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Kaylgirl

A major confusion has come up about the K1 process.

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Filed: K-1 Visa Country: Australia
Timeline

Hello, my fiance are getting ready to submit our I-129F petition. I am aware we must get married upon his entry to the United States. I was under the impression that once we get married he can stay in the US with me. However, I just read that the Adjustment of Status can take 4-6 months so does that mean he has to go back to Australia after marriage? If this is the case I am very worried about wait times to be together.

I am going to be in Australia in August. Should we just get married and do the spousal visa then? Would that be quicker? Anything helps. Thanks.

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Filed: Citizen (apr) Country: Taiwan
Timeline

Once a proper I-485 is filed, he will be granted "authorized stay" status until the I-485 is approved or denied.  

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

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Filed: Citizen (apr) Country: Taiwan
Timeline

I highly suggest you, at least, consider a spousal 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.
   


 

Edited by Crazy Cat

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

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1 hour ago, Kaylgirl said:

Hello, my fiance are getting ready to submit our I-129F petition. I am aware we must get married upon his entry to the United States. I was under the impression that once we get married he can stay in the US with me. However, I just read that the Adjustment of Status can take 4-6 months so does that mean he has to go back to Australia after marriage? If this is the case I am very worried about wait times to be together.

I am going to be in Australia in August. Should we just get married and do the spousal visa then? Would that be quicker? Anything helps. Thanks.

If he comes in on a K1 visa, you have to get married within 90 days, then file AOS. During that time he gets to stay in the US. See the list of things that follows the k1 option as provided by @Crazy Cat above

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On 4/8/2022 at 12:29 PM, Kaylgirl said:

I just read that the Adjustment of Status can take 4-6 months

Not correct.  AOS can take up to two years.  The EAD/AP (work + travel auth) is currently taking 8-12 months.

 

If working or being able to leave the US are important to him, a spousal visa is a much better choice.

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