Visa or no visa?

[Lytha 2]

So, really wondering what the best way to go would be.

I was an exchange student in Ky, and got back here a couple weeks ago for a vacation.

Now, my boyfriend asked me to marry him, and we are planning it for next week. I'm really excited, but kind of clueless too, unfortunately.

Can we just go ahead and get married, and than deal with all the paperwork? Or would we need to apply for some kind of visa before we would get married?

I'm still intending to go back to my country after our marriage just to do the paperwork and move out of my appartment back home in Europe.

But as soon as that is over with I will be coming home to my husband to stay.

Anybody out here who could help me out on this, please?

x,

Lytha

[Inky 1,111]

No need for a visa to get married, just go and get a marriage license you may need some papers to get it like birth certificate, passport etc. It depends on the states and countys requirements. For that you can call them or check on their website.

You can then go back to Europe when you are ready and have him file the CR-1 paperwork for you. I wouldn't sell any of your things or move out right away because the CR-1 will take a while.

edit ( you can go back to Europe after you marry not after you get the license lol sorry wasn't really clear.)

Edited February 28, 2011 by Inky

[YuAndDan 153]

No need for a visa to get married, just go and get a marriage license you may need some papers to get it like birth certificate, passport etc. It depends on the states and countys requirements. For that you can call them or check on their website.

You can then go back to Europe when you are ready and have him file the CR-1 paperwork for you. I wouldn't sell any of your things or move out right away because the CR-1 will take a while.

Yep talking about marriage and then filing a visa petition, CR-1 will save you a lot of $, and aggravation.

Compare:

K-1 (FEES ~$1800)

K-1 cannot take a job until getting EAD or Green-card, this can take MONTHS after arrival

K-1 cannot get a DL until they have EAD or Green-card, can use foreign DL in most states though.

K-1 becomes land locked and cannot travel out of the USA until having green-card or AP doc, which can take MONTHS to get.

CR-1 (FEES ~$900)

CR-1 gets green-card the moment they arrive in the USA so can take a job immediately

CR-1 gets green-card so can apply for a DL

CR-1 gets green-card so can immediately travel, conceivable the next day, passport is stamped I-551 which allows work and travel

Essentially K-1 visa holder will be unable to work for at least 4-6 months after arrival.

IF work shortly after arrival is desired, then the better visa is CR-1, (marry first, then apply for visa) CR-1 spouse visa costs less and gets green-card upon arrival to the USA, also with much improved processing, for most consulates CR-1 tends to take perhaps 1 - 1.5 months longer to get than a K-1.

Moving to General immigrations related forum...

Edited February 28, 2011 by YuAndDan

[Lytha 2]

So, really wondering what the best way to go would be.

I was an exchange student in Ky, and got back here a couple weeks ago for a vacation.

Now, my boyfriend asked me to marry him, and we are planning it for next week. I'm really excited, but kind of clueless too, unfortunately.

Can we just go ahead and get married, and than deal with all the paperwork? Or would we need to apply for some kind of visa before we would get married?

I'm still intending to go back to my country after our marriage just to do the paperwork and move out of my appartment back home in Europe.

But as soon as that is over with I will be coming home to my husband to stay.

Anybody out here who could help me out on this, please?

x,

Lytha

So basically we could go on and get married, i'd be leaving last of this month to take care of things overseas, and was planning on coming back to my husband by May. Would I have any trouble coming to the States again? I would be married, but wouldn't be entering on a 'visa', just visitor. So I'm thinkin that wouldnt be a problem. But I would be able to stay out here, starting May, right?

[Anh map 2,098]

So basically we could go on and get married, i'd be leaving last of this month to take care of things overseas, and was planning on coming back to my husband by May. Would I have any trouble coming to the States again? I would be married, but wouldn't be entering on a 'visa', just visitor. So I'm thinkin that wouldnt be a problem. But I would be able to stay out here, starting May, right?

Won't work. You cannot permanently move to the US on a visitor visa / VWP. You would have to wait until you are interviewed at the US embassy in your home country and receive the CR1 spousal visa.

[YuAndDan 153]

So basically we could go on and get married, i'd be leaving last of this month to take care of things overseas, and was planning on coming back to my husband by May. Would I have any trouble coming to the States again? I would be married, but wouldn't be entering on a 'visa', just visitor. So I'm thinkin that wouldnt be a problem. But I would be able to stay out here, starting May, right?

