K1 or AOS??

[jmak 0]

Hello! My fiance and i have been trudging through the US visa websites for weeks trying to figure this out but some real world advice would be more helpful than anything.

Here's the background:

He's Australian, i'm American

We met in Spain in July 2010 and have been visiting each other here and there and everywhere since then for extended trips (NY for a month when i lived there, Australia for 3 months when he was there, back to the US for 2 months, etc.)

He's currently living and working in Canada on a work-holiday visa, and coming to the US every other month or so on a B-2 visa that's valid for 5 years.

We're in love. We're getting engaged, and we'd like to get married in September 2012, before i start graduate school.

We're trying to figure out whether we should:

a)apply for K1 so he can come to the US before our wedding as my fiancee and start looking for work

OR

b)continue working in Canada until the wedding, enter the US as a visitor, and then get married and apply for an AOS from his B2 visa to a spousal visa

Which option is the most legal, cheap, and stress-free? Are there any options we're missing?

We know we've got to get started soon too- so any advice you can give would be amazing!!

Thanks so much,

Jordan

[Dan C. 18]

The K1 is the way to go.

Entering on a B2 / tourist visa with intent to get married and adjust status constitutes immigration fraud. Tourist visas are intended for tourism -- not getting married and adjusting status; that's what the K1 is for. Your husband-to-be would be subject to deportation and a lifetime ban.

I know of cases where people entered on a B2, got married (and weren't planning to get married when they entered), and were successfully able to adjust status, but even that is really risky -- it's hard to prove your state of mind at the point of entry.

Do NOT take the risk. The safest, most legal, and cheapest way is to just do a K1 visa, and you can apply as soon as you're engaged. Once you get married, you can file to safely adjust status, and your husband will get a CR-1 visa.

The only other option would be to get married, and then file for a CR-1 visa. But, if you do this, you guys won't be able to live together until his CR-1 comes through. He'd have to stay in Australia until then. He'd be able to come visit on his B2 visa for up to six months at a time, but he couldn't work, and he'd have to go back to Australia for his interview.

I'd say your best option is the K1. You can start now by gathering proof of your relationship (photographs, plane tickets, phone call records, emails, etc) to submit once you guys are officially engaged. As long as you have plenty of evidence, it should be a pretty easy case.

Do bear in mind that the K1 is a single-use visa. Once your fiance enters the US on his K1, he cannot leave the US until he has his green card.

Good luck!

Edited December 21, 2011 by Dan C.

[Max1gk 68]

Hello! My fiance and i have been trudging through the US visa websites for weeks trying to figure this out but some real world advice would be more helpful than anything.

Here's the background:

He's Australian, i'm American

We met in Spain in July 2010 and have been visiting each other here and there and everywhere since then for extended trips (NY for a month when i lived there, Australia for 3 months when he was there, back to the US for 2 months, etc.)

He's currently living and working in Canada on a work-holiday visa, and coming to the US every other month or so on a B-2 visa that's valid for 5 years.

We're in love. We're getting engaged, and we'd like to get married in September 2012, before i start graduate school.

We're trying to figure out whether we should:

a)apply for K1 so he can come to the US before our wedding as my fiancee and start looking for work

OR

b)continue working in Canada until the wedding, enter the US as a visitor, and then get married and apply for an AOS from his B2 visa to a spousal visa

Which option is the most legal, cheap, and stress-free? Are there any options we're missing?

We know we've got to get started soon too- so any advice you can give would be amazing!!

Thanks so much,

Jordan

Jordan,

first of all rule out immediately the option of adjusting status to permanent residency from the B2,that's immigration fraud since there's intent to enter the US and stay. Having said that you guys have two options:

a) file ASAP for the K-1 visa now

b) spouse visa CR-1 after September 2012

Technically the K-1 process is slightly faster but more expensive while the CR-1 takes a bit longer but is less expensive. In both cases at LEAST 6 months of waiting should be taken into account from filing the petition to actual interview day. Generally the CR-1 is the way to go nor only because of the money,but above all because he'd be a permanent resident in the very moment he'd step in the country. That's not the case if he will enter on a K-1 visa..in that case after getting married you're supposed to file for adjustment of status and that means around 3 months of additional waiting with him staying in the US being unable to work. Moreover the filing fee for the AOS (adjustment of status) would be 1070 dollars..definitely not peanuts.

However since September 2012 is far away,and you wouldn't be able to petition him for a CR-1 until then,in this situation I would go for the K-1 route. If you guys file in January by September he will almost likely have his visa. Less emotional stress

P.S. Btw he doesn't need a visa if the only intent is to get married in the US and then go back to Canada (or Australia)

[jmak 0]

Thank you!

We'll go with K1, definitely don't want to hit legal trouble.

Will he have to return to Australia for the interview or will he be able to go to the consulate in Canada?

Cheers,

Jordan

[jmak 0]

We've read that a temporary work visa can be applied for as soon as he enters on a K1 visa-- does anyone have experience getting this visa? He's an electrician so temporary work is perfectly fine.

Thanks!!

[Hank_ 9,174]

Thank you!

We'll go with K1, definitely don't want to hit legal trouble.

Will he have to return to Australia for the interview or will he be able to go to the consulate in Canada?

Cheers,

Jordan

From other journeys I have read he should be able to do the interview in Canada if that is where he is working/living at the time.

[Deputy Purple 1,294]

We've read that a temporary work visa can be applied for as soon as he enters on a K1 visa-- does anyone have experience getting this visa? He's an electrician so temporary work is perfectly fine.

No, K-1 holders are not authorized to work...

Before he can work legally he'll need to:

1. Marry you

2. File for AOS & EAD (Employment Authorization)

3. Receive the EAD (Employment Authorization Card) or Green Card

If the marriage and AOS Filing happen right after he enters then it should only be 2 or 3 months until he can work legally.

[Dan C. 18]

We've read that a temporary work visa can be applied for as soon as he enters on a K1 visa-- does anyone have experience getting this visa? He's an electrician so temporary work is perfectly fine.

Thanks!!

I don't have personal experience with this -- my wife filed for a CR-1, not a K1. However, based on what I've read here, he just has to apply for an Employment Authorization Document once he gets here. It's not a separate visa -- just a document confirming that he's authorized to work. He'll also need a social security number, which he can apply for as well once he's here.

Both should be granted within 90 days of his entry (probably sooner).

[Deputy Purple 1,294]

However, based on what I've read here, he just has to apply for an Employment Authorization Document once he gets here. It's not a separate visa -- just a document confirming that he's authorized to work. He'll also need a social security number, which he can apply for as well once he's here.

Both should be granted within 90 days of his entry (probably sooner).

EAD on average is taking 2 -3 months to be approved.

Sure K-1 holder can apply for one before AOS but it will expire with their I-94 and they have to pay for the application so it's a waste.

Better option is to marry and AOS immediately...

[sunandmoon 450]

I don't have personal experience with this -- my wife filed for a CR-1, not a K1. However, based on what I've read here, he just has to apply for an Employment Authorization Document once he gets here. It's not a separate visa -- just a document confirming that he's authorized to work. He'll also need a social security number, which he can apply for as well once he's here.

Both should be granted within 90 days of his entry (probably sooner).

this is basically a waste of money since the I-94 expires in 90 days. The EAD card would only authorize to work until the I-94 expires. it might not even arrive before the expiration of the I-94. he would not be able to get an SSN without restriction unless has an EAD card or green card.

Edited December 21, 2011 by sunandmoon