Fiance Visa VS Spouce Vida

[Lucy_Nani 0]

Hello! I am thinking about bringing my Peruvian boyfriend to the US. However I am not sure if it is easier/better to get married here first in Peru and then try to immigrate or if it is easier to just apply for the K-1 visa. Also money is an issue because we are quite poor. I saw the K-1 visa is $395 or something like that and a green card is $1070 or something. I know I can apply to have the fee waived. I am not sure what is going to be the best easiest route. Also we don't necessarly want to live in the US we just want to be able to go and visit my family here and there and have the freedom to choose. We will probably end up living in Peru or another country but it is important that we can easily go and stay for 2-6 months at a time, spend time with the family, and work if need be. Thanks so much for all your advice!

[C-ma'am 684]

Hello! I am thinking about bringing my Peruvian boyfriend to the US. However I am not sure if it is easier/better to get married here first in Peru and then try to immigrate or if it is easier to just apply for the K-1 visa. Also money is an issue because we are quite poor. I saw the K-1 visa is $395 or something like that and a green card is $1070 or something. I know I can apply to have the fee waived. I am not sure what is going to be the best easiest route. Also we don't necessarly want to live in the US we just want to be able to go and visit my family here and there and have the freedom to choose. We will probably end up living in Peru or another country but it is important that we can easily go and stay for 2-6 months at a time, spend time with the family, and work if need be. Thanks so much for all your advice!

Hello and welcome to the forum Lucy.

Based on what you expressed, are your intentions, I don't see how either one of these visas will serve your purpose.

The K1 is just so your foreigner fiance(e) can travel the US, marry you, and stay with the intention to live and consequently become a resident. A US residency is not only a Green Card, it means he will also have to stay in the US and not leave the country, for more than 6 months at a time, at the risk of losing said residency.

The IR-1 /CR 1 (spousal visas) are immigrant visas, which means he will join you in the US to live here and will also become a resident... so this also means that you'll have to live in the US.

Please take the time to see this comparison chart about the available visas (disregard the K3 one, as it's obsolete) http://www.visajourn...content/compare

These visas have very high costs that you will be able to see on that chart too.

Edited May 29, 2012 by Celeste & C

[KayDeeCee 4,891]

Besides all the good information Celeste & C provided for you, I wanted to make sure you know you cannot file a waiver to avoid paying fees with a K-1 petition and the AOS that will follow. The petition fee is $340. The visa application fee is $240. The AOS fee is $1070. The fee for ROC is $590. There are also other fees for travel expenses, mailing documents, the medical, etc. If you cannot afford the fees and do not wish to live in the US, then you should not file for a K-1 or CR-1.

[Lucy_Nani 0]

Thank you for the information. Okay, then I suppose it is easier for us to apply for the K-1 visa. Is there a minimum requirement for the time he has to stay in the US? I have friends who are Peruvian/US couple and they got married in the US and then moved back to Peru. They have been living in Peru for the past 12 years (they have a child together) and just now moved back to the US so their son can get an education there. Ideally I would like something like this. I have no idea how long I would want to stay in the US.....

Also what do you think the US gov. would do to me/us if he went to the US on a tourist visa and then got married there while he was on his tourist visa....JUST A THOUGHT I AM NOT GOING TO DO THIS BUT I AM JUST WONDERING!! Just curious!!! Relax everyone.

[Lucy_Nani 0]

Hello and welcome to the forum Lucy.

Based on what you expressed, are your intentions, I don't see how either one of these visas will serve your purpose.

The K1 is just so your foreigner fiance(e) can travel the US, marry you, and stay with the intention to live and consequently become a resident. A US residency is not only a Green Card, it means he will also have to stay in the US and not leave the country, for more than 6 months at a time, at the risk of losing said residency.

The IR-1 /CR 1 (spousal visas) are immigrant visas, which means he will join you in the US to live here and will also become a resident... so this also means that you'll have to live in the US.

Please take the time to see this comparison chart about the available visas (disregard the K3 one, as it's obsolete) http://www.visajourn...content/compare

These visas have very high costs that you will be able to see on that chart too.

That chart is very clear thanks. I will have to take a good long look at it. Either way would it be advisable to maryy outside The US and try to immigrate, or apply for the Fiance visa? Thanks