I need help with which visa to go for

[Erina 2]

Hi. 

Ok so... I am sooo confused with what to do. First of all hi, I’m Erina I live in New Zealand and my fiancé lives in the USA. 

I need some Info or help with the visas she is coming over to nz in October and we are having a wedding here as well as in the USA when I get there sometime, just unsure which country we should make it legal ( sign papers) this is were I need help with visas I also have a 16 yr old daughter who will coming over to live with us in the USA. Any information on the visas would be amazing. Thank you. 

[TM92 527]

13 minutes ago, Erina said:

I need some Info or help with the visas she is coming over to nz in October and we are having a wedding here as well as in the USA when I get there sometime, just unsure which country we should make it legal ( sign papers) this is were I need help with visas I also have a 16 yr old daughter who will coming over to live with us in the USA.

With the CR-1 you can marry anywhere (US, New Zealand, or third-party country) but with the K-1 you can only marry in the US. For K-1: If you leave the US without a valid Advance Parole (after submitting AOS) you will have to apply for CR-1 anyways (so the money spent on K-1 will be wasted):

For K1: I've seen other VJers advise against doing an unofficial wedding ceremony before marrying in the US. @geowrian thoughts?

Edited July 8, 2018 by TM92
advise

[Alabamak1 688]

You have 2 options basically:

 

K-1 which is a fiance visa, you file a I-129F for the beneficiary and daughter. You go through the process and marry in the USA, after the visa is approved and you do POE. 7-9 months average

 

or 

 

CR-1 if you are already married by the time the petitioner applies 12 - 14 months average

[Ontarkie 14,227]

When does your daughter turn 17? This may be what decides which visa you do.

[geowrian 22,337]

If you're having a wedding, or anything that may be construed as a wedding, then I highly suggest a CR-1. People have been refused for being "too married" with a K-1 even if they were not legally married yet.

 

One can marry in the USA then have another wedding ceremony/celebration outside the US afterwards fine (either doing a CR-1 visa directly or doing the K-1 -> AOS -> getting AP or the green card -> marrying outside the US)

[Erina 2]

2 minutes ago, Ontarkie said:

When does your daughter turn 17? This may be what decides which visa you do.

July 5th she’s only just turned 16

[Ontarkie 14,227]

Just now, Erina said:

July 5th she’s only just turned 16

Perfect, then you have plenty of time for either. 

 

And Happy birthday to her. Mines tomorrow  

[Erina 2]

Only reason for having two weddings is so both our families get to see us getting married as it is way too costly for our families to travel to either country for our wedding, we both come from a big family. 

[EmmNM 179]

8 minutes ago, geowrian said:

If you're having a wedding, or anything that may be construed as a wedding, then I highly suggest a CR-1. People have been refused for being "too married" with a K-1 even if they were not legally married yet.

 

One can marry in the USA then have another wedding ceremony/celebration outside the US afterwards fine (either doing a CR-1 visa directly or doing the K-1 -> AOS -> getting AP or the green card -> marrying outside the US)

I agree. You cannot have a ceremony in your country and file for a fiance (K1) visa. Even if you don't make that ceremony legal. If you want to have a ceremony in your country then make it legal and file for Cr1. You can always have another celebration when you get to the US with your fiance's family.

Edited July 8, 2018 by EmmNM

[TM92 527]

13 minutes ago, Erina said:

Only reason for having two weddings is so both our families get to see us getting married as it is way too costly for our families to travel to either country for our wedding, we both come from a big family. 

Here is my pitch:

1. Have the official wedding in New Zealand
2. Your new spouse starts the CR-1 (for you) and CR-2 (for your daughter) and file them together
3. Attend interview at embassy
4. Enter the US with the CR-1 and CR-2. You and your daughter will immediately be Green Card holders (but conditional green cards: so you will have to do Removal of Conditions in 2 years)
5. Have an unofficial wedding in the US

If this doesn't fit your situation there are alternatives.

Edited July 8, 2018 by TM92
ROC

[Erina 2]

7 minutes ago, EmmNM said:

I agree. You cannot have a ceremony in your country and file for a fiance (K1) visa. Even if you don't make that ceremony legal. If you want to have a ceremony in your country then make it legal and file for Cr1. You can always have another celebration when you get to the US with your fiance's family.

Thank you. Ok so, Cr1 is that like the k3 visa? And I can bring my daughter with me too? Also is it less expensive as k1? 

[EmmNM 179]

Just now, Erina said:

Thank you. Ok so, Cr1 is that like the k3 visa? And I can bring my daughter with me too? Also is it less expensive as k1? 

K3 visas are never used. You need to get married and file Cr1 with i-130. Takes about 12-18 months. Yes Cr1s are less expensive in the long run than a K1 and you get a green card when you get to the US. K1s may shave off about 2 months from the process but not worth the expense and you cannot work for at least a good 6 months.

[geowrian 22,337]

6 minutes ago, Erina said:

Thank you. Ok so, Cr1 is that like the k3 visa? And I can bring my daughter with me too? Also is it less expensive as k1? 

K-3 is basically obsolete. It would turn into a CR-1 anyway.

You would marry then file an I-130 (1 for your spouse, 1 for your daughter). They would each get a green card after entering the US on the CR-1 visa.

This path is considerable less expensive than the K-1 route (roughly $750-1000/each versus K-1 + AOS costs to get a green card). Plus they can work in the US shortly after entry to help out, if needed.

[EmmNM 179]

One more thing I forgot to add. 

 

Say you did decide to do a K1 visa, which is not very practical, you would come over to the US after its approved, get married and file for Adjustment of status (to get your green card), and Employment authorization and advanced parole. It is taking almost 2 years for many people to get approved for their green card. And 6 or more months to be approved for employment authorization and advanced parole. That means you wont be able to travel out of the country until you have the EAD/ Advance parole card. So no going home to have your ceremony there for a while.

[TM92 527]

8 minutes ago, geowrian said:

K-3 is basically obsolete. It would turn into a CR-1 anyway.

@Erina Here is a link that says this, https://citizenpath.com/k3-visa-process/:

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In practice, the K3 visa process is rarely used. While it remains a component of immigration law, most couples have a tough time obtaining one.

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Real Numbers for K3 Visas

The K3 visa process may sound like a great solution for your situation. Unfortunately, most couples are unlikely to obtain a K3 visa. Consider the statistics. In fiscal year 2016, the U.S. Department of State issued only 102 K3 visas as compared to 133,465 immigrant (IR1/CR1) visas for the spouses of U.S. citizens.

Edited July 8, 2018 by TM92
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