Trying to Find Easiest/Fastest Process for Fiance

[Alabamak1 688]

27 minutes ago, claymore2h said:

 

I know it's something of a stretch, but I wonder if it would help that after we get married here, she does return home when her six months eligibility to be here is up.  I know it's risky, but perhaps that would help to show honesty in intent.

why not have her come and visit, while she is visiting get married and file then CR-1? Leave on time before i-94 expires. That would give you some time to shave from the actual 14-16 month wait for spousal visa.

Edited August 21, 2018 by Alabamak1

[Sunnyland 639]

Just so you know. In immigration nothing is fast, cheap or fun. It requires patience... a LOT and $$$ and lot of LOVE. Just follow the advice on this forum and you should be fine.  If I could do it all again we would go with the spouse visa. But K1 was what worked for us at that time when the spouse visa was not an option for us.

[claymore2h 7]

Visiting the USCIS.gov website, I found this under the K1 PERMISSION TO WORK heading:

" Your fiancé(e) may also apply for work authorization at the same time he or she applies for a Green Card. In this case, your fiancé(e) can file Form I-765 together with the Form I-485. In this case, your fiancé(e)’s work authorization is valid for one year and may be extended in one-year increments."

 

This seems to indicate that she can immediately get a one year authorization to work in the U.S. while she's waiting for her green card (which takes a year or more, based on what I'm seeing here) if she files her I-765 at the same time.  Am I reading this correctly? 

[mushroomspore 3,044]

4 minutes ago, claymore2h said:

Visiting the USCIS.gov website, I found this under the K1 PERMISSION TO WORK heading:

" Your fiancé(e) may also apply for work authorization at the same time he or she applies for a Green Card. In this case, your fiancé(e) can file Form I-765 together with the Form I-485. In this case, your fiancé(e)’s work authorization is valid for one year and may be extended in one-year increments."

 

This seems to indicate that she can immediately get a one year authorization to work in the U.S. while she's waiting for her green card (which takes a year or more, based on what I'm seeing here) if she files her I-765 at the same time.  Am I reading this correctly? 

It is not immediate. It takes 5-8 months to approve after she files the papers.

[RLA 323]

40 minutes ago, claymore2h said:

This seems to indicate that she can immediately get a one year authorization to work in the U.S. while she's waiting for her green card (which takes a year or more, based on what I'm seeing here) if she files her I-765 at the same time.  Am I reading this correctly? 

She can immediately apply for employment authorization.  Getting it takes 5-8, as @mushroomspore said. 

[NikLR 13,227]

That's not on the tourist visa though.  That's after the k1 and after marriage.  She can apply for it on a tourist visa but without the underlying petition from you, it's a waste of money and will be denied. 

Edited August 21, 2018 by NikLR

[Roel 7,192]

If there was a fast or easy way, none of us would be wasting time waiting months and months. I see threads like yours pretty often, people coming in asking how to do fast because apparently few months apart is too much for some people. Which I find kind of childish. 

 

Anyway.  Your choices are either cr1 or k1 and they are not fast. Your fiance is lucky enough that she has a tourist visa and she can visit you, but I wouldn't abuse that privilage. Hell,  I wouldn't even have her stay full 6 months on her first visit. Just because after that the rule is that she needs to spend more time in her country than "visiting " US" so she pretty much would have low chances being admitted back again. Especially if she'd go to her country for like a week and then try to come to the Us for another 6 months. 

 

Also don't read random stuff on USCIS website about some work permits...

It doesn't concern you and you'll just end up confused. 

 

Right now either pick k1 or cr1 route and focus on one of them since those are your only choices. 

[Jenny17655 284]

5 hours ago, claymore2h said:

Okay, based on what I'm seeing, she can come into the country with her tourist visa, we can get married while she's here, but she has to return home within the allotted time frame (I believe that's a six month maximum stay).  During that time, she can be working on submitting and getting a spousal visa which takes longer, but once issued it will allow her permanent residence with the ability to work and travel outside the U.S.

 

Would she--upon leaving--feasibly be able to reenter the country while waiting for her spousal visa due to her tourist visa, so long as she again permitted her entry into the country?  She just got her tourist visa in July, so it's good until 2021 . . . or does her application for the spousal visa eliminate that possibility?

 

Thanks for all your responses thus far everyone.  You're all most helpful!  I appreciate you all greatly!

Just to clarify during that time YOU will be working on submitting the paperwork not she.

