 19 - became a green card holder the minute I was processed by immigration at the airport

i started work on January 3

 

The way I see it, the K-1 visa is a ridiculously overpriced tourist visa that allows you to stay if you get married within 90 days. His status will be no different from that of a visitor. No work. In some states no driver's license. No school. What would his plans for healthcare be if he cannot work? The CR-1 visa means he is a green card holder immediately with all the rights that permanent residency here brings. 

 

Edited May 28, 2018 by JFH

[JFH 12,190]

*~*~*moved to "what visa do I need?" OP is still considering the options*~*~*