Recommendation for timeline to start K1 process/Visiting during immigration

[JanelleJohnson 0]

Hello!  My romantic connection in Australia and I are trying to discern when to start this whole long fiancé visa process.  The goal is for us to get married and live together in June 2025.  We cannot get married prior to that due to my home situation with my kids. I am having difficulty discerning the timelines.  I've "heard" that the approval process for the finance visa takes 9 months - 1 year.  He would then have 6 months to move here and then 90 days for us to get married.  But, when I look at some of the timelines for Australia and USA, they look like the process is taking several years!  Is this true?  What is your recommendation for when to start this process given our desired timeline to get married?  Thank you in advance!

 

 

Edited March 3 by Crazy Cat

[JeanneAdil 6,498]

If u have met in person and really really want to pursue the K1 instead of spouse CR1, file now

Current wait could be 18 months to a year 

Best to u both

[wildbug100420 102]

Fees increase on 01Apr as well 

[wildbug100420 102]

1 hour ago, JanelleJohnson said:

Hello!  My romantic connection in Australia and I are trying to discern when to start this whole long fiancé visa process.  The goal is for us to get married and live together in June 2025.  We cannot get married prior to that due to my home situation with my kids. I am having difficulty discerning the timelines.  I've "heard" that the approval process for the finance visa takes 9 months - 1 year.  He would then have 6 months to move here and then 90 days for us to get married.  But, when I look at some of the timelines for Australia and USA, they look like the process is taking several years!  Is this true?  What is your recommendation for when to start this process given our desired timeline to get married?  Thank you in advance!

 

 

Nothing is quick in this process. It's hard to plan when petition would be approved, nvc process, embassy interview, etc. Factors beyond our control 

[JanelleJohnson 0]

@JeanneAdil would the spouse Cr1 be quicker?

[Daphne . 1,852]

28 minutes ago, JanelleJohnson said:

@JeanneAdil would the spouse Cr1 be quicker?

CR1 will be between 18-22 months. 

[JeanneAdil 6,498]

26 minutes ago, JanelleJohnson said:

@JeanneAdil would the spouse Cr1 be quicker?

Not quicker but almost same timeframe and much to your advantage

as  the immigrant does not have to go thru the expensive AOS in the US ,  can immediately work, get SS #, DL   have checking account and travel outside the US in case the need arises to return to settle things back home

BTW visiting home helps with home sickness which affects us all

[Boiler 45,481]

For June next year I would have filed 6 months ago.

 

Agree with the others CR1 is much better.

[Crazy Cat 41,844]

1 hour ago, JanelleJohnson said:

@JeanneAdil would the spouse Cr1 be quicker?

 

I posted this just today:  Per other VJ members, the average processing time is less than a month different.

 

Edited February 24 by Crazy Cat

[Crazy Cat 41,844]

1 hour ago, JanelleJohnson said:

@JeanneAdil would the spouse Cr1 be quicker?

You also might be interested in this:

 

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 3-6 months) 
  Spouse can not work until she/he receives EAD (approx 3-6 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. 
   

 

Edited February 24 by Crazy Cat

[JanelleJohnson 0]

@Crazy Catthank you!  How would we make our marriage legal?  Would we get married in Australia and that be accepted as legal in the US?

Could he then live here right away with me, or would we still have this ~18 month delay in approval process before we could be together?  

[Crazy Cat 41,844]

3 minutes ago, JanelleJohnson said:

@Crazy Catthank you!  How would we make our marriage legal?  Would we get married in Australia and that be accepted as legal in the US?

Could he then live here right away with me, or would we still have this ~18 month delay in approval process before we could be together?  

You can marry anywhere in the world where it is legal.  Then meet.....then start the spousal visa process.  Visiting during the process is legal per the discretion of CBP, but he cannot live in the US prior to obtaining the visa.

 

Some people opt for a Utah state online (Zoom) marriage, then meet...then start the process. 

Edited February 24 by Crazy Cat

[Redro 4,611]

14 hours ago, JanelleJohnson said:

@Crazy Catthank you!  How would we make our marriage legal?  Would we get married in Australia and that be accepted as legal in the US?

Could he then live here right away with me, or would we still have this ~18 month delay in approval process before we could be together?  

If your partner is from Australia and has an Australian passport or is otherwise eligible for ESTA.

AND you haven't met yet:

They can organize to come visit you on the ESTA visa, get married, then return to the Australia.

You can then file the I-130 and I130A and wait for the petition to be approved. 

If you cannot get married before your partner moves over for various reasons, your partner can still research visiting you in the US before you file the K1. 

Is there a reason why you are focusing on meeting in Australia and not the US or a third country? 

You should file either petition as soon as you have the paperwork in order (and have met and/or married).

Timelines are only a guideline so no one can tell you precisely when your partner will be able to move here. 

 

Edited February 25 by Redro

[Cathi 5,747]

Get married anywhere. Spouse cannot live here until visa is approved.

[appleblossom 2,483]

23 hours ago, JanelleJohnson said:

The goal is for us to get married and live together in June 2025.  We cannot get married prior to that due to my home situation with my kids. 

 

If you can't get married before June 2025 and want to be together asap after that, then for once I think the K1 is a better option. If you need to wait until then to get married and then start the CR1 process, you won't be together until 2027.