Privileged with (and confused by) options

[Johnnie Oz 0]

Folks,

Any thoughts you may have on our situation would be most welcome.

Here are the details. Please keep the proposed (and likely?) new USCIS fees in mind.

---

The foreign (Swedish) fiance(e) is in the US currently on a B1 visa, Date of Entry: mid January; I-94 expires Mid-July.

The USC is a California resident, LA to be specific. Direct Consular Processing is no longer an option.

There was definitely no "intent" to marry upon entry, but we were together and knew each other. In fact, while the main reason for the B1 is a research internship (with letter from think tank) the relationship was also mentioned and raised no alarm bells.

The decision to marry is spontaneous, but it was the foreign party who proposed.

We have done research and are fairly aware of our options, so this is more a "what would you do in our situation" query:

So would YOU:

1) marry and file for AOS asap, esp considering the pending USCIS fee hikes?

2) stay engaged and go down the K1 route, bearing in mind the fee hikes may have gone into effect by the time you get to AOS etc?

3) marry in US (or abroad) and petition spouse for IR-1 immigrant visa? We are especially unclear how/if fee hikes apply here since some of the fees (DS-230) may not be raised?

4) K3 route seems less than appealing since we might as well choose K1, gets things going quicker, less fees etc?

- We do not want to be apart but had plans to visit Sweden/family this summer, obviously impossible if 1) is chosen.

- the foreign party wants/needs to work in US asap.

I know, we want all things at once. Are there serious pitfalls we may not be thinking of?

Hoping this was clear and succinct enough - not my forte.

Thanks!

[no name 1]

Folks,

Any thoughts you may have on our situation would be most welcome.

Here are the details. Please keep the proposed (and likely?) new USCIS fees in mind.

---

The foreign (Swedish) fiance(e) is in the US currently on a B1 visa, Date of Entry: mid January; I-94 expires Mid-July.

The USC is a California resident, LA to be specific. Direct Consular Processing is no longer an option.

There was definitely no "intent" to marry upon entry, but we were together and knew each other. In fact, while the main reason for the B1 is a research internship (with letter from think tank) the relationship was also mentioned and raised no alarm bells.

The decision to marry is spontaneous, but it was the foreign party who proposed.

We have done research and are fairly aware of our options, so this is more a "what would you do in our situation" query:

So would YOU:

1) marry and file for AOS asap, esp considering the pending USCIS fee hikes?

2) stay engaged and go down the K1 route, bearing in mind the fee hikes may have gone into effect by the time you get to AOS etc?

3) marry in US (or abroad) and petition spouse for IR-1 immigrant visa? We are especially unclear how/if fee hikes apply here since some of the fees (DS-230) may not be raised?

4) K3 route seems less than appealing since we might as well choose K1, gets things going quicker, less fees etc?

- We do not want to be apart but had plans to visit Sweden/family this summer, obviously impossible if 1) is chosen.

- the foreign party wants/needs to work in US asap.

I know, we want all things at once. Are there serious pitfalls we may not be thinking of?

Hoping this was clear and succinct enough - not my forte.

Thanks!

I highly recommend looking at timelines for Sweden here, in all visa types you want.

http://www.visajourney.com/forums/index.ph...mp;page=compare

http://www.visajourney.com/forums/index.ph...p;page=otheraos

[Kez/JWolf 6]

If there was no intent on entry then you are free to remain and file for AOS..... I did it that way and I have no regrets...

Good luck in what ever route you go down...

Kez

[Dr_LHA 3]

Filing AOS now, and not having your fiancee/wife leave the USA until she has her Green Card is the best way to avoid an extended period of enforced separation while you wait for a K-1. Personally I would get married in the USA and file AOS.

[andi598d 0]

I usually strongly recommend against AOS from within the US after having gone through the process - the headache of proving "intent" and wondering what the adjudicator thinks isn't something I'd wish on anyone. On the other hand, your situation sounds a lot less tenuous to do this in than some I've seen. Certainly, the cheapest way in terms of fees is to AOS immediately, but I'd still consider going K1/3 or IR1 through the consulate as preferable options, if a period of separation (or an extended holiday in Sweden for the US spouse) are practical.

[Dr_LHA 3]

I usually strongly recommend against AOS from within the US after having gone through the process - the headache of proving "intent" and wondering what the adjudicator thinks isn't something I'd wish on anyone. On the other hand, your situation sounds a lot less tenuous to do this in than some I've seen. Certainly, the cheapest way in terms of fees is to AOS immediately, but I'd still consider going K1/3 or IR1 through the consulate as preferable options, if a period of separation (or an extended holiday in Sweden for the US spouse) are practical.

Its still unclear to me what this "headache" involved? How did you prove intent, and how was it an issue for you? From your previous posts it sounds like you included a bunch of documents with your AOS proving non-intent, and it never came up at your AOS interview. Doesn't exactly sound like a big deal to me. In fact it sounds like most of the stress and anguish you experienced was due to your own worries, rather than anything else USCIS inflicted on you.

