K1 the right option - what should I do while he is here?

[Batoutofaus 0]

My partner and I met online in 2018, he was originally planning to come visit in October of 2020. We all know how that turned out.

 

He's finally here and I want to get the process started ASAP.  We've been taking photos together and traveling the US. I was planning to submit the I 129 and related forms while he is here so we can avoid the Australian post. 

 

Anything else we can do while we are together? Our biggest concern is being together asap. It's the k1 the right choice?

 

(He's between jobs atm and I am old enough that fertility is a big concern.) 

 

His flight home is in 2 weeks and I want to get as much done as we can. 

[Crazy Cat 41,476]

A K-1 for someone (beneficiary) currently inside the US make no sense at all, imo.

 

Option 1:  Stay and adjust status

Option 2:  Marry and start the spousal visa process.

My 2 cents.

Edited February 21, 2022 by Crazy Cat

[canadian_wife 1,808]

Who is the US citizen in this case?

 

good luck

[Batoutofaus 0]

Just now, Crazy Cat said:

A K-1 for someone (beneficiary) currently inside the US make no sense at all, imo.

He's on an ESTA. 

Just now, canadian_wife said:

Who is the US citizen in this case?

 

good luck

I am, he is currently visiting me from Australia. 

[Batoutofaus 0]

2 minutes ago, Crazy Cat said:

A K-1 for someone (beneficiary) currently inside the US make no sense at all, imo.

 

Option 1:  Stay and adjust status

Option 2:  Marry and start the spousal visa process.

My 2 cents.

I thought the AOS wasn't allowed since he is here on a tourist visa. 

[Crazy Cat 41,476]

Just now, Batoutofaus said:

He's on an ESTA. 

A K-1 makes zero sense, in my opion.

Option 1:  Marry, stay, and adjust status (Beneficiary cannot leave the US or work for up to 8 or 9 months).

Option 2:  Marry and start the spousal visa process.  Beneficiary would return to home country to finish process.

Just now, Batoutofaus said:

I thought the AOS wasn't allowed since he is here on a tourist visa. 

That is inaccurate.  Visa Journey is full of people who have done it. 

[Crazy Cat 41,476]

 

[Crazy Cat 41,476]

Even if he doesn't stay and adjust status, marrying and starting the spousal visa process is much, much better than a K-1.  

 

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 6-8 months)    
    Spouse can not work until she/he receives EAD (approx 6-8 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.
   

 

[Mike E 11,739]

1 hour ago, Batoutofaus said:

 He's between jobs atm and I am old enough that fertility is a big concern.) 

Since you want to make a baby with this man and you have concerns about time running out your own fertility, then it is a clear what you should do.  Get married, file the adjustment of status package before his ESTA’s I-94 expires, and focus on making that baby while waiting for the process to play out.  
 

 

Hopefully you don’t go into labor on the day he has his green card interview.  😀
 

 

[SalishSea 17,665]

2 hours ago, Batoutofaus said:

My partner and I met online in 2018, he was originally planning to come visit in October of 2020. We all know how that turned out.

 

He's finally here and I want to get the process started ASAP.  We've been taking photos together and traveling the US. I was planning to submit the I 129 and related forms while he is here so we can avoid the Australian post. 

 

Anything else we can do while we are together? Our biggest concern is being together asap. It's the k1 the right choice?

 

(He's between jobs atm and I am old enough that fertility is a big concern.) 

 

His flight home is in 2 weeks and I want to get as much done as we can. 

Most adults are not in a position to just abruptly abandon their lives and do AOS, without the possibility of returning home for 8 months or so.  My (now) husband definitely could not have done that on any of his many visits - he had the strong ties to home that enabled him to travel on the VWP (kids, job, home).

 

If you are certain about marrying someone you've only met in person this once, you can marry, and he can return home during the petition/NVC process.

 

If you want him to stay without going back, you can marry and he can stay.  Be aware that he won't be able to work or travel during the first 8+ months, which would be the same situation if he were here on a K-1.

[millefleur 5,045]

2 hours ago, Batoutofaus said:

I thought the AOS wasn't allowed since he is here on a tourist visa. 

It is completely allowed. We have a whole forum dedicated to that:

https://www.visajourney.com/forums/forum/130-adjustment-of-status-from-work-student-amp-tourist-visas/

 

You have a bunch of different options but AOS and having him stay in the US seems to make the most sense for your needs if you want to be together ASAP and work on building a family. Just consider that he won't be able to work/travel abroad during that time and weigh up the pros and the cons of that versus the others.

 

[Redro 4,611]

9 hours ago, Batoutofaus said:

My partner and I met online in 2018, he was originally planning to come visit in October of 2020. We all know how that turned out.

 

He's finally here and I want to get the process started ASAP.  We've been taking photos together and traveling the US. I was planning to submit the I 129 and related forms while he is here so we can avoid the Australian post. 

 

Anything else we can do while we are together? Our biggest concern is being together asap. It's the k1 the right choice?

 

(He's between jobs atm and I am old enough that fertility is a big concern.) 

 

His flight home is in 2 weeks and I want to get as much done as we can. 

His flight is in 2 weeks but when does his 90 days end? 

If you are sure you want to marry this person and try to have children with them. Get married ASAP and file to adjust status. 

Does your partner have his birth certificate on him right now?

If he doesn't you might have to deal with the Australian postal service as he needs that document to adjust status. 

Be aware he won't be able to leave the country or work for up to 8 months. 

If he needs to return to Australia to finish up business, get married in the States before he leaves and file the paperwork online.