What Visa Option is best in my situation? AOS, K1 or IR-1/CR-1?

[Housebythesea 0]

Good day, I am a foreign national (Jamaica) in a relationship with a US citizen and would like to know which process is recommended out of the following options. The end goal is getting married and living together permanently in the US.

1) Get H2B visa, marry in US, adjust status
2) Get H2B visa, get engaged, leave US, apply for K1-visa, adjust status
3) Get H2B visa, get married, leave the US when H2B expires, apply for IR-1/CR-1
 

The H2B visa is necessary as I would like some time to get to know my partner's family and friends prior to marriage by staying in the US but I would also like to be working so that I can save towards our future/support myself while I'm there. 
 

[appleblossom 2,550]

Option no. 1 would make the most sense, do you already have a H2B job/visa though?

[Housebythesea 0]

2 minutes ago, appleblossom said:

Option no. 1 would make the most sense, do you already have a H2B job/visa though?

Thank you for your response.
No, I do not currently have the H2B visa/ job. I am currently outside of the US and plan to apply for it for the upcoming summer season. 
Do you think I would encounter any issues with the change from an H2B to an immigrant visa?

[OldUser 6,706]

2 hours ago, Housebythesea said:

Thank you for your response.
No, I do not currently have the H2B visa/ job. I am currently outside of the US and plan to apply for it for the upcoming summer season. 
Do you think I would encounter any issues with the change from an H2B to an immigrant visa?

H2B is inconsistent with your immigration intent.

 

You cannot lie on visa application and to US embassy personnel saying you're coming to the US on temporary basis for work while planning to stay and adjust. This is called immigration fraud.

 

Edited September 11 by OldUser

[Housebythesea 0]

8 minutes ago, OldUser said:

H2B is inconsistent with your immigration intent.

 

You cannot lie on visa application and to US embassy personnel saying you're coming to the US on temporary basis for work while planning to stay and adjust. This is called immigration fraud.

 

Thank you for that information! I am not interested in committing fraud. Would it be safe to try option 2 or 3 since I would have left the US when applying or would it still be constituted as fraud? 

[OldUser 6,706]

2 minutes ago, Housebythesea said:

Thank you for that information! I am not interested in committing fraud. Would it be safe to try option 2 or 3 since I would have left the US when applying or would it still be constituted as fraud? 

If you leave the US and get immigrant visa through counsular processing, there is no fraud. Plans and 2 and 3 are OK.

 

Marrying in the US is OK and allowed, but if CBP suspects you're marrying, they may deny entry on H2B.

Edited September 11 by OldUser

[Housebythesea 0]

3 minutes ago, OldUser said:

If you leave the US and get immigrant visa through counsular processing, there is no fraud. Plans and 2 and 3 are OK.

 

Marrying in the US is OK and allowed, but if CBP suspects you're marrying, they may deny entry on H2B.

Understood, thanks much. Between the K-1 visa and the CR-1/IR-1, which is generally recommended?

[OldUser 6,706]

9 minutes ago, Housebythesea said:

Understood, thanks much. Between the K-1 visa and the CR-1/IR-1, which is generally recommended?

CR-1 is cheaper.

And once you enter the US you'll have right to work, travel and GC in hand. You'll be better protected as an immigrant too.

 

K-1 is longer if you consider entire time to get GC. You will be restricted more, unable to work or travel outside the US for 6-9 months. Also, if your fiance changes mind and doesn't want to marry you, you'll have no path to stay in the US and generally will have fewer rights compared to LPR when entering on CR1. Not to say this is a major item, but there's nothing wrong in choosing the best for yourself.

 

Of course, the trade off is temporary separation while waiting for CR-1. Though, if you happen to have visitor visa before you start going this route (I-130 etc), then you most likely will be able to visit the US. And of course, your fiance will be able to visit you at your home country.

 

Edited September 12 by OldUser

[Housebythesea 0]

21 minutes ago, OldUser said:

CR-1 is cheaper.

And once you enter the US you'll have right to work, travel and GC in hand. You'll be better protected as an immigrant too.

 

K-1 is longer if you consider entire time to get GC. You will be restricted more, unable to work or travel outside the US for 6-9 months. Also, if your fiance changes mind and doesn't want to marry you, you'll have no path to stay in the US and generally will have fewer rights compared to LPR when entering on CR1. Not to say this is a major item, but there's nothing wrong in choosing the best for yourself.

 

Of course, the trade off is temporary separation while waiting for CR-1. Though, if you happen to have visitor visa before you start going this route (I-130 etc), then you most likely will be able to visit the US. And of course, your fiance will be able to visit you at your home country.

 

 I greatly appreciate the help, thank you. Things are much clearer now. 

[Boiler 45,525]

How can you be sure you would get a H2b, they are limited.

[Housebythesea 0]

9 hours ago, Boiler said:

How can you be sure you would get a H2b, they are limited.

Hi there, I am not/cannot be sure of getting it. I am aware of the H2B cap, so the best I can do is try and apply for it.

[Boiler 45,525]

Do you have an employer lined up?

[smilingstone 175]

22 hours ago, Housebythesea said:

The H2B visa is necessary as I would like some time to get to know my partner's family and friends prior to marriage by staying in the US

 

Why is H2B necessary? You aren't marrying your partner's family and friends. If you don't like them, are you willing to end your relationship?

 

Most of us pursue K1 or IR-1/CR-1 and factor meeting family and friends into trips as tourists, not temporary workers, with full intention of returning before approval.

Edited September 12 by smilingstone

[SusnOwen 159]

1 hour ago, smilingstone said:

 

Why is H2B necessary? You aren't marrying your partner's family and friends. If you don't like them, are you willing to end your relationship?

 

Most of us pursue K1 or IR-1/CR-1 and factor meeting family and friends into trips as tourists, not temporary workers, with full intention of returning before approval.

Unfortunately, getting a tourist visa from JA can be just as hard as getting an H2B.  Plans 2 and 3 are fine, plan 1 to enter on a different visa with plans to get married is a no-no.

[Housebythesea 0]

5 hours ago, smilingstone said:

 

Why is H2B necessary? You aren't marrying your partner's family and friends. If you don't like them, are you willing to end your relationship?

 

Most of us pursue K1 or IR-1/CR-1 and factor meeting family and friends into trips as tourists, not temporary workers, with full intention of returning before approval.

 No, I would not end the relationship in that case. I would just prefer to know them more on a personal level and allow them to do the same with me. 
Meeting them on a tourist visa is also an option but it would be for a significantly shorter period of time and this would mean less time spent around my partner as well.