Last time I said this you replied with a flip comment. Perhaps for the benefit of the OP, rather than myself, you can explain exactly why your experience was so terrible, and why you would recommend a long separation rather than a perfectly legal AOS from within the USA?

[Kez/JWolf 6]

I usually strongly recommend against AOS from within the US after having gone through the process - the headache of proving "intent" and wondering what the adjudicator thinks isn't something I'd wish on anyone. On the other hand, your situation sounds a lot less tenuous to do this in than some I've seen. Certainly, the cheapest way in terms of fees is to AOS immediately, but I'd still consider going K1/3 or IR1 through the consulate as preferable options, if a period of separation (or an extended holiday in Sweden for the US spouse) are practical.

What did you have to do to prove no intent..... in your last post you said you sent evidence with your AOS but you never did say what evidence you included and what headaches you got from USCIS....

Kez

[Johnnie Oz 0]

Kez

Thanks for your replies!

I too am VERY curious about andi598d's AOS experience. It helps to be specific here, amigo/a B)

We are leaning toward the K1 since it will allow us to settle things in Europe, allow us to visit Europe and see family etc. In addition, we are hoping that the California Service Center State-side, and US Consulate at the Embassy in Stockholm Euro-side across the pond will leave us with the minimal processing time. California Pipe Dreamin' ?

Cheers

[Jashley820 0]

Kez

Thanks for your replies!

I too am VERY curious about andi598d's AOS experience. It helps to be specific here, amigo/a B)

We are leaning toward the K1 since it will allow us to settle things in Europe, allow us to visit Europe and see family etc. In addition, we are hoping that the California Service Center State-side, and US Consulate at the Embassy in Stockholm Euro-side across the pond will leave us with the minimal processing time. California Pipe Dreamin' ?

Cheers

I can't speak for those locations, but I am Canadian and it took one full calendar year for my K1 to be approved, and that was WITH Congressional help. We would still be waiting now if we hadn't asked for help. We were anticipating 6 months based on the timelines for our service centre & consulate. Just be sure to evaluate all of your options carefully and really understand if being apart after the family visit is something that you want.

[Johnnie Oz 0]

One more question:

The CR-1 immigrant visa/I-130 petition is so tempting since you land in the US as a PR. So I'm wondering if there's any chance that this might be approved in roughly the same amount of time as a K1? Or does it always take several months longer?

keep in mind, California Service Center and Consulate in Stockholm, Sweden.

We cannot file for DCF since the USC is not a Swedish resident.

thanks

[Anna C. 4]

I guess Andi refers to personal horrors only. Of course the thought crosses your mind from time to time, but since everything is in order (no intent to get married upon entry) it is and will be fine.

We got married after I finished my training here on a J1 visa, and I had some negative thoughts too. But I just told myself every time that there is nothing to hide and actually nobody asked us for evidence. I had my ticket back to Europe, a bank account and credit card in Europe and a bunch of insurances plus the official residence and just in case I asked my parents to send that stuff over. But believe me, it's fine!

[Dr_LHA 3]

I guess Andi refers to personal horrors only.

This is my impression. Everyone goes through stress relate to different aspects of immigration though, so I don't really understand why their stress was any different than anyone elses.

[Kez/JWolf 6]

I guess Andi refers to personal horrors only.

This is my impression. Everyone goes through stress relate to different aspects of immigration though, so I don't really understand why their stress was any different than anyone elses.

I agree anyone can be stressed by the immigration process... but to tell others not to do AOS from a Tourist visa / VWP just because of the stress they went through (real or imagined) is not helpful to others.... andi gave the impresion that doing AOS was much harder than doing it from say a K1 or K3 and that is not the case.....

People doing AOS from K1/K3 can sail through with no problems while other have a horrendous journey... and the same can be said for people doing AOS from any other visa...

Kez

[no name 1]

One more question:

The CR-1 immigrant visa/I-130 petition is so tempting since you land in the US as a PR. So I'm wondering if there's any chance that this might be approved in roughly the same amount of time as a K1? Or does it always take several months longer?

keep in mind, California Service Center and Consulate in Stockholm, Sweden.

http://www.visajourney.com/forums/index.ph...mp;page=compare

Check the timelines & filter for Sweden & compare.

Edited May 15, 2007 by devilette

[Johnnie Oz 0]

One more question:

The CR-1 immigrant visa/I-130 petition is so tempting since you land in the US as a PR. So I'm wondering if there's any chance that this might be approved in roughly the same amount of time as a K1? Or does it always take several months longer?

keep in mind, California Service Center and Consulate in Stockholm, Sweden.

http://www.visajourney.com/forums/index.ph...mp;page=compare

Check the timelines & filter for Sweden & compare.

Thanks Devilette! been there, done that (I am quite the reader before I post, promise!).

Similar cases are few and far-between, plus most didn't bother to fill them out at all stages.

Here's a pledge: We'll do so!

Just curious if anyone has ever received a CR-1/IR-1 without DCF in a shorter time than a comparable couple's K1. I know that each case is different, but still.

Appreciated!