Unclear about AOS or Spousal visa

[lovinglive 24]

Hello all,

 

I appreciate if you could help advise about these two choices:  AOS or Spousal visa.

 

I'm the US citizen partner and my fiancee and I have lived overseas together for several years.  If we go for a spousal visa we could be overseas but it sounds like the process is longer and more difficult as it involves several different entities, you have to wait for an interview, among other things like documents.

 

But of course it's hard to get a clear answer of how long things will take since things have been backed up for a while due to Covid.

 

My main concern about going for AOS is that my fiancee will not be able to travel, at least until she gets advanced parole.  It seems like getting advanced parole will take 6-8 months according to a chart on visa journey showing members' recent experiences.

 

Also, once my fiancee gets advanced parole, is travel pretty limited or they can go overseas for a length of time?  Advice I have read says just be sure you don't miss your interview.

 

Bottom line is I am not clear about which process to use with the main consideration being the length of the two different processes and the ability to travel our of the country during the process.

 

It would be great any help/advice you are able to provide!!

[Crazy Cat 41,850]

If your fiance is outside the US right now, then Adjustment of Status is not available to her......unless she enters via a K-1 fiance visa.  

 

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.
   

 

[Verrou 1,962]

there's no limit of how long she wants to be in overseas, but i will use advance parole cautiously ( emergency only). and yes, u dont want to miss / reschedule your interview. if money its not an issue, means you can buy airline ticket in a blink of eye, and yes, the moment you receive interview letter, just buy the ticket and fly back to US ( if she's in overseas at that time and use her AP)

 

 

Edited April 6, 2022 by Misscloud

[Dashinka 24,494]

Most people here will recommend pursuing the spousal visa as it is far superior and cheaper than a K1.  Possibly @Crazy Cat will drop by and paste in his comparison list.  As to your AP question, it functions similar to a GC, but keep in mind if you take the K1/AOS route, you have to be available for biometrics and an interview.

 

Good Luck!

 

Looks like @Crazy Cat beat me to it. 

 

Edited April 6, 2022 by Dashinka

[Crazy Cat 41,850]

***Moved to What Visa Do I Need?*****

[JeanneAdil 6,505]

From your January post she is here on tourist visa and u applied for extension as it is expired????

[lovinglive 24]

27 minutes ago, Crazy Cat said:

If your fiance is outside the US right now, then Adjustment of Status is not available to her......unless she enters via a K-1 fiance visa.  

 

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.
   

 

Thank you for your reply,  my fiancee is in the US now, so is eligible for an AOS.  The question is AOS vs. spousal visa.  I guess fiancee visa is also a possibility, so it's really three options:  AOS, spousal visa, or fiancee visa.

 

 

 

 

[lovinglive 24]

30 minutes ago, Misscloud said:

there's no limit of how long she wants to be in overseas, but i will use advance parole cautiously ( emergency only). and yes, u dont want to miss / reschedule your interview. if money its not an issue, means you can buy airline ticket in a blink of eye, and yes, the moment you receive interview letter, just buy the ticket and fly back to US ( if she's in overseas at that time and use her AP)

 

 

So you mean, once you receive advanced parole you can be outside the US for a while, as long as you are OK to buy a ticket quickly to get back for the visa.

 

Usually how long before the interview do they invite you for the interview?  One week or ?

[JeanneAdil 6,505]

In the US u need to marry and go thru the AOS entire process

u do not AOS a fiancee just a spouse 

 

if she leaves and her tourist visa is expired ???? she will have a bar and issues for new visa of any type

 

Edited April 6, 2022 by JeanneAdil

[lovinglive 24]

7 minutes ago, JeanneAdil said:

From your January post she is here on tourist visa and u applied for extension as it is expired????

Thank you for your reply.  When I made that post, my fiancee's visa had not expired, and we didn't apply for an extension as it didn't sound like a good idea (long processing times, and if it is denied the person will be held accountable for overstaying their visa).

[lovinglive 24]

Just as a note to everyone, I say my fiancee but in my mind it is a simple process to get married- one can go from being a fiancee to a spouse in a matter of days.  So as I said my main thought is AOS vs. spousal visa process overseas through consular..

[JeanneAdil 6,505]

4 minutes ago, lovinglive said:

Thank you for your reply.  When I made that post, my fiancee's visa had not expired, and we didn't apply for an extension as it didn't sound like a good idea (long processing times, and if it is denied the person will be held accountable for overstaying their visa).

The u can marry here and AOS $1225 for EAD,   green card,  and AP 

or she can marry here and  leave and u marry in her county and u apply CR1 visa (18 to 24 months wait time)

 

sorry,  if this doesn't make sense crazy cat makes more sense than me and i am writing when tired

 

and looking a posts from members the AOS total processing time is taking about as much time as the CR1 

Edited April 6, 2022 by JeanneAdil

[lovinglive 24]

Just now, JeanneAdil said:

The u can marry here and AOS $1225 for EAD,   green card,  and AP 

or she can marry here and  leave and u marry in her county and u apply CR1 visa (18 to 24 months wait time)

 

sorry,  if this doesn't make sense crazy cat makes more sense than me and i am writing when tired

Yes, that is exactly my question:

 

Marry here and AOS, or

 

marry here, leave and apply for CR1 visa.

 

Which one is better?  That is what I'm asking your help to decide.

[Crazy Cat 41,850]

12 minutes ago, lovinglive said:

Thank you for your reply,  my fiancee is in the US now, so is eligible for an AOS.  The question is AOS vs. spousal visa.  I guess fiancee visa is also a possibility, so it's really three options:  AOS, spousal visa, or fiancee visa.

 

 

 

 

Most people in your situation would marry and file for adjustment.  Just be aware of the travel and work restrictions...... Otherwise, the spousal visa is an option.

Edited April 6, 2022 by Crazy Cat

[JeanneAdil 6,505]

I would Marry here and AOS unless she has any family back home that are real sick (and she may want to go there in a hurry)

or a wedding there in the near future 

its the "not being able to leave the USA "  during the AOS time that sxxks