Starting The Journey Soon...Advice?

[Vicomi 31]

Just some additional advice...before you decide to go with a K-1 Fiance Visa, take a look into an IR1/CR1 Spouse Visa (where you get married first, then file your visa paperwork). Some find it's a good option since, at the moment, it's taking around the same amount of time to go through the entire process. My husband (who's a UK citizen) and I chose the Spouse VIsa route because when all is said and done, he will enter the country as a Legal Permanent Resident and does not have to file any adjustment of status or any work eligibility paperwork. It ends up being a little less paperwork and less fees in the end. The downside is that we've had to spend some time apart as a married couple, but we married in April 2012, filed at the end of April 2012, and his interview is October 15...so our entire process from filing to POE is going to be right at 6 months and when he finally gets back home to California, all we have to do is wait for his Green Card to arrive in the mail and get his SSN, then he can live and work here with no extra paperwork or waiting.

I know the CR1 Visa may not be the option that best fits every situation, but we are happy we did it this way. Just wanted to share another option that may fit you better...or at least give you something else to look at. I've seen K1 visas take as long or longer to get approved and then there's still the marriage, AOS filing, and Work Eligibility filing that takes several months afterward. Good luck on your journey!

:thumbs: :thumbs: I definately second your suggestion.

[bigdog 376]

Good Luck no matter what you choose.

[Verdy 0]

Good Luck no matter what you choose.

Thank you bigdog!

I'll have a talk with my fiancé about this new option, and see what he thinks

[William2011 1]

Just some additional advice...before you decide to go with a K-1 Fiance Visa, take a look into an IR1/CR1 Spouse Visa (where you get married first, then file your visa paperwork). Some find it's a good option since, at the moment, it's taking around the same amount of time to go through the entire process. My husband (who's a UK citizen) and I chose the Spouse VIsa route because when all is said and done, he will enter the country as a Legal Permanent Resident and does not have to file any adjustment of status or any work eligibility paperwork. It ends up being a little less paperwork and less fees in the end. The downside is that we've had to spend some time apart as a married couple, but we married in April 2012, filed at the end of April 2012, and his interview is October 15...so our entire process from filing to POE is going to be right at 6 months and when he finally gets back home to California, all we have to do is wait for his Green Card to arrive in the mail and get his SSN, then he can live and work here with no extra paperwork or waiting.

I know the CR1 Visa may not be the option that best fits every situation, but we are happy we did it this way. Just wanted to share another option that may fit you better...or at least give you something else to look at. I've seen K1 visas take as long or longer to get approved and then there's still the marriage, AOS filing, and Work Eligibility filing that takes several months afterward. Good luck on your journey!

I would have to second this also. I wish I would have known more and thought about the spouse visa, before I filed for the K1 visa. If I would have known what I know now about the K1, I would not have filed for it at all. Once you are married under the K1, you are going to have file for the AOS. Make sure if you go this route that you make enough money or have a co-sponser to sign the I-864. Some people are waiting up to eight months just to recieve their green card right now. Then after that, you only recieve the 2 year green card. You will have file again for the 10 year card. You will have to send in lots of evidence that you are married etc.. I heard that is taking even longer than the AOS is rigth now also. My understanding is at any point until you get your 10 year green card you can lose status in this country. Say you let your 2 year green card expire then you are no longer a LPM, but your 10 green card expires that is not the case.

I would really think over your options before you file for either and make the right choice for you and your loved one. Either way you go, you can expect a decent amount of time apart waiting for the famous or infamous USCIS. Good Luck.

[Verdy 0]

I would have to second this also. I wish I would have known more and thought about the spouse visa, before I filed for the K1 visa. If I would have known what I know now about the K1, I would not have filed for it at all. Once you are married under the K1, you are going to have file for the AOS. Make sure if you go this route that you make enough money or have a co-sponser to sign the I-864. Some people are waiting up to eight months just to recieve their green card right now. Then after that, you only recieve the 2 year green card. You will have file again for the 10 year card. You will have to send in lots of evidence that you are married etc.. I heard that is taking even longer than the AOS is rigth now also. My understanding is at any point until you get your 10 year green card you can lose status in this country. Say you let your 2 year green card expire then you are no longer a LPM, but your 10 green card expires that is not the case.

I would really think over your options before you file for either and make the right choice for you and your loved one. Either way you go, you can expect a decent amount of time apart waiting for the famous or infamous USCIS. Good Luck.

Wow..maybe I should give this more thought than I have...

[LeftCoastLady 441]

For me, the decision on which visa option to petition came down to this: When do I want to be apart from my fiancé?

We opted for the K-1 because we'd rather not start off our marriage being apart for several months. While it's true that with the spousal visa, the spouse will receive a green card shortly after arrival, that doesn't mean they'll wake up on Monday after POE and land a job. So there will still need to be some financial discussions if income is a concern.

