Which way do I go George?

[darkwingduck 0]

I'm the citizen living with my fiancé in Adelaide, Australia since February. I left USA from Florida(still have my Florida ID), but I'll be moving back to Louisiana when my visa here runs out at the end of January. Would our case be going through the Vermont or Texas service center? Also, we were considering the K-3 option, but it's looking to be quite unpopular which begs the question, is it worth it? I know it's for married couples. We aren't too particular about where/when the wedding occurs, (we'll probably just hit the registry office here if we go the IR1/CR1 route or Las Vegas if we K1) we'd just like to keep our time apart to a minimum like everybody else on here which is why I'm thinking the K1 is the option for us as they seem to be getting processed marginally faster, even if at a higher cost in the long run.

I'm sorry if this is something I could have sorted through the search function. Stress + sleeplessness + trying to sort this process....not good for the brain.

[darkwingduck 0]

Also, if we go the IR1/CR1 route, any chance of things being expedited since we'd be filing abroad, even without some crazy family drama I absolutely MUST attend to? Not trying to scam anything, just curious as my fiance tends to panic and get a little pessimistic in a hurry. A glimmer of speedy hope would certainly pad things for her.

[atm 8]

All the very best to you, and welcome to the VJ community. My process was very different, so I am sure others will chime in with advice, but whichever way you go, it is a long process which involves a lot of dotting i's and crossing t's, and above all, a lot of careful planning and research. I have also found that nerves of steel have helped!

Don't panic and good luck. The guides on this forum are excellent, so you should definitely pore over them carefully!

[Yassine Fatima 4]

Hey, there is another option called DCF ( Direct Consular Filing ) , DCF procedures state that if a US Citizen lives overseas they may file the I-130 for a foreign spouse , So you can file I-130 petition via a Consulate overseas, rather than through the US Service Center. and to be qualified for DCF , you need to have a permanent residence in Australia for a period of six months prior to submitting your i 130 ! and yes ' dark wing duck ' u r eligible since u have been there since Feb.! So if you marry now and file ur i 130 , your spouse will get her/ his green card even before January ! Good luck .

[darkwingduck 0]

Yassine, as I understood the DCF requires an embassy with a USCIS field office and unfortunately for us, Australia doesn't have one.

[lost_at_sea 995]

The K3 is basically defunct. No one bothers with it anymore, because the IR/CR-1 is obtained before the K3 ever gets done.

Theoretically, the most expeditious path is the K1. It's historically been faster to obtain than the CR-1. These days, the gaps have closed somewhat so there's less in it, time wise, so you may wish to consider the other benefits more closely. Personally, I think the CR-1 is better.

In terms of other benefits - the CR-1 will certainly be cheaper in the long run. You won't have to do Adjustment of Status after you enter the US and marry (as K1s do, which runs at just over $1000 on it's own). You also get the benefit of an immediate 2 year green card with the CR-1, whereas K1s can't work or leave the US until they've obtained the appropriate paperwork (which takes 2 - 3 months after they marry and file).

There's a comparison page here: http://www.visajourney.com/content/compare

Also, in case of confusion - I'm assuming you'll get CR-1, not IR-1, because you're looking for the fastest route. IR-1 (which comes with an immediate 10 year green card) is for couples married 2+ years when they obtain their visa and enter the US. Both CR-1 and K1/AoSers get the 2 year green card and have to remove conditions on their 2 year card 90 days before it expires.

You can spend as much time as you like digging through the data here from VJ on timelines: http://www.visajourney.com/timeline/ You'll find stats, historical data and be able to look specifically at folks who filed from your neck of the woods.

Finally, this is a thread of people living abroad who filed IR/CR-1 and have tried to work out if they've been auto-expedited: http://www.visajourney.com/forums/topic/357465-usc-petitioner-living-abroad/ You might find something useful in there to help you decide.

Edited August 10, 2013 by lost_at_sea

[darkwingduck 0]

Thanks for defining the IR/CR deal there Lost. I've been combing VJ for a few days. Thinking that's what caused my brain to implode. The "living abroad" link offers a glimmer of hope. Nobody we know here is much help as the only immigration experience our friends here have dealt with were folks trying to jump from USA to Australia.

[KayDeeCee 4,892]

~ Moved from K-1 Process to What Visa Do I Need- OP deciding on immigration path ~

[Harpa Timsah 13,258]

There is a chance that you'd get in the "auto-expedite" queue, but it seems slower than before, and no one is really keeping that thread up very well. I'd plan for the worst and hope for the best. Even when it was going well it was not a guaranteed thing.

Edited August 10, 2013 by Harpa Timsah