Visa Options for Young Couple

[Grandpa Ed 3]

Hi everyone. I’d appreciate any insights or guidance I can get on this.

 

Our grandson is a native-born Filipino but living here now and an American citizen. But at the moment, he is going to college in the Philippines where it is affordable.  He is early in his third year.

 

He has been in a serious relationship for the past two years with a lovely young woman in the same town he is living in. They want to get married. They would like to have her come to the United States with my grandson as soon after he graduates as possible.  Given the long lead time on processing visas these days, they are considering either starting the K-1 process now, or getting married now and starting the spousal visa process.

 

Does anyone have any insights on the relative pros and cons of the two options from an immigration standpoint, either as to the time it is taking to get a visa or any other aspect of the process?  I’d like to help guide them if I can. 

[Rocio0010 5,579]

Paging @Crazy Cat

[IWander 589]

1 minute ago, Rocio0010 said:

Paging @Crazy Cat

Get married and file for a spouse visa

[Crazy Cat 41,761]

45 minutes ago, Grandpa Ed said:

Hi everyone. I’d appreciate any insights or guidance I can get on this.

 

Our grandson is a native-born Filipino but living here now and an American citizen. But at the moment, he is going to college in the Philippines where it is affordable.  He is early in his third year.

 

He has been in a serious relationship for the past two years with a lovely young woman in the same town he is living in. They want to get married. They would like to have her come to the United States with my grandson as soon after he graduates as possible.  Given the long lead time on processing visas these days, they are considering either starting the K-1 process now, or getting married now and starting the spousal visa process.

 

Does anyone have any insights on the relative pros and cons of the two options from an immigration standpoint, either as to the time it is taking to get a visa or any other aspect of the process?  I’d like to help guide them if I can. 

 

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 K-1 might be a better choice when 18-21 year old children are immigrating also
  In some situations, marriage can affect certain Home country benefits, making a K-1 a better choice 
  A denied K-1 is sent back to USCIS to expire
  K-1 entrant cannot file for citizenship until after having Green Card for 3 years.
  Once an I-129F has been approved, delaying the case is difficult to impossible if the need arises.

CR-1/IR-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.
  The clock for citizenship filing starts immediately upon entry to the US.
  A CR-1/IR-1 case can be delayed indefinitely at NVC if the need arises. 
   

 

[SalishSea 17,786]

Unlikely she would have an immigrant visa by the time he’s graduating, but definitely start the process asap, as it can take up to two years.

[D-R-J 192]

The fastest way would be for him to do direct consular filing under exceptional circumstances (job offer). The issue here is that it is up to the embassy’s discretion on whether to except the filing or not.

 

He can’t have submitted the I-130 previously through normal processing, so this is a bit risky, but it might give them more time to make sure they are indeed a good match before getting married.

 

It is something worth looking into so you understand all your options and the risks.

Edited October 17, 2023 by D-R-J

[Noname93 200]

K1 doesn't make much sense if they're living in the same town.