Cannot move permanently on VWP/Visitor's visa however you can always visit while the I-130 petition is in process.

[VanessaTony 3,567]

Compare:

K-1 (FEES ~$1800)

K-1 cannot take a job until getting EAD or Green-card, this can take MONTHS after arrival

K-1 cannot get a DL until they have EAD or Green-card, can use foreign DL in most states though.

K-1 becomes land locked and cannot travel out of the USA until having green-card or AP doc, which can take MONTHS to get.

CR-1 (FEES ~$900)

CR-1 gets green-card the moment they arrive in the USA so can take a job immediately

CR-1 gets green-card so can apply for a DL

CR-1 gets green-card so can immediately travel, conceivable the next day, passport is stamped I-551 which allows work and travel

Essentially K-1 visa holder will be unable to work for at least 4-6 months after arrival.

IF work shortly after arrival is desired, then the better visa is CR-1, (marry first, then apply for visa) CR-1 spouse visa costs less and gets green-card upon arrival to the USA, also with much improved processing, for most consulates CR-1 tends to take perhaps 1 - 1.5 months longer to get than a K-1.

If you're going to be CONSTANTLY posting this please add the following so that you are being objective:

- CR-1 means being apart from your HUSBAND/WIFE instead of just fiance/e

- CR-1 is not the cheapest OR quickest option unless you are currently together. If you are currently apart the CR-1 means flying to be together to get married. Depending on where you live this make it MORE expensive than the K1 and takes longer depending on how long it takes to get married and return to home country to file paperwork. Flights from Australia are around $1500 return this making up for the financial difference in visa fees

CR-1 is the visa to choose if working and leaving is what you want/need asap.

K1 is a visa for being together asap. You cannot work or travel till you file AOS and get the appropriate docs.

[Lytha 2]

So basically we could go on and get married, i'd be leaving last of this month to take care of things overseas, and was planning on coming back to my husband by May. Would I have any trouble coming to the States again? I would be married, but wouldn't be entering on a 'visa', just visitor. So I'm thinkin that wouldnt be a problem. But I would be able to stay out here, starting May, right?

So what's the way to go, to be together, and stay together again asap. Marry now, or marry whenever I have everything taken care of everything in Europe, come back in May on that K1 fiancée visa than. How much time would either visa take me?

[Krikit 1,164]

I was an exchange student in Ky, and got back here a couple weeks ago for a vacation.

Where is "here"?

Are you subject to the Home Residency Rule?

[Lytha 2]

Another complication, he will probably leave for his basic training (Army) in august, afterwards we would be stationed somewhere in the country. So i have to be with him before that. That was one of the reasons why we would get married right now allready, because we wanted everything figured out before he would leave.

So now, what do we do?

I'm sooo confused.

Where is "here"?

Are you subject to the Home Residency Rule?

Here is in Henderson Ky, I'm in the states right now.

[Krikit 1,164]

Here is in Henderson Ky, I'm in the states right now.

Are you subject to the HRR? If not, you can marry and adjust status.

[Lytha 2]

Are you subject to the HRR? If not, you can marry and adjust status.

Nop, I'm a Belgian citizen, who was in KY last schoolyear on a J1 visa.

And now kinda stuck on what to do to stay together asap. Before he leaves for the Army.

[YuAndDan 153]

So what's the way to go, to be together, and stay together again asap. Marry now, or marry whenever I have everything taken care of everything in Europe, come back in May on that K1 fiancée visa than. How much time would either visa take me?

May??? K-1?? Good luck.

It has been taking at least 5 months to approve the petition, then a couple months after that you may get interviewed for the K-1

[Lytha 2]

May??? K-1?? Good luck.

It has been taking at least 5 months to approve the petition, then a couple months after that you may get interviewed for the K-1

So, me and my soon-to-be just talked it over, we're going for our marriage next week, than i'll fly back to BE and wait for the paperwork to be over with. So we're going for the CR-1. How long does it usually take to get it all over with? Anyone an idea on that?

Thanks!

[Boiler 45,670]

7 or 8 months?

They have sped up.