Marrying in the United States or apply for K1 Fiancé Visa

[HKboyInUSA 0]

Hi. My girlfriend is from Hong Kong (where she has the passport of), we met a year and a half ago in Canada (she has post-graduation work permit there), we fell in love. I immigrated to USA with my parents when 7-8 years ago, and I recently became US citizen. (Still waiting for my passport to come in, already applied for it.) It’s been 1 year that I have travel back and forth and she too as well (she has B2 Visa with her HK passport.) We are thinking about marrying in the USA. And we both agreed that we want to live in the United States after our marriage. What is the best way? I have heard something about K1 Fiancé Visa, but it takes quite a while, also heard of filing adjustment of status after we marry here in the USA, heard that it is not a very safe bet. Any help would be greatly appreciated!!! Thank you for your time.

[Crazy Cat 41,845]

***Move to What Visa Do I Need*****

Every couple has their own priorities, and each couple must decide which visa is better for their situation.

K-1
    Slightly faster arrival in the US (currently about 5 months sooner)    
    More expensive than CR-1    
    Requires Adjustment of Status after marriage (expensive and requires a lot of paperwork)    
    Spouse can not leave the US until she/he receives approved Advance Parole (approx 5-6 months)    
    Spouse can not work until she/he receives EAD (approx 5-6 months)    
    Some people have had problems with driver licenses, Social Security cards, leases, bank account during this period    
    Spouse will not receive Green Card for many months after Adjustment of Status is filed.

  

CR-1
    Slightly slower arrival in the US (currently about 5 months later)

    Less expensive than K-1    
    No Adjustment of Status(I-485, I-131, I-765) required.    
    Spouse can immediately travel outside the US    
    Spouse is authorized to work immediately upon arrival.    
    Spouse receives Social Security Card and Green Card within 2 or 3 weeks after entering the US    
    Opening a bank account, getting a driver's license, etc. are very easily accomplished with GC, SS card, and passport.

    Spouse has legal permanent Resident status IMMEDIATELY upon entry to US.
   

 

[Crazy Cat 41,845]

She can not enter the US via a non-immigrant route with the intent to adjust status.....that is visa fraud......

[payxibka 10,045]

5 minutes ago, HKboyInUSA said:

Hi. My girlfriend is from Hong Kong (where she has the passport of), we met a year and a half ago in Canada (she has post-graduation work permit there), we fell in love. I immigrated to USA with my parents when 7-8 years ago, and I recently became US citizen. (Still waiting for my passport to come in, already applied for it.) It’s been 1 year that I have travel back and forth and she too as well (she has B2 Visa with her HK passport.) We are thinking about marrying in the USA. And we both agreed that we want to live in the United States after our marriage. What is the best way? I have heard something about K1 Fiancé Visa, but it takes quite a while, also heard of filing adjustment of status after we marry here in the USA, heard that it is not a very safe bet. Any help would be greatly appreciated!!! Thank you for your time.

Having her enter on a nonimmigrant Visa with the preconceived intent to seek an immigrant benefit is a very slippery slope 

[SalishSea 17,829]

You can certainly marry in the US while she is visiting.  However, after the date of allowed stay stamped in her passport, she will need to return to HK to wait out the CR-1 visa processing time.

 

Edited to add:  if she is still a legal resident of Canada, she can of course go back and wait there for the visa.

Edited May 11, 2019 by Jorgedig

[Roel 7,192]

Either K1 or CR1 visa. Only two legal ways to immigrate to the US.

Sorry to break your bubble, but immigration takes TIME and patience.

[payxibka 10,045]

2 minutes ago, Roel said:

Either K1 or CR1 visa. Only two legal ways to immigrate to the US.

I can think of a few more

[Roel 7,192]

4 minutes ago, payxibka said:

I can think of a few more

Yes, well, in this case yes. They are asking about "family" based immigration, not work visa or DV lottery. Quit nitpicking.

[payxibka 10,045]

1 hour ago, Roel said:

Yes, well, in this case yes. They are asking about "family" based immigration, not work visa or DV lottery. Quit nitpicking.

Hahaha.  No

[Roel 7,192]

36 minutes ago, payxibka said:

Hahaha.  No

Come on, don't be like that?  I thought I hold the title of the biggest "arsehole" of this forum. I don't like competition. 😛

[Crazy Cat 41,845]

1 minute ago, Roel said:

Come on, don't be like that?  I thought I hold the title of the biggest "arsehole" of this forum. I don't like competition. 😛

Roel: " I thought I hold the title of the biggest "arsehole" of this forum"

Payxibka:  "Hold my beer"..

 

Just joking!!!!!!  🤣