For us, our preference is to have him be here for a few months to get his bearings, meet/network with people, and then once the EAD is in hand, start looking for work in time. As always, your mileage may vary, but definitely research and weigh the pros/cons for the visa options with your partner.

[amyandjorge 76]

we got married in Honduras then filed CR-1 (me living in US, him in Honduras). If you do decide to get married in Honduras, make sure to check the requirements and get all the necessary documents/testing done first. The nice thing about CR-1, besides him being able to work sooner, was getting all the visa fees paid before he got here. Once he got here, we had a ton of expenses, apt deposit, car, winter clothes, etc.

I was living in my mother's house while waiting on my husband's visa. The CO did ask specifically, 'is your husband's address in the US really your mother's house?!' Yeah, whatever, we moved out a month later but I didn't want to move into an apartment without having his input on location, etc. Also, asked if my mother had met my husband, (yes).

[Verdy 0]

we got married in Honduras then filed CR-1 (me living in US, him in Honduras). If you do decide to get married in Honduras, make sure to check the requirements and get all the necessary documents/testing done first. The nice thing about CR-1, besides him being able to work sooner, was getting all the visa fees paid before he got here. Once he got here, we had a ton of expenses, apt deposit, car, winter clothes, etc.

I was living in my mother's house while waiting on my husband's visa. The CO did ask specifically, 'is your husband's address in the US really your mother's house?!' Yeah, whatever, we moved out a month later but I didn't want to move into an apartment without having his input on location, etc. Also, asked if my mother had met my husband, (yes).

AH! I am so happy to hear someone else has done this in Honduras and not just me! I do have to ask you though - How long was it before your husband got an interview at the Honduras embassy? It's nice to know the whole living situation might not be too bad though. Did you have a cosponsor by any chance?

[amyandjorge 76]

We sent the petition in Feb 2011, he had his interview Jan 30, 2012, arrived in the US Feb 5, 2012. We got a little behind because of sending in the wrong form of his birth certificate, also had to bring a current police report to the interview because they are no longer valid after 6 months. We did have a cosponsor, a friend of his cousin that is a US permanent resident.

[Verdy 0]

We sent the petition in Feb 2011, he had his interview Jan 30, 2012, arrived in the US Feb 5, 2012. We got a little behind because of sending in the wrong form of his birth certificate, also had to bring a current police report to the interview because they are no longer valid after 6 months. We did have a cosponsor, a friend of his cousin that is a US permanent resident.

Thanks so much for the info! I really appreciate you getting back to me on that. As for the police report (hopefully you'll understand me here) is that the antecedentes penales? (Or at least I THINK that's what they're called back in Honduras...).

[amyandjorge 76]

Thanks so much for the info! I really appreciate you getting back to me on that. As for the police report (hopefully you'll understand me here) is that the antecedentes penales? (Or at least I THINK that's what they're called back in Honduras...).

yes it is. from the DNIC (or somethng like that) in Teguc

[Verdy 0]

yes it is. from the DNIC (or somethng like that) in Teguc

Okay, good to know! So he would need to bring it to the interview, there's no need to include a copy in the actual packet?

[amyandjorge 76]

well we included it in our packet to NVC (for CR1), but by the time we got to the interview 6 months had passed and it was expired. So he had to go get a recent one. Since we did the IR1/CR1 we didn't actually have to take any documents to the interview, except a copy of the antecedentes with a more recent date.

[jenniferjones101 19]

Jenniferjones101 - Wow, I really had no idea that the IR1/CR1 Spouse Visa existed...It seems like it's a really great option...Where did you and your husband get married? In the UK? And trust me - spending some time apart after almost 4 years wouldn't be much of a hassle! I'll definitely look into this, thanks so much!

We got married in Vegas since he could come here from the UK under the Visa Waiver Program. There is a little risk here that is Customs & Border Patrol might've thought he was coming to the US under the VWP with the intent to immigrate, but fortunately he brought ties to the UK along with him to prove he wouldn't overstay, so it wasn't an issue. The main thing to remember with getting married on the VWP is that you CANNOT get married on the VWP with the INTENT to immigrate (or adjust status). So we knew decided to get married in Vegas, then have him return to the UK while I filed the paperwork. We have made visiting trips back and forth through the process and haven't had any problems whatsoever. Also, it has taken us a shorter time to get our visa process completed than a lot of K1 filers. The other perk is that we've had less paperwork to file and less out f pocket expense this way and when he enters the US on his CR1 visa, he is a Legal Permanent Resident...no other paperwork to file!! He gets his SSN and green card automatically in the mail and he is immediately eligible to find work. We wouldn't have done it any other way

Good luck with whatever you choose and if you have ANY questions, send me a message. I'm happy to help!