[Cathi 5,755]

It is illegal to enter the United States with a tourist visa with the intent to marry and stay.

[geowrian 22,337]

I'll just reiterate that visiting for 6 months has risks. Namely, she would unlikely be granted another visit before the visa is issued due to suspected use of the tourist visa to live in the US. It's better to have shorter visits, staying outside the US at least as long as the time spent in the US (twice as much being preferable).

[Crazy Cat 41,888]

12 hours ago, claymore2h said:

Visiting the USCIS.gov website, I found this under the K1 PERMISSION TO WORK heading:

" Your fiancé(e) may also apply for work authorization at the same time he or she applies for a Green Card. In this case, your fiancé(e) can file Form I-765 together with the Form I-485. In this case, your fiancé(e)’s work authorization is valid for one year and may be extended in one-year increments."

 

This seems to indicate that she can immediately get a one year authorization to work in the U.S. while she's waiting for her green card (which takes a year or more, based on what I'm seeing here) if she files her I-765 at the same time.  Am I reading this correctly? 

Immediately get a one year auth to work? No.

 

That is only after:

1.  Approval of K-1

2.  Marriage inside the US

3.  Filing for Adjustment of Status

 

Filing for work auth is normally done concurrently when filing for Adjustment of Status (which is "waiting for her green card")....and it takes about 5-6 months to get work authorization.

Nothing is immediate regarding immigration....other than when a spouse enters the US via a CR-1 visa.  Then the spouse immediately becomes a legal resident with work and travel authorization.

Edited August 21, 2018 by missileman

[SalishSea 17,837]

13 hours ago, JFH said:

Not exactly correct. Perfectly legal to marry on a tourist visa. What's illegal is to enter with a tourist visa with the intention of staying (married or otherwise). We got married whilst I was visiting my husband. 

Well, yes.   But as the OP was looking for a way for her to STAY after marrying on a tourist visa, it was pretty clear the intent wasn’t a US destination wedding.

[Paul & Mallory 1,398]

It's always great to get others' opinions and advice, but ultimately it will come down to what works best for you and your partner, and what things are deal breakers. Personally, in hindsight, I wish we had done a CR1 versus K1. Yes, I have my husband here now, we're married, we're happy. But the wait for him to get a green card and be able to live "normally" (drive, work, etc.) can be frustrating. With CR1, your spouse has these benefits immediately. No waiting.

 

With K1, yes, she can APPLY for travel and work permits as soon as she gets here, but right now that is taking several months to approve as well. Currently, people are looking at around 6 months for EADs and APs to be processed. So if things like working/traveling internationally/etc. right away are important, consider this difference.

 

I think I read that you have only met twice. We aren't here to judge morality or personal choices, this is an immigration lifeline. As long as you have met at least once within the 2 years prior to when you apply (for K1, at least), you are technically meeting requirements. Some countries, depending on their rate of immigration fraud, can be a bit stricter with things like age differences or how many times you've met in person. Consider these as well. I recommend doing LOTS of researching and reading on other couples who are further along than you in both visa options, particularly from your partner's country, to get a better understanding of what you can expect. It is ALWAYS best to take the time to do research and better prepare yourselves and what you will be bringing to the table when applying, even if it means you aren't filing right away. This is time well spent, and is still much better than acting quickly/incompletely and risking a denial, which takes you right back to the starting line several months (or years) later.

 

More importantly - go ahead and mentally prepare yourselves for a long wait and a lot of money. Immigration is not quick or easy. But it is absolutely worth it.

 

Good luck to you!

Edited August 21, 2018 by Paul & Mallory

[TM92 527]

11 minutes ago, Paul & Mallory said:

As long as you have met at least once within the 2 years prior to when you apply (for K1, at least), you are technically meeting requirements.

Just adding the USCIS requirements for a IR-1/CR-1 proxy (or double proxy) marriage, https://www.uscis.gov/ilink/docView/AFM/HTML/AFM/0-0-0-1/0-0-0-3481/0-0-0-4484.html:

Quote

Section 101(a)(35) of the Act provides that the term "spouse", "wife", or "husband" does not include a spouse, wife, or husband by reason of any marriage ceremony where the contracting parties thereto are not physically present in the presence of each other, unless the marriage has been consummated. (Note: Consummation of a marriage can only occur after the ceremony, there is no such thing as “pre-consummation” of a marriage.)

Edited August 21, 2018 by TM92

[angelbrown 195]

I always LOL at @Roel. Blunt, straight and to the point. But always truth!☺️