A major confusion has come up about the K1 process.

[Kaylgirl 1]

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.

[Crazy Cat 41,888]

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

[Crazy Cat 41,888]

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 April 8, 2022 by Crazy Cat

[randy32 165]

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

[Chancy 6,241]

*** Moved from K1 Progress Reports to What Visa Do I Need -- OP has not filed a petition yet and is re-considering visa options ***

 

1 hour ago, Kaylgirl said:

I was under the impression that once we get married he can stay in the US with me.

 

Marriage, by itself, does not grant any US immigration status, even if the foreigner entered with a K1 visa.  As mentioned above, your spouse-to-be will only be allowed to stay beyond 90 days after getting married AND filing an I-485 for Adjustment of Status (AOS).  AOS can take many months or even years.  Your spouse can stay in the US while his AOS is pending.

 

As to whether K1 or CR1 will be quicker, the answer is -- neither will be quick.  You and your fiance need to understand that there will be no guaranteed timeframes, whichever immigration path you choose.  No one here can predict how long either path will take for your particular case.  We can only give you estimates based on anecdotal reports, but there will always be outliers.  As such, it may not be wise to make this life-changing decision based on unpredictable wait times.  Instead, I recommend considering the tangible pros and cons of each visa type.  From @Crazy Cat's list, it should be obvious that CR1 is the superior visa.  The only "negative" for the CR1 in your case is that you cannot file a petition right now.  You will need to marry and meet in person again before you can start the process.

 

[SalishSea 17,836]

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.