File and then get married--- or get married and file??

[destinyjoyful 0]

My situation was a bit different so I'm not sure how to advise a friend.

My husband and I live in Texas. He is a Belgian national, but wanted to live and work over here before we got married. He was able to get religious workers visa and then after we were married, we applied for an AOS and it was granted. Because we live in Dallas we were able to apply under DORA and we received his green card within 3 months. We weren't in any rush or didn't have any worries about him going out of status because his R visa was valid for 5 years.

My friend is a UK national. He is marrying an American. They are planning on getting married February of 2008 and will be living in PA.

I was wondering if he should go ahead and apply for a fiance visa. Obviously it would be the best bet, but since they already have a wedding date set, I was wondering if it would actually be possiible for him to get his fiance visa stuff back in time for them to get married in February.

If someone (especially who lives in PA) could let me know what is the best way to advise him, that would be wonderful!

Thanks so much!

-Destiny

[Kez/JWolf 6]

There is no other way for him to do it but to file for a K1 if he want to get married in the us and remain here.... the only other option would be for him to come and get married then leave the US and return to the UK then his wife would file for a K3 or CR1 and once that was approved he could then move over here or they could get married in the Uk and file for K3 or CR1....

Kez

[YuAndDan 153]

This one comes up often, With the K-1 visa don't make any wedding plans until after the visa is in hand. There are way too many variables to this, petition can get hung up in USCIS, at NVC, or even at the Embassy. I have seen too many posts on this site of people all upset because the visa was taking longer than planned, and had to cancel or reschedule a wedding loosing much money in the process.

If a concrete date must be set, marry first either in the USA or Foreign country, and then file for either a K-3, or CR-1 visa.

[destinyjoyful 0]

or they could get married in the Uk and file for K3 or CR1....

Kez

What is a CR1 visa??

[YuAndDan 153]

SEE

http://www.visajourney.com/forums/index.php?showtopic=68220

http://www.visajourney.com/forums/index.php?showtopic=54947

[Kez/JWolf 6]

CR1 = Conditional Resident...

Kez

[YuAndDan 153]

or they could get married in the Uk and file for K3 or CR1....

Kez

What is a CR1 visa??

CR-1 visa is Conditional Resident Visa, it results directly in a conditional green-card being issued, allowing travel and work imediatly upon entry into the USA, it is less expensive than K-3, but takes a little longer to get.

K-3 starts out as a CR-1 filing, and costs much more in the long run.

http://www.visajourney.com/forums/index.ph...mp;page=compare

[pushbrk 12,882]

My situation was a bit different so I'm not sure how to advise a friend.

My husband and I live in Texas. He is a Belgian national, but wanted to live and work over here before we got married. He was able to get religious workers visa and then after we were married, we applied for an AOS and it was granted. Because we live in Dallas we were able to apply under DORA and we received his green card within 3 months. We weren't in any rush or didn't have any worries about him going out of status because his R visa was valid for 5 years.

My friend is a UK national. He is marrying an American. They are planning on getting married February of 2008 and will be living in PA.

I was wondering if he should go ahead and apply for a fiance visa. Obviously it would be the best bet, but since they already have a wedding date set, I was wondering if it would actually be possiible for him to get his fiance visa stuff back in time for them to get married in February.

If someone (especially who lives in PA) could let me know what is the best way to advise him, that would be wonderful!

Thanks so much!

-Destiny

The answers so far all make the assumption the UK national is not already in the US. Please clear that up. If already here, was the decision to marry arrived at before or after his latest entry to the US?

If not here, then either don't set a wedding date or wait until after the wedding to petition for a spouse visa.