Erm... I'm confused. Very confused

[Tuna 0]

Hello everyone, I was hoping I could pick a few of your brains.

A little background information may be useful;

I used to be in the USA on an F-1 visa, I married a wonderful American lass, I left prior to finishing my studies to pursue a job in the UK with the plans for my wife to follow later.

The job in the UK didn't work out, my wife stayed in the US at her job.

I would now like to return to the US to be with Mrs Tuna and to go back to finish off my studies.

Now, as best as I can tell my options are; i. a K-3 visa, ii. that CR1 - some other numbers and letters that I didn't actually know existed until I stumbled across this website, iii. trying to get a new F-1

Which one of the initial 2 is going to get me back into the USA faster?

How likely is it that an F-1 visa would be given to an unemployed person, who doesn't own property, and who has an American wife?

Thank you for any answers that you can offer.

[The Mean Lady 604]

You would file for a CR1 if you are intending to live in the US

There is no need to waste time and effort filing the K3 visa as they are VERY rarely completed because the CR1/IR1 move so much faster now.

I cannot help you with your F1 questions, sorry.

[Ms Hogan 296]

If you are married then you will be applying for a CR1/IR1 -CR is if you've been married less than 2 years at the time of your entry. IR is if you've been married greater than 2 years. You submit I-130 petition to start. The K3 is obsolete.

[Nich-Nick 3,354]

The CR1/IR1 gives you a greencard as soon as you enter the US. Why bother with an F1 you may not get and doesn't give you permanent residence?

[Ryan H 3,915]

IR is if you've been married greater than 2 years.

Slight correction, IR-1 is if you have been married greater than or equal to 2 years.

[Ms Hogan 296]

Slight correction, IR-1 is if you have been married greater than or equal to 2 years.

What Ryan H said

[Tuna 0]

Thanks very much for all the information, it is very useful. It looks like I will be applying for an IR1 then. The idea behind the F-1 would be that it may be a quicker process.

I see that this whole thing may take 8-9 months, is it possible to enter the US during the time of the application? As best as I understood it (which is obviously not very well) the K-3 was meant to make it quicker to be together.

I've had a number of people recommend that we use an immigration lawyer, but looking at some of the prices I don't think that is really an option; is it common for people to use immigration lawyers?

Sorry for all the inane questions, I really appreciate the help.

Thanks.

[Penguin_ie 6,001]

Yes the foreign spouse can use the visa waiver program to visit as usual, but cannot work/ study etc. It's always good to bring ties to home, and the receipt notice once you filed, as proof you want to do things the legal way.

The K3 was designed to bring people together quicker, but that was years back when the CR-1 took many years. Now it;s done in less than a year for most people.

This is a DIY site, so most people here filed themselves. A lawyer is a good idea if you have red flags (criminal convictions, previous overstays), or difficulty with reading comprehension/ filling out detailed forms.

[Tuna 0]

Thanks very much, that helps a lot. I would think that my application should be quite straight forward, no exciting criminal convictions and I've always left when required too.

Thanks again.

[earthwormgym 1]

hello!

Looks like you and I have VERY similar situations!

I was a student once, who studied for three years in the US under an F-1 student visa. This is where I met my lovely wife.

Sadly, the visa process does not do us any favours. Since my studies had finished/I graduated, I couldnt return on the same F-1 visa without an I-20, which the university in the States provides to you to show you are still there. So you couldn't return on that same visa.

Which means the other option, which other people have already said on this forum. You start by getting your other half to send off the I-130 and then the long wait begins...

Let me know if you have any more questions. :-)

[pushbrk 13,691]

Thanks very much for all the information, it is very useful. It looks like I will be applying for an IR1 then. The idea behind the F-1 would be that it may be a quicker process.

I see that this whole thing may take 8-9 months, is it possible to enter the US during the time of the application? As best as I understood it (which is obviously not very well) the K-3 was meant to make it quicker to be together.

I've had a number of people recommend that we use an immigration lawyer, but looking at some of the prices I don't think that is really an option; is it common for people to use immigration lawyers?

Sorry for all the inane questions, I really appreciate the help.

Thanks.

K3 keyword above is "WAS". Doesn't work that way anymore.

F-1 would be quicker but is likely to be denied because you are already married to a USC. Take the spouse immigrant visa route. Chances are you can visit during the process.