Which way is quicker?

[dpregan 0]

Hi

I am a British citizen and my gf is American. We have been together for a year and are starting to look at getting married and moving to the US. We have lived together in Australia and currently in Italy. We have plenty of photo's and email's and friends who have seen us together and room mates etc etc. So I hope i'm right in thinking it is basically a rubber stamp. (This is our first time even looking or thinking about this so please forgive me if this isn't the case.)

We would basically like to know which of the following, from start to finish, is a quicker method of obtaining my EAD/GC so I can start working.

1. Getting married overseas and applying afterwards.

2. Applying for a the K-1 Visa and getting married in the states.

Thanks.

[john & jean 37]

Hi

I am a British citizen and my gf is American. We have been together for a year and are starting to look at getting married and moving to the US. We have lived together in Australia and currently in Italy. We have plenty of photo's and email's and friends who have seen us together and room mates etc etc. So I hope i'm right in thinking it is basically a rubber stamp. (This is our first time even looking or thinking about this so please forgive me if this isn't the case.)

We would basically like to know which of the following, from start to finish, is a quicker method of obtaining my EAD/GC so I can start working.

1. Getting married overseas and applying afterwards.

2. Applying for a the K-1 Visa and getting married in the states.

Thanks.

K1 WILL BE MUCH QUICKER!!!!

[dpregan 0]

Thanks! That's good to know. So after we got married in the US the paperwork process would be the same as if we did it overseas?

This stuff is all so complicated!

[Laura+Tom 2]

I suggest you start with the guides and you can find out what is best for you. Start with this http://www.visajourney.com/forums/index.ph...mp;page=compare

However I will say with the K-1 you can apply now and get the ball rolling.

[himher 634]

If you are living together overseas the path with shortest waiting time to go to work in the US is a DCF (direct consular filing) for a CR1 visa IF your g/f has lived long enough there to qualify as a resident. After arrival in the US the green card/SS card arrives in the mail and you can look for work immediately.

If your g/f can go back and forth, and does not qualify as an overseas resident, then the next quickest path to EAD/green card would be to file the CR1 path from the US, which takes generally a couple of months longer than a K3 visa but again you can look for work immediately on arrival.

The K1/K3 visa is the quickest way to get to the US, but you will have to wait about 90 days for an EAD card and 5-6 months for a green card, which means you are out of work for that period of time. The soonest you could work after arrival under either K category is ~90 days (K3 / file immediately) or 90 days AFTER marriage/filing in the US (K1, time to arrange/get married, then ~90 days after filing AOS/EAD application)

The K1, because you still have to marry after arrival, has the LONGEST time between filing and receipt of work authorization. Hope that helps.

Hi

I am a British citizen and my gf is American. We have been together for a year and are starting to look at getting married and moving to the US. We have lived together in Australia and currently in Italy. We have plenty of photo's and email's and friends who have seen us together and room mates etc etc. So I hope i'm right in thinking it is basically a rubber stamp. (This is our first time even looking or thinking about this so please forgive me if this isn't the case.)

We would basically like to know which of the following, from start to finish, is a quicker method of obtaining my EAD/GC so I can start working.

1. Getting married overseas and applying afterwards.

2. Applying for a the K-1 Visa and getting married in the states.

Thanks.

[SunDrop 59]

Since you specifically want to know what is the quickest way of being authorised to work then no, the K1 is not the fastest way to proceed.

You are currently together outside of the US, but how long for?

You neither qualify for a K1 or K3, as she is not resident in the US. K1 is a fiance/ee visa, K3 is spouse, both non-immigrant.

If you married now, you could file for DCF (Direct Consular Filing), depending on her status as resident in Italy. As long as she's been resident abroad for 6 months, you should qualify as long as the USEM/Consulate accept direct filing. You would need to check this on the Italian USEM website. If the plan is for her to return to the US and petition from there, your quickest bet is to petition as a CR1, which is an immigrant visa.

It takes a little longer (approx. 30 days) to be approved BUT you hit the ground running once you're in the US, you don't have anywhere near the whoo-haaa once you get there AND it's a darned sight cheaper.

So, if your priority is expedient earning ability, go for the CR1/ DCF route. The other benefit of the DCF route where possible is that you are able to remain together whilst waiting for your visa to come through. The downside of DCF is that she still needs to show the ability to support you financially with a US based income and accommodation, so if this is the way you want to go, then you'll need co-sponsors and the offer of accommodation.

But yup, read the guides - they're packed to the hilt with useful information and once you've got some of the terminology down, searching for existing related topics is a doddle.

[pushbrk 14,106]

Since you specifically want to know what is the quickest way of being authorised to work then no, the K1 is not the fastest way to proceed.

You are currently together outside of the US, but how long for?

You neither qualify for a K1 or K3, as she is not resident in the US. K1 is a fiance/ee visa, K3 is spouse, both non-immigrant.

If you married now, you could file for DCF (Direct Consular Filing), depending on her status as resident in Italy. As long as she's been resident abroad for 6 months, you should qualify as long as the USEM/Consulate accept direct filing. You would need to check this on the Italian USEM website. If the plan is for her to return to the US and petition from there, your quickest bet is to petition as a CR1, which is an immigrant visa.

It takes a little longer (approx. 30 days) to be approved BUT you hit the ground running once you're in the US, you don't have anywhere near the whoo-haaa once you get there AND it's a darned sight cheaper.

So, if your priority is expedient earning ability, go for the CR1/ DCF route. The other benefit of the DCF route where possible is that you are able to remain together whilst waiting for your visa to come through. The downside of DCF is that she still needs to show the ability to support you financially with a US based income and accommodation, so if this is the way you want to go, then you'll need co-sponsors and the offer of accommodation.

But yup, read the guides - they're packed to the hilt with useful information and once you've got some of the terminology down, searching for existing related topics is a doddle.

Actually, as long as the US Citizen has maintained a US driver license and has a friend or family member's address to use, there's no problem filing for K1 or K3. Otherwise, SunDrop is correct in that if you qualify to file DCF with Rome, getting married and doing that would be the fastest way to a green card. If you don't qualify to file DCF, then the same filing stateside that would result in a CR1 visa would be the alternative. You will need to deal with sponsorship issues unless she's wealthy or otherwise has more than $50,000 in liquid assets or income that would continue from the same source after returning to the States, regardless of the visa path. Another US Citizen or Permanent Resident could act as joint sponsor if she doesn't have the income, assets or combination to qualify. Regardless, she's the primary sponsor even if she's unemployed and broke.

Please start by studying the guides and then ask your remaining questions as needed.

[Jasman0717 9]

The immigration timelines link at the top of the page can give you a lot of info. Good luck