K-1 the right visa?

[Caitlin Kennedy 67]

My boyfriend and I of three years have been flying back and forth from Chicago to London. He proposed two weeks ago and ready to begin the process. Is the K-1 fiancé visa the right visa? what is the first step? I read, file a petition for alien fiancé I-129F? I am brand new to this and nervous! Help!

Edited June 9, 2019 by Caitlin Kennedy

[geowrian 22,337]

Congrats.

 

K-1 would be for a fiance, so that's fine. Or you can marry and do a CR-1 for a spousal visa. Both are fine and with their own pros and cons.

 

https://www.visajourney.com/content/compare/

Ignore the K-3..that's not a viable path anymore.

[Cathi 5,748]

Follow the guides at the top of the page. Good luck.

[JFH 12,190]

I’m frombthe U.K. also. Personally, I think the CR-1 spousal visa has more benefits for people in our situation (VWP eligible). I assume you are of working age? The U.K. person can come here on the VWP and marry then return to the U.K. whilst awaiting the visa process to be completed. You can both continue to visit back and forth during the process. London is a very easy and quick embassy to get through. 

 

With the spousal visa the immigrant will be a green card holder immediately and can work, drive, travel overseas, etc from day one here.m with all the rights of permanent residency. It’s a cheaper process. The fiancé visa puts the immigrant in limbo status for many months whilst further paperwork is completed. 

Edited June 9, 2019 by JFH

[Caitlin Kennedy 67]

CR-1 seems like people who are already married, we are not. So k-1 would make more sense. Unless you did the travel visa, got married, (which has its own risks we do not want to take) Am I missing anything?

[NikLR 13,227]

Depends on how independent the person immigrating is.  You can't work for 6 months approximately after immigrating.  You also can't drive.  You cannot travel outside of the country so if your mom/best friend/uncle/grandfather... is dying, you need to apply for emergency AP and hope you get there on time. 

 

Edited June 11, 2019 by NikLR

[Caitlin Kennedy 67]

I thought you get a temp working green card while waiting for the real one? we live in Chicago so he doesn't need to drive. he cant travel until he gets the green card, right? I just don't know what other options there are. it seems with the cr-1, he would have to come over on a travel, risk doing a marriage "randomly" even though we have been dating 3 years, then do the cr-1?

[payxibka 10,045]

1 minute ago, Caitlin Kennedy said:

I thought you get a temp working green card while waiting for the real one? we live in Chicago so he doesn't need to drive. he cant travel until he gets the green card, right? I just don't know what other options there are. it seems with the cr-1, he would have to come over on a travel, risk doing a marriage "randomly" even though we have been dating 3 years, then do the cr-1?

What is the risk doing a marriage randomly?

[Caitlin Kennedy 67]

I have always been told that the gov could see it as you came over with the intent of marriage, which is illegal on a travel visa. with k-1 you are telling the gov and less risk involved. We have been dating 3 years, our marriage isn't random at all lol 

[NikLR 13,227]

2 minutes ago, Caitlin Kennedy said:

I thought you get a temp working green card while waiting for the real one? we live in Chicago so he doesn't need to drive. he cant travel until he gets the green card, right? I just don't know what other options there are. it seems with the cr-1, he would have to come over on a travel, risk doing a marriage "randomly" even though we have been dating 3 years, then do the cr-1?

He can get the EAD, however, it takes about 6+ months currently.  You may want to ask him how much he wants to ride the bus or take taxis or uber.  You really can't make that decision for him.  

 

There's no risk to getting married in the USA or Canada.  Heck get married on a resort in Mexico if you want to.  It's the staying after the marriage without a K1 that's an issue, not the wedding.

[payxibka 10,045]

Just now, Caitlin Kennedy said:

I have always been told that the gov could see it as you came over with the intent of marriage, which is illegal on a travel visa. with k-1 you are telling the gov and less risk involved. We have been dating 3 years, our marriage isn't random at all lol 

Huh?  If that was true then destination venues such as Hawaii or Vegas would be pissed

[Caitlin Kennedy 67]

So after you get married on a travel visa apply for the cr-1? would he have to go back? 

[payxibka 10,045]

Just now, Caitlin Kennedy said:

So after you get married on a travel visa apply for the cr-1? would he have to go back? 

You got it.  

[Caitlin Kennedy 67]

When you do a "random" wedding in Vegas, most people are doing it without a visa involved. the gov could look at it saying that he came with the purpose of marriage, which is illegal. 

Edited June 11, 2019 by Caitlin Kennedy

[payxibka 10,045]

Just now, Caitlin Kennedy said:

When you do a "random" wedding in Vegas, most people are doing it with a visa involved. the gov could look at it saying that he came with the purpose of marriage, which is illegal. 

It is not illegal to get married.