Fiance visa pricess and visiting etc

[LizaJane 13]

1 hour ago, JFH said:

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. 

 

Thank you this is helpful, and is what I was thinking is our best option, and for all ther reasons you've stated basically.  I work full time , yes, but have two children with  pretty serious  medical  issues so my position  is one that's allowed me the flexibility to be available for them if need be. Now that they are older, one turning 18 in August the other 16 in a few weeks, I am going back to  school as well as continue to work. I will need  a cosponsor, and  my parents  are fine with doing  it,  as they love him and want him here to  stay. 

He loves  his work , and will want and need to work immediately when here.  His children are  legal adults but yes, he'll still want to be able to get back to them  if need be. 

(You're correct,  neither  one of us is "young," I'm in my 40s, he in his 50s)

[Ashaaa 52]

17 hours 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.

Your fiance comes from easy-to-obtain US visiting visa, I’d recommend CR1 instead rather than K1 if you are set on getting married. Even if it takes longer but it’s cheaper, and you can still visit your spouse anytime. 

PS - it’s a huge forum you can ask anything you want, there’s others who are trying to be helpful without being too cranky or judge-y.

Good luck!

[LizaJane 13]

5 minutes ago, Ashaaa said:

Your fiance comes from easy-to-obtain US visiting visa, I’d recommend CR1 instead rather than K1 if you are set on getting married. Even if it takes longer but it’s cheaper, and you can still visit your spouse anytime. 

PS - it’s a huge forum you can ask anything you want, there’s others who are trying to be helpful without being too cranky or judge-y.

Good luck!

Thank you much!

[Diane and Chris 651]

17 hours 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.

Just remember, if you go the K-1 visa route, he will not be able to return “home” until he has his AP. That could take 6 months. Also, he won’t be allowed to work without EAD. Many people choose to go the CR -1 for those reasons. Best of luck to you two. Don’t hesitate to ask any more questions you may have. That’s why we are here. We’ve been through what you’re about to experience. 

[LizaJane 13]

Just now, Diane and Chris said:

Just remember, if you go the K-1 visa route, he will not be able to return “home” until he has his AP. That could take 6 months. Also, he won’t be allowed to work without EAD. Many people choose to go the CR -1 for those reasons. Best of luck to you two. Don’t hesitate to ask any more questions you may have. That’s why we are here. We’ve been through what you’re about to experience. 

Thank you, Diane!

[Diane and Chris 651]

5 minutes ago, LizaJane said:

Thank you, Diane!

You are most welcome!  

[NikLR 13,227]

Sounds like he has kids in the UK?  I would suggest a CR1 visa over a K1 visa.  It does take a little longer but he would be able to work and travel immediately.  With the K1 he would have to adjust his status and advance parole (ap) is taking between 4-6 months right now.  If something happened to one of his kids he couldn't just hop on a plane and go without AP at risk of abandoning his status and you guys starting over with the CR1 anyhow.  

This is was the main reason why we went on the CR1 route.  My kid lives in Canada with her dad by her choice but if something happened to her, I want to always be able to get on a plane immediately.