Any US Citizen living outside of the USA with their partner and applying for the Fiancé Visa?

[ValeCali 2]

I'm wondering if anyone else is applying for the Fiance Visa from outside of the USA? 

 

I am a US Citizen living in Australia (partners home country) with my partner.  We have been living together in Australia for over 2 years and we want to move to the USA on a Fiance visa.  Anyone else in a similar scenerio? 

 

[aaron2020 11,651]

You should consider getting marry and filing for a CR1 spousal visa.

 

A CR1 spousal visa automatically gets a green card upon entry.  The person can work and travel internationally.

 

A K-1 would require AOS before getting a green card.  While waiting for the green card, the K-1 can not work for 5-7 months while waiting for the EAD.  Furthermore, the AOS would be abandoned if the person left the US without AP which also takes about 5-7 months to get.

[ValeCali 2]

18 minutes ago, aaron2020 said:

You should consider getting marry and filing for a CR1 spousal visa.

 

A CR1 spousal visa automatically gets a green card upon entry.  The person can work and travel internationally.

 

A K-1 would require AOS before getting a green card.  While waiting for the green card, the K-1 can not work for 5-7 months while waiting for the EAD.  Furthermore, the AOS would be abandoned if the person left the US without AP which also takes about 5-7 months to get.

We are not married yet and don't intend to do so until we arrive to the US, hence applying for the fiance visa.  

 

My question is primarily to see who is in a similar boat and to hear from their experiences so far. 

 

Edited March 22, 2019 by ValeCali

[aaron2020 11,651]

1 minute ago, ValeCali said:

We are not married yet and don't intend to do so until we arrive to the US, hence applying for the fiance visa.  

Ok.  Be aware of the downsides of a K1 visa.  

[ValeCali 2]

2 minutes ago, aaron2020 said:

Ok.  Be aware of the downsides of a K1 visa.  

From my understanding of the official USCIS site, the EAD does not take long (what you listed as 5-7 months) on average to receive.  Am I completely wrong? 

[SalishSea 17,833]

1 minute ago, ValeCali said:

From my understanding of the official USCIS site, the EAD does not take long (what you listed as 5-7 months) on average to receive.  Am I completely wrong? 

It absolutely takes that long.

[aaron2020 11,651]

1 minute ago, ValeCali said:

From my understanding of the official USCIS site, the EAD does not take long (what you listed as 5-7 months) on average to receive.  Am I completely wrong? 

You are completely wrong.  Search on VJ.  The current wait for the EAD/AP card is 5-7 months.  

[ValeCali 2]

oh fml. So what do people do while they can't work? 😳

[accumbyte 149]

10 minutes ago, ValeCali said:

From my understanding of the official USCIS site

It says "4.5 Months to 6.5 Months":

1. Go to https://egov.uscis.gov/processing-times/
2. Select I-765 for "Form"
3. Select National Benefits Center for "Field Office or Service Center"

18 minutes ago, ValeCali said:

We are not married yet and don't intend to do so until we arrive to the US, hence applying for the fiance visa.

As an Australian your partner can travel to the US with ESTA. Your partner can visit and marry in the US, and then leave:

Then you start the better CR-1 process.

Edited March 22, 2019 by accumbyte

[aaron2020 11,651]

Just now, ValeCali said:

oh fml. So what do people do while they can't work? 😳

Volunteer.  Craft.  Complain about not being able to work.  

 

You will find many people who went the K-1 route wishing they had gone the CR-1 spousal visa route.  It's rare to find someone who when the CR-1 spousal visa route who wished they had gone the K-1 route.

 

The inability to work while waiting 5-7 months is one of the major drawback of the K1.  Waiting 5-7 months for AP so the beneficiary can leave the US without abandoning the process is another major drawback.  

[SalishSea 17,833]

2 minutes ago, ValeCali said:

oh fml. So what do people do while they can't work? 😳

My husband has been fixing stuff at home, hanging out with our dogs, serving as a volunteer rugby referee, etc.  

 

But yeah, it has sucked.   He is now actively job searching, after having received his combo card after 132 days.  We lucked out as it was relatively fast, as compared to others here.

[ValeCali 2]

2 minutes ago, aaron2020 said:

Volunteer.  Craft.  Complain about not being able to work.  

 

You will find many people who went the K-1 route wishing they had gone the CR-1 spousal visa route.  It's rare to find someone who when the CR-1 spousal visa route who wished they had gone the K-1 route.

 

The inability to work while waiting 5-7 months is one of the major drawback of the K1.  Waiting 5-7 months for AP so the beneficiary can leave the US without abandoning the process is another major drawback.  

lol! 

 

How long does the CR-1 spousal visa take to process?  

[Boiler 45,522]

15 months

[aaron2020 11,651]

Currently about 12-15 months.  A couple of months slower than a K1. 

[Ate 180]

1 hour ago, ValeCali said:

We are not married yet and don't intend to do so until we arrive to the US, hence applying for the fiance visa.

 

Many couples who choose K1 over CR1 do so because they want to be together a bit sooner or they are not able to marry at the foreign partner's home country (for example, same-sex marriages).  Since you already live together in Australia, I doubt either of those considerations apply to you.

 

With K1, you may be able to finish the entire process around 3 months faster than if you had chosen CR1.  But at the end of the K1 process, your fiance only gets a single-entry visa, no green card, no authorization to work.

 

Here are some K1 estimates for you:

• K1 visa:  around 8 to 12 months from filing of petition to visa in hand
• AOS processing:  varies depending on where you live in the US - could be less than 6 months, could be more than 23 months after filing (can file only after wedding in the US)
• EAD/AP processing:  around 4.5 to 6.5 months from filing

All of the above versus:

• CR1 visa:  around 12 to 15 months from filing of petition to visa in hand (LPR status gained immediately upon entry into the US)

 

Whichever path you choose, I wish you well on your visa journey!