What is the fastest way for a foreign spouse to enter US?

[healthteacher 18]

I'm a little confused about the K3,129F,CR1 processes. What would be the fastest way to have my spouse enter The US? This is more important to us than having a green card in hand before entering. Is there any way to have our interview in the US? If not, can she enter on the VWP (she is from a VWP country) and then return to her home country if necessary for the interview? Any guidance would be appreciated.

[Harpa Timsah 13,258]

Your previous posts said you married while on VWP and that your wife was currently in the US and you were filing AOS. Why are you asking this now?

[St&Sv 33]

In my opinion, and from what i've been reading this last year, the K1 is the fastest option. I don't know much about the K3 and I believe that many choose the CR1 over it. As for the VWP, my understanding is that if your underlining goal is to get married that you could be facing some serious problems. You would have to prove in some way that wasn't the original intent of the visit, though i'm sure others will chime in and let you know. Now if you were to be married in her country and then she comes on the VWP that is a different subject, and would also put you in the CR1 filing and subject to the border control.

Best of luck. Also google things like "marriage visa waiver program" "k3 vs k1 vs cr1" and things like this and you'll get your answers. I even bet that the first first results will come from this website.

Interviews happen in the beneficiaries home country.

Edited May 26, 2013 by St&Sv

[St&Sv 33]

Your previous posts said you married while on VWP and that your wife was currently in the US and you were filing AOS. Why are you asking this now?

Just noticed this myself too.

If what you said in your previous posts is correct, well you are already married then you won't fall into the K1 category. Also if she is already here, then that's a matter in itself.

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

[healthteacher 18]

Harpa, She had to return home unexpectedly, so upon her leaving the US she can no longer apply from inside the US, correct?

[speedwell 224]

I'm a little confused about the K3,129F,CR1 processes. What would be the fastest way to have my spouse enter The US? This is more important to us than having a green card in hand before entering. Is there any way to have our interview in the US? If not, can she enter on the VWP (she is from a VWP country) and then return to her home country if necessary for the interview? Any guidance would be appreciated.

Your fiancee is allowed to come see you in the US on the VWP to marry you, and then she must return to the home country. Your wife may visit you in the US on the VWP, and then she must return to her own country. An overstay on the VWP can be held against you in forms processing and any other immigration matters, and could result in a temporary or permanent ban.

A VWP entry stamp is good for a maximum of 90 days unless the visitor is Canadian (different rules apply). Trying to make back-to-back VWP visits is likely to result in refusal at the border. The VWP cannot be used more than 180 days in a given year.

It is illegal to use the VWP to marry and stay in the US to adjust status. It is illegal to use the VWP to enter as a spouse and adjust status. If someone tells you they adjusted status on the VWP, they are probably not understanding the question, or they did something illegal at some point.

Edited May 26, 2013 by speedwell

[healthteacher 18]

speedwell I am quite aware about the overstay thing, the 180 day thing, and not being able to adjust while in US. etc. That wasn't my question.

The question was now that my spouse is outside the US, what is the quickest way to proceed.

[*Snowdrop* 603]

Your ONLY option now you are married and she is outside the US is to apply for the spouse visa - CR1.

She can visit using the VWP while the process takes place - as long as she didn't overstay on her last trip. Although bear in mind that she will not be guaranteed entry and may be required to show evidence that she intends to return to her home country at the end of the visit before being let in (letter from an employer etc)

She will only be allowed to stay up to 90 days per trip with the VWP.

It's going to take 6-12 months for the process to complete before she is able to emigrate.

[oohpartiv 484]

Since she already left the US for her home country, it's not a question of what's fastest but what's available - and your only option is the CR-1. There aren't a number of spouse visas you can choose from... only this one. The K3 would have been the quicker option a number of years ago, but it's now obsolete since it takes just as long as the CR-1 does, and usually gets closed once NVC or the embassy sees an approved I-130 on file.

Read up on the CR-1 process and start getting ready. It takes around 8 - 12 months to get through the whole process, so I would get started ASAP if I were you.

[speedwell 224]

speedwell I am quite aware about the overstay thing, the 180 day thing, and not being able to adjust while in US. etc. That wasn't my question.

The question was now that my spouse is outside the US, what is the quickest way to proceed.

You didn't seem that aware when you posted your original question, healthteacher, and someone raised legitimate questions about the trustworthiness of your self-reporting. We are careful here.

As far as your spouse being outside the US now, the quickest way for your wife to get a permanent resident visa as a spouse is a CR-1/IR-1 filing (same forms, only the disposition is different based on how long you are married when your wife enters the US). If your wife qualifies for some other visa, such as work, talent, refugee, or clergy, she can apply for that visa instead.

If you are a resident of the same country as your wife, and it is a country that allows Direct Consular Filing, then you may find that process faster. I'll direct you to search the DCF part of this site for cogent answers.

Edited May 26, 2013 by speedwell

[healthteacher 18]

Is an I-485 still required when going the CR-1 route? What are the other fees besides the I-130 fee?

[speedwell 224]

Is an I-485 still required when going the CR-1 route? What are the other fees besides the I-130 fee?

Nope, no I-485. What you do is pay for the I-130 processing initially. Then once that's approved, you pay for the processing of the affidavit of support and the immigrant visa application itself. Then after a successful interview, you pay for the shipping of your passport back to you, and the new visa fee that everyone pays now. It's cheaper than the fiancee route because you don't have to deal with as many forms.

[Darnell 8,478]

The fastest way for your spouse to enter the USA is gonna be the Visa Waiver Program. When she checks her ESTA this weekend, what's what, and what's up ?

Is an I-485 still required when going the CR-1 route? What are the other fees besides the I-130 fee?

I feel really bad for you - you should turn off the handphone, come back to VJ from a PC, study all the links folk have given you over the past 6 months. It's a long weekend, you have time.

[Boiler 43,622]

The fastest way for your spouse to enter the USA is gonna be the Visa Waiver Program. When she checks her ESTA this weekend, what's what, and what's up ?

I feel really bad for you - you should turn off the handphone, come back to VJ from a PC, study all the links folk have given you over the past 6 months. It's a long weekend, you have time.

To immigrate? L1 transfer to the US by her employer.

[Ben Thardunthat 4]

A jet airplane would be the fastest way of getting to the US....