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Filed: Country: Australia
Timeline
Posted

Hello,

My fiancee and I have been going around and around in crcles for weeks now. We have been getting information from this site and online and we have spoken to an immigration lawyer which confused us even more.

We are trying to figure out what the best option for us would be.

Here is our situation, we have been together for almost 2 years, recently got engaged and are both heading back to my home country of Australia in 2 days (she will be there on a work and travel visa) Initially, we were planning to file for the K1 and come back to the US for a wedding in spring. We then toyed with the idea of marrying in Aus and then saving the big wedding and celebration for the US when we have a set date in place etc... Also, we have already submitted the K1 visa application, we got our NOA1 on Aug 17.

I would love some ideas or advice or which of these two options you think would suit us better

1) We continue along the K1 road and just get married when we return with no real idea of when it will happen.

2) We get married in the next few weeks in Aus, change the type of visa we are applying for and then have the big wedding when we return.

The two big things for us are which will be shorter for us and which is better for our situation. Considering that I will have to wait to AOS if I came in on the K1 but offsetting that is the fact we have already applied for the K1.

Please us, which would be quicker, easier for us.

Thanks in advance.

David

Filed: AOS (apr) Country: Philippines
Timeline
Posted

Check the following link that give the pro and con of each

http://www.visajourney.com/content/compare

Sent I-129 Application to VSC 2/1/12
NOA1 2/8/12
RFE 8/2/12
RFE reply 8/3/12
NOA2 8/16/12
NVC received 8/27/12
NVC left 8/29/12
Manila Embassy received 9/5/12
Visa appointment & approval 9/7/12
Arrived in US 10/5/2012
Married 11/24/2012
AOS application sent 12/19/12

AOS approved 8/24/13

Filed: IR-2 Country: Philippines
Timeline
Posted

Actually this is totally a personal choice....

They both have pros and cons...I have filed both petitions for the same person(my current wife).

We didn't file based on immigration pros and cons, we made our decisions based on our love for eachother, then filed the appropriate petition.

Posted

You just got your NOA1 for the K-1 so you won't lose that much time. Since your fiance is legally in Australia (or will be), the I-130 petition might be expedited. The spousal visa is much better for you, as you can work and travel right away, no being stuck in the US. It's also cheaper. It's about 1 or 2 months slower, but like I said, you might get expedited. http://www.visajourney.com/forums/topic/357465-usc-petitioner-living-abroad/

AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

Filed: Country: Australia
Timeline
Posted

You just got your NOA1 for the K-1 so you won't lose that much time. Since your fiance is legally in Australia (or will be), the I-130 petition might be expedited. The spousal visa is much better for you, as you can work and travel right away, no being stuck in the US. It's also cheaper. It's about 1 or 2 months slower, but like I said, you might get expedited. http://www.visajourney.com/forums/topic/357465-usc-petitioner-living-abroad/

That is very interesting. If I decide to go the CR1 route, How will I know I will be expedited? Also, Is there a way we can be auto expedition on the K1? How do we go about doing this? Is there a form we fill out or do we write immigration a letter.

 
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