Fiancé or marriage

[Ann Van Loan 0]

I am trying to get my future son-in-law to the United States . My daughter has been with Emmanuel for nearly 10 years and she is now pregnant. She will be flying back to the US in May to have the baby here. I have filled out paperwork the best I can along with much of the sponsorship papers fr the 184. I really need help. I would love to have Emmanuel here for the baby's birth which will be around August. Emmanuel is Columbian and has just received his paperwork, I.e.identification and passport. We have met Emmanuel and absolutely love him and want him here with us. Please give me some advise...what would be better, a fiancé visa or a marriage visa?  Should they get married in Columbia or wait before she comes home?  What about a tourist visa? Do I contact an attorney (the closest one is over 300 miles away)?  Are the laws changing this month, I heard someone say that it was changing?  I have so many questions and not sure which way to turn. 

[SalishSea 18,069]

9 minutes ago, Ann Van Loan said:

I am trying to get my future son-in-law to the United States . My daughter has been with Emmanuel for nearly 10 years and she is now pregnant. She will be flying back to the US in May to have the baby here. I have filled out paperwork the best I can along with much of the sponsorship papers fr the 184. I really need help. I would love to have Emmanuel here for the baby's birth which will be around August. Emmanuel is Columbian and has just received his paperwork, I.e.identification and passport. We have met Emmanuel and absolutely love him and want him here with us. Please give me some advise...what would be better, a fiancé visa or a marriage visa?  Should they get married in Columbia or wait before she comes home?  What about a tourist visa? Do I contact an attorney (the closest one is over 300 miles away)?  Are the laws changing this month, I heard someone say that it was changing?  I have so many questions and not sure which way to turn. 

You cannot petition for him, your daughter needs to do that.  Your daughter will be the primary sponsor as well.  Any I-864 for joint sponsorship isn’t required until months/year from now.  
 

There are pros and cons to each visa type.  She should join VJ and start researching which visa will suit them.  The key to success in petitioning a potential immigrant is lots and lots of reading and research.

 

From  what  you have mentioned, I don’t see him getting approved for a tourist visa, although like anyone with $160, he’s free to apply.

 

Lawyers are usually not helpful unless there are past overstays/waivers/criminal background issues.

[Crazy Cat 42,033]

Every couple has their own priorities, and each couple must decide which visa is better for their situation.  An August time frame for either of these two visas is not realistic.

K-1
    Slightly faster arrival in the US 
    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 

    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 42,033]

@Ann Van Loan, the average times from filing to interview is (as reported by other VJ members)

 

K-1 Fiance Visa: 223 days plus any required administrative processing
CR-1 Spousal Visa (after marriage):  478 days plus any required administrative processing

 

 

Edited February 8, 2020 by missileman

[Just Paul 4,595]

Your daughter will have to petition him if she wants to have him here to immigrate. Whether she chooses the fiancee or spousal, she will need to get caught up on her US tax filing and before the interview be able to either show she has US domicile or will re-establish domicile.

 

You can be a joint sponsor but that does not come into play until much further in the process.

 

[JFH 12,191]

*~*~*moved from “K-1 fiancé visa process and procedures” to “what visa” as the options are still being considered*~*~*

[JFH 12,191]

The decision whether to pursue a fiancé visa or to marry first and pursue a spousal visa is a personal decision for each couple. There are pros and cons for each path and it will be up to them as to what suits them best. It’s laudable that you wish to help but you cannot do anything, except offer your emotional and financial support, to assist them. 
 

Personally, I favour the spousal visa. Especially as they have decided to have a baby together already. With a spousal visa the father will be able to work as soon as he arrives and with a child already they will need all the money they can get. With a fiancé visa he will not be able to work for many months which will leave your daughter having to feed and clothe three people (and provide healthcare from the marketplace for her husband) for several months single-handedly. Yes, the spousal visa takes longer but offers a better start to life here in his new homeland. They have already done plenty of thinking with their hearts, now is the time to start thinking with their heads. Immigration is a long-term decision and requires long-term planning. The quickest way is usually not the best way. What’s a couple of months apart when they have decades ahead of them? Military spouses cope with such periods of separation. 
 

Neither visa path will have him here in time for the birth. But that’s a choice they’ve made. 

Edited February 9, 2020 by JFH

[Oliversmom 250]

I too favor the spouse visa for the same reasons.  My husband came on the spouse visa because he wanted to be able to work right away.  And he wanted to know if there was an emergency with his family he would be able to travel right away.  It does sound like since your daughter will have it new baby then he will want to work right away to support them.  

Also if he comes on fiancé visa they will have to apply for AOS which I believe is around $1,225 - not sure if that is the exact amount.  But I have read many posts on here where the USC can't apply for AOS due to finances and the fiancé is stuck here unable to work and unable to travel and in some states unable to drive.  

It is a personal decision that they will have to make but that is my opinion.