I-129f vs I-130

[JDalton16 0]

I am a US citizen and my fiance lives in the UK. I recently met with an immigration lawyer who discussed both the fiance visa and the marriage visa with us because she said they're taking the same approval time now. It also sounded like the marriage visa was more of a sure thing compared to the fiance visa, costs less money, and then he won't have to wait for the ability to work and get a driver's license, etc. My question is: Which is the better route to go? We have been together 3 years and just want to finally start our life together in the US. He applied for a travel visa and was denied because they stated he doesn't have strong enough ties to return to his home country. I would love any advice or to hear other people's experience! Thank you so much!

[pushbrk 12,876]

4 minutes ago, JDalton16 said:

I am a US citizen and my fiance lives in the UK. I recently met with an immigration lawyer who discussed both the fiance visa and the marriage visa with us because she said they're taking the same approval time now. It also sounded like the marriage visa was more of a sure thing compared to the fiance visa, costs less money, and then he won't have to wait for the ability to work and get a driver's license, etc. My question is: Which is the better route to go? We have been together 3 years and just want to finally start our life together in the US. He applied for a travel visa and was denied because they stated he doesn't have strong enough ties to return to his home country. I would love any advice or to hear other people's experience! Thank you so much!

If him working and traveling is important, the solution is to marry and follow the spouse visa route.  Of course, you must marry first.

[Crazy Cat 41,836]

12 minutes ago, JDalton16 said:

I am a US citizen and my fiance lives in the UK. I recently met with an immigration lawyer who discussed both the fiance visa and the marriage visa with us because she said they're taking the same approval time now. It also sounded like the marriage visa was more of a sure thing compared to the fiance visa, costs less money, and then he won't have to wait for the ability to work and get a driver's license, etc. My question is: Which is the better route to go? We have been together 3 years and just want to finally start our life together in the US. He applied for a travel visa and was denied because they stated he doesn't have strong enough ties to return to his home country. I would love any advice or to hear other people's experience! Thank you so much!

Welcome to Visa Journey!!  Sounds like very good information from that attorney.  This is my analysis:

 

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. 
   

 

****I moved this topic to the "What Visa Do I Need?" forum****

Edited January 2 by Crazy Cat

[appleblossom 2,478]

If he's from the UK, why did he apply for a visa rather than using the VWP? Just wondering if he's got citizenship of another country, or a criminal record etc - in case it makes a difference. 

[Boiler 45,467]

Lives in the UK

[powerpuff 6,697]

It’s surprising to see an attorney is up to date on latest processing information. Usually they give very outdated info. You should take the attorney’s advice. I did K1 back in 2020 and if I were to do this all over again, I’d go with CR1.

Edited January 3 by powerpuff

[carmel34 3,621]

15 hours ago, JDalton16 said:

my fiance lives in the UK

Country of citizenship is important so please add this information to your question.  For some countries, a spousal visa is more likely to be approved than a K-1.