Spain to US - Fiancé or Spouse Visa?

[Emery 0]

I am a US citizen and my fiancé is a Spanish citizen. We plan on getting married in Spain in August then moving to the US as soon as possible once we are married. We are unsure of the fastest way to get to the US in our situation. Should we apply for the fiancé visa now even though she will be my wife by the time she receives it? Or do we have to wait until we are married in Spain then apply for the spouse visa? Thanks so much for any advice! 

[Crazy Cat 41,899]

Since you are going to marry in August, the K-1 fiance visa is not an option.  In addition, you must be married prior to starting the spousal visa process:

 

 

The CR-1 spousal visa is considered by many of us to be a superior option:

 

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

K-1
      
    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.
    A denied K-1 is sent back to USCIS to expire
  

CR-1
   

    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.
  �

 

Edited April 2, 2021 by Lucky Cat

[Crazy Cat 41,899]

Immigration is not fast.  Currently the spousal visa process will take 12-24 months.

[Crazy Cat 41,899]

You have much to learn.  You have found the right place to start.

[Emery 0]

6 minutes ago, Lucky Cat said:

You are going to marry in August, the K-1 fiance visa is not an option.  In addition, you must be married prior to starting the spousal visa process:

 

 

Would it be faster then to only have a ceremony in Spain but not be legally married until we are in the US so we can start the fiancé visa now?

[Crazy Cat 41,899]

2 minutes ago, Emery said:

Would it be faster then to only have a ceremony in Spain but not be legally married until we are in the US so we can start the fiancé visa now?

No.  A ceremony could be be seen as a legal marriage.  Right now, K-1 visas are not much, is any, faster than a spousal visa.

[powerpuff 6,713]

7 minutes ago, Emery said:

Would it be faster then to only have a ceremony in Spain but not be legally married until we are in the US so we can start the fiancé visa now?

Fiancé visa is to marry in the US. It’s advised to NOT do any ceremonies (even if symbolic) because if it comes out and becomes known (which it might), they will deny your fiancé visa as they will consider you married. If you want to go the fiancé visa route, only have the ceremony in the US. 
 

With consulates in Europe not processing fiancé visa since March 2020, I don’t think it makes much sense to choose this as it won’t be faster unfortunately. There’s gonna be a huge backlog once they do begin processing them (and nobody knows when that will be).
 

 

Edited April 2, 2021 by powerpuff

[Emery 0]

Thank you everyone for all the help 🙂

[DaveAndAnastasia 2,092]

Also, you probably should look into what's involved in a Spanish citizen marrying a foreigner in Spain if you haven't already (have no idea if it's complicated or not); if you're trying to move things along faster it might be better to meet in a third country where two foreigners can marry quickly soon and legally marry there (Mexico maybe? Currently finding places where both partners can get to reasonably and then marry quickly is trickier than normal.), file the initial paperwork for a CR-1, and then have your ceremony in Spain in August.

[Strawberrymermaid 346]

1 hour ago, Emery said:

I am a US citizen and my fiancé is a Spanish citizen. We plan on getting married in Spain in August then moving to the US as soon as possible once we are married. We are unsure of the fastest way to get to the US in our situation. Should we apply for the fiancé visa now even though she will be my wife by the time she receives it? Or do we have to wait until we are married in Spain then apply for the spouse visa? Thanks so much for any advice! 

Hello! The first thing to note is that this will be a long process before you can both live in the US together. Not months but years most likely. So swallowing that first hard pill is the best medicine to deal with this process. It is hard and long but thankfully there's others who are going through the same that can help guide along. The k1 visa has not been issued in Schengen areas of Europe except for emergencies or lawsuits since March of 2020 due to the Schengen area ban. The CR1 visa has though, as it is not subject to the ban. One of the requirements of the K1 is that you must be free to marry so that will not work if you are already married. Unless the petitioner is able to stay in the beneficiary's country while processing (or a 3rd country), you most likely will have to be apart during at least part of the process. Processing times are all over the place due to COVID.

[SalishSea 17,842]

4 hours ago, Emery said:

I am a US citizen and my fiancé is a Spanish citizen. We plan on getting married in Spain in August then moving to the US as soon as possible once we are married. We are unsure of the fastest way to get to the US in our situation. Should we apply for the fiancé visa now even though she will be my wife by the time she receives it? Or do we have to wait until we are married in Spain then apply for the spouse visa? Thanks so much for any advice! 

Whichever process you choose, it will be a couple of years before your partner can live in the US.  I suggest you read and research as much as you can about immigration.  Making mistakes along the way can cost you time and money.

[Ryan H 3,812]

Moved from K1 Process & Procedures to What Visa Do I Need - Family Based Immigration forum.

[Beegirl 21]

The marriage visa is longer and more expensive upfront. You do the same amount of paperwork in the end the only difference is again the marriage one is all done upfront on initial application.

 

The only benefit to K1 is that you can at least do the waiting together for the green card together since the process is a bit faster. EVERYTHING is lower now due to Corona. So the fiancé visa which from sending the application to interview would take 4-8 months is taking twice as long and the marriage visa which use to be about a year or 18 months is also taking twice as long. 

Edited April 4, 2021 by Beegirl

[Crazy Cat 41,899]

3 minutes ago, Beegirl said:

The only benefit to K1 is that you can at least do the waiting together for the green card together since the process is a bit faster.

I hear that the limbo period between arriving via a K-1 and actually receiving a Green card is not fun.  6-8 months before the ability to work or leave the country...and more potential difficulties.

[Beegirl 21]

Just now, Lucky Cat said:

I hear that the limbo period between arriving via a K-1 and actually receiving a Green card is not fun.  6-8 months before the ability to work or leave the country...and more potential difficulties.

Yes it’s about 6 months now. It’s grueling but at least you will be together as opposed to that 6 months being rolled into the processing for CR1 when you’ll be apart. Either together and wait or apart and wait. It’s an easy choice for me. 
 

You can get a SSN easily though once arrived with K1 and depending on the state you could get a drivers license and can definitely open a bank account. Not sure about leases however.