K1 Visa vs Consular Processing - Italy

[iacosera 1]

This is my first post, so apologies if it’s not the right place. My fiancée (American) and I (Italian) recently got engaged and live in Italy. She has a student visa (italian school), and I work here. Our goal is to move to the US as soon as possible and we are debating which route to take. 

 

We’re considering the K-1 Visa but are concerned because I wouldn't be able to work until I get the Adjustment of Status (AOS) & work permit, and I couldn’t travel without Advance Parole. Can we apply for AOS, the work permit, and Advance Parole all at once? What’s the timeline?

 

We’re also aware of the cost difference between the K-1 Visa and Consular Processing. Any advice would be appreciated!

Edited August 30 by iacosera

[Dashinka 24,479]

If not working and traveling are priorities, then a spousal visa is for you.  The first step is to get legally married, and since your USC fiancé is living in Italy with you they have a few options.  If the USC spouse has an exceptional circumstance such as a job to get back to, that requires immediate needs to repatriate to the U.S. they can look into direct consular processing.  If this is not the case, the USC can submit the I130 and still live with you in Italy until it processes which may take 18-24 months.

 

Good Luck!

[Crazy Cat 41,810]

5 hours ago, iacosera said:

Any advice would be appreciated!

Every couple has their own priorities, and each couple must decide which visa is better for their situation.  If working is a priority, I would strongly consider a spousal visa.

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. 
   

 

[Crazy Cat 41,810]

***Moved to What Visa Do I Need?****

- VJ Moderation

[powerpuff 6,677]

As someone who did K1 and then AOS, if working and traveling are important factors, K1 is not the right choice for you. Go with the spousal visa route, that’s my genuine advice.