Fiance Visa Vs Spouse Visa

[MidnightAngel 0]

So my fiancée and I have never done anything like this before however I'd like to have him here the easiest way possible. From what I read somewhere else it seems like it's easier to get a fiance visa but this whole process has me more than a little lose so I was hoping someone could answer for me which one is easier. Should we get married during his next visit to me or should we wait and do the fiance visa and then get married afterwards. Thank you for your input.

Michelle

[Isometry 2]

As far as I can tell, they both take about the same amount of time and effort.

My fiance and I are going the k1 route, because it looks like if we do k3 we'll have to get married and then spend time back in our own countries while we wait for paperwork. Waiting as newlyweds would be even worse than the waiting is now!

[BlueBonnet 84]

Depends on what is more important to you.

If you K1 ... you could - depending on where you interview - Vancouver for me was 6 months from sending of initial package to interview/approval. Within 2 days my visa was issued and I was permitted to cross the border... BUT .. I cannot work. My status must be changed, and I could be looking at another 5 months waiting for greencard .. but realistcly I think its more like 2 months.

If you K3 ( or what was K3, not sure of name now as I didnt go that route )... You can ONLY interview Montreal. Montreal, by following a users timeline here, who applied 3 weeks before we did, didnt get her interview until just this past March .. she waited 5 months for her interview date, wheras I waited 2 1/2 weeks. However, with the spousal visa, you can work as soon as you cross the border.

So your options should be decided on which consulate you have to use, and what is more important, having your loved one with you, but not able to work, or brining them later but they will able to work.

Do you know which consulate you have to use ?

[Inky 1,111]

As far as I can tell, they both take about the same amount of time and effort.

My fiance and I are going the k1 route, because it looks like if we do k3 we'll have to get married and then spend time back in our own countries while we wait for paperwork. Waiting as newlyweds would be even worse than the waiting is now!

K3 is no longer processed at NVC. You would be filing a CR-1 if you are doing spousal visa.

Spousal visas (CR-1/IR-1)are cheaper and have the green card arrive a few weeks after entry. They can then start working right away.

K-1 visas you have to marry, then file for AOS to get the green card which will take MONTHS of waiting before being able to work.

There are quite a few advantages to CR-1 vs K-1. CR-1 can also travel very soon after entry, K-1 cannot leave the USA until they have AP or the GC, problematic if there is an emergency out of the USA.

[Isometry 2]

K3 is no longer processed at NVC. You would be filing a CR-1 if you are doing spousal visa.

Spousal visas (CR-1/IR-1)are cheaper and have the green card arrive a few weeks after entry. They can then start working right away.

K-1 visas you have to marry, then file for AOS to get the green card which will take MONTHS of waiting before being able to work.

There are quite a few advantages to CR-1 vs K-1. CR-1 can also travel very soon after entry, K-1 cannot leave the USA until they have AP or the GC, problematic if there is an emergency out of the USA.

I read that you can apply for an EAP at the same time that you apply for a K-1, and that they would both get approved at the same time (but that the EAP would be for a limited duration, based on the timing of the K-1)

Going to go back and see if I can find the resources for that again.

[Inky 1,111]

I read that you can apply for an EAP at the same time that you apply for a K-1, and that they would both get approved at the same time (but that the EAP would be for a limited duration, based on the timing of the K-1)

Going to go back and see if I can find the resources for that again.

You mean an EAD, you can only apply for that after entry and its around 400$, it lasts the same duration as the I-94.

You would be applying for the EAD at the time of AOS for free of charge which would make it good for 1 year, if you get your GC before then the EAD is no longer usable. If you do not get your EAD within that time then you would need to renew the EAD card.

You do not apply for it at the same time as the K-1, please do read up on the information.