K1 or AOS for Fiancee in US on L1B

[bostonaperture 0]

Hello All,

First time poster. Have gathered all sorts of useful information on this site.

Ok so my question is as follows...

I have an Indian fiancee. She's already in USA and was on a L1B visa for 3 years (Working in tech). It recently expired, but she's allowed to stay while the renewal application is being processed.

We want to get married and start a life here in Boston. What is the fastest route for her to gain permanent residency and eventual green card eligibility? The only two options appear to be K1 Visa, which has a 5 month backlog , or just have her do an adjustment of status based on being a fiancee.

Does anyone have any input for this scenario? It seems that as long as she's here, it'd be faster than doing it while home in India.

Any help is greatly appreciated!

Edited June 21, 2011 by bostonaperture

[Harsh_77 716]

You dont need K1, you guys can get married in US and then apply for AOS, which is the same process for K1.

K1 is the only visa, which allows the partner to enter US and then get married and file for AOS.

There is no fast process, AOS takes anywhere from 6-8 months.

[Darnell 8,478]

I would suggest Adjustment of status based on MARRIAGE, not anything you've listed so far. Click the word 'Guides' at the top of this page, review all types, pick one based on 'foreign spouse in USA'.

Lucky for you, an AOS is possible based on her current visa type.

Edited June 21, 2011 by Darnell

[bostonaperture 0]

So i have another question. Which form route should we go with the AOS? Is there just a standard AOS or do we need to file something like the I-130? If we do the 1-130 i'm concerned that we don't have comingling of resources. Don't own property and we'd do a city hall wedding. Am i going down the wrong route?

TIA.

[Darnell 8,478]

which guide, exactly, are you following? (post the url)