Which visa is suitable for my scenario? K1?

[Kreyandor 0]

Hey everyone,

 

I would like your advice on my situation. A little background first, I am a US citizen and my fiance is non-US citizen currently studying in Australia. She was planning to come to the states (as it will be her first time here) for travel for about 10 days and also get married with me. After 10 days, she will be going back to study.

 

My question would be:

is K1 fiance visa be suitable for this scenario? (After marriage, she has to go back to Australia before class begins.)

During adjustment of status, she cannot leave the country?  If that is the case, can i apply for adjustment status later after? We just want to get married.

 

Thanks in advance. Looking for a reply.

[ThomasNC1988 762]

No k-1 will not work for you. Does she have a tourist visa for the US already?

[mushroomspore 3,044]

9 minutes ago, Kreyandor said:

Hey everyone,

 

I would like your advice on my situation. A little background first, I am a US citizen and my fiance is non-US citizen currently studying in Australia. She was planning to come to the states (as it will be her first time here) for travel for about 10 days and also get married with me. After 10 days, she will be going back to study.

 

My question would be:

is K1 fiance visa be suitable for this scenario? (After marriage, she has to go back to Australia before class begins.)

During adjustment of status, she cannot leave the country?  If that is the case, can i apply for adjustment status later after? We just want to get married.

 

Thanks in advance. Looking for a reply.

After marriage, your only option is CR1. K1 is for fiancé(e)(s). Luckily for you, CR1 is cheaper. There is no adjustment of status because CR1 means she is a permanent resident upon arrival. Physical green card comes in the mail shortly thereafter.

[Kreyandor 0]

3 minutes ago, ThomasNC1988 said:

No k-1 will not work for you. Does she have a tourist visa for the US already?

Unfortunately, her tourist visa got rejected

[ThomasNC1988 762]

2 minutes ago, Kreyandor said:

Unfortunately, her tourist visa got rejected

Well, sadly your plan will not work. For k-1 there is a 9-12 month wait for the visa then she must stay at least 6 months before she can leave the country again so it just will not work. Better option for you is likely to travel there then get married and file cr-1. About a year wait for the visa but she will be able to travel and work right away.

[Ontarkie 14,227]

~~Moved to What Visa Do I Need, from K1 progress reports. - The OP has not started anything and is learning about his options.~~

[Boiler 45,531]

When is she due to finish her studies.

 

Have you met?

[SusieQQQ 11,586]

11 minutes ago, ThomasNC1988 said:

 Better option for you is likely to travel there then get married and file cr-1. About a year wait for the visa but she will be able to travel and work right away.

this ^

[Kreyandor 0]

6 minutes ago, Boiler said:

When is she due to finish her studies.

 

Have you met?

1 year left of her studies. Yes we have met almost every 3 months, January will be our 2 year together.

[Boiler 45,531]

Marry and file now and she should be good to go not long after she qualifies.

[Kreyandor 0]

18 minutes ago, ThomasNC1988 said:

Well, sadly your plan will not work. For k-1 there is a 9-12 month wait for the visa then she must stay at least 6 months before she can leave the country again so it just will not work. Better option for you is likely to travel there then get married and file cr-1. About a year wait for the visa but she will be able to travel and work right away.

Just a thought, this means i can't use K1 visa, get married and she goes back to Australia and apply for CR-1 visa? I guess the only option would be to get married elsewhere then?

Just now, Boiler said:

Marry and file now and she should be good to go not long after she qualifies.

Hi Boiler, can you elaborate more? 

[ThomasNC1988 762]

Just now, Kreyandor said:

Just a thought, this means i can't use K1 visa, get married and she goes back to Australia and apply for CR-1 visa? I guess the only option would be to get married elsewhere then?

Well you could but that would be about a 2 year process.

[Boiler 45,531]

Cr1 say takes 14 months, a bit longer than the K1 and then she would have her GC and good to go.

[Kreyandor 0]

Thanks everyone...your advice was very helpful.

[Daniela M_______ 410]

13 hours ago, Kreyandor said:

this means i can't use K1 visa, get married and she goes back to Australia and apply for CR-1 visa? I guess the only option would be to get married elsewhere then?

You can't use both visas in a same process. If you ask K1 visa she would enter the us after having it (8-12 months) and have to get married with you within 90 days and THEN file for AOS.

 

If you decide to marry in Australia then you file for CR1 and after visa is granted (12-14 months) she would just move with you to the US, no AOS needed.

 

If she has a valid tourist visa, she could visit you, get married in the US, but then she has to go back to Australia and it's the same, as you would be already married you could file CR1 for her and she (or you) could visit while getting the approval (12-14 months).