Fiance Visa or Marriage Visa? Best Option

[brian_mosher 9]

I met my fiancé while working in Mexico for a year. I'm back in the States now and am trying to figure out the easiest and fastest way to get her here with me. The only 2 options I know of are the Fiancé visa to marry here within 90 days of her arrival, or the I-130 process, getting married in Mexico and applying that way. We actually have a date of Feb 7th set to get married in Mexico, but we're open to doing whichever method will get her here the fastest. Any advice on this? I had a consultation with an immigration lawyer last week and she told me that all of the processing centers are currently 8 months back on processing the K-1 visas, except CA, which is like 5 months back. But there is no way to know which one it would get sent to. And then I've heard 9-12 months for the I-130 process. Also, any reason to hire a lawyer for this? Can they really be of any additional help to the process? All of the step by step info is out there on the web it seems like.

Thank you for any advice on this as the lack of clarity is really becoming a stressor on us.

Brian

[j&ana 363]

K-1 fiancé visa is the fastest. There are only 2 service centers that process the K-1 Visa CSC California service center and TSC, Texas service center.It depends on what part of the U.S.A you live in as to where your petition will be sent CSC is processing faster then TSC now. TSC is a little behind but you can check other people timelines on here from your country applying for K-1 visa and get a rough estimate of how much time that will be

of course if you did the K-1 visa you will have to marry in the states within 90 days of your fiancé arriving.

No reason to hire a lawyer unless your case is complicated. The forms are not that hard to fill out and there are useful info here and people willing to help out

Edited January 12, 2015 by j&ana

[sma1488 155]

K-1 is faster, but you can't get married in Mexico. Since you're from Florida, you would get sent to Texas Servie Center, the slower of the two, which is currently (unofficially) taking 6-7 months. Add another 2-4 months for the parts of the process that occur at NVC and the consulate in Mexico, and you're looking at roughly 8-10 months, depending on whether TSC gets its act together or not. I believe the CR-1 spousal visa would still take longer, though.

You can do it without a lawyer, but you need to be very good at following directions, researching, and paying attention to details.

[brian_mosher 9]

Thanks. I think this lawyer i had the consultation with said they processed them out of California, Texas, Nebraska, and Vermont and she checked each of them on some website and said all but California were processing apps from May 2014 still. California was only like 5 months back. But I also didn't get a very good vibe from her, so she may not have been giving completely accurate information. I'm aware if we go K-1 route, we need to get married here, not there. That's why I'm trying to make a decision now. If K-1 is the better option, I'll start the filing process this week. If we go the marriage visa route, I have to wait until we plan on doing that on Feb 7th in Mexico.

[j&ana 363]

Thanks. I think this lawyer i had the consultation with said they processed them out of California, Texas, Nebraska, and Vermont and she checked each of them on some website and said all but California were processing apps from May 2014 still. California was only like 5 months back. But I also didn't get a very good vibe from her, so she may not have been giving completely accurate information. I'm aware if we go K-1 route, we need to get married here, not there. That's why I'm trying to make a decision now. If K-1 is the better option, I'll start the filing process this week. If we go the marriage visa route, I have to wait until we plan on doing that on Feb 7th in Mexico.

your lawyer is confusing the IR-1CR-1 spousal visa (which are process at more service centers) with the K-1 fiancé visa .K-1 is only process at two csc and tsc

K-1 fiancé visa is the fastest as long as you meet all the requirements.

Edited January 12, 2015 by j&ana

[RobbieG 94]

We married in Mexico in Oct '13.

We filed the I-130 Feb 5, 2014. Our interview was Jan 7, 2015 and we were approved.

We did not use a lawyer. I would not recommend using a lawyer unless you have a complicated situation.

Good luck!

[brian_mosher 9]

Congrats RobbieG! That's great for you guys. Thanks for the replies. I think starting the K-1 this week is probably going to be the fastest option for us, and just holding a family celebration in February for her family to attend rather than legally getting married then. No complicated situation at all, so I don't forsee any issues.

Thanks again. Will keep my timeline updated.

Brian

[raven52 233]

There is not too much difference right now between the two types of visas. Living in Fla., you will probably get TSC., but as happened about 3 months ago, TSC, transferred a huge amount of petitions to CSC, and those people were getting approvals within a few weeks, but it stopped, but as TSC, falls further behind, I would not be surprised to see a huge amount to CSC again, if not pretty soon TSC is going to be nearing a year for a K-1. IF, transfers happen again, then the K-1 would have a big jump as it did a few months ago. Go with your heart, decide with your spouse to be. I tend to agree with your last comment, the K-1 might be quicker.

I just wish the director, or who ever, would even the work load, for TSC and CSC, and make it fair for everyone.

If you are good studying, and double and triple checking documents, and use the exact Guides on this site, you should have no trouble. An attorney is a waste of money, unless you have legal problems.

[j&ana 363]

One other thing you might want to think about is that the spousal visa takes longer but your fiancee wife in that case will automatic be perment residence whrn she arrives with the k-1 visa you will do ajustment of status later. So each visa has its pros and cons

[NikLR 13,220]

Are you both legally living in Mexico?

Mexico has DCF so you can get married there, and file for DCF (direct consular filing) which would make a spousal petition about as fast or faster than a K1 visa. It would also be about 1/2 the price.

[NikLR 13,220]

If not then see our comparison chart and figure out which is best for you as a couple. If it's important for your fiancée to get married in her home country with her family there, then maybe the CR1 is the route to go. After all it will be about 90 days after filing the AOS on a K1 visa that she would be able to work or travel. Meanwhile as a CR1 she could travel or work right away because she'd have a green card upon arrival. So the K1 is faster to visa but the CR1 is faster to green card and is about $700 less in fees.

[Enigma23 68]

Also any celebration or event religious or otherwise that can be considered a "marriage or wedding" has on occasion caused people to get denied for the K-1 visa as some Consular Officers look at is as married or as I have seen it put "not married enough for a Spouse visa but too married for K-1"...

And as said the Spouse visa can be a little bit longer but is cheaper and she arrives with full rights... similar to a USC.

Currently my Husband and i are waiting for his LPR so we can have our "real wedding and honeymoon" so that we can take a cruise honeymoon without any immigration hassle. Until the incoming immigrant has the LPR card (Greencard that is no longer green lol) The new immigrant has ot use their passport from their country and are restricted by their countries visa requirements. So if their country needs a visa normally after they arrive here they will need to apply for that visa to travel... If the come on the Spouse visa they can immediately work and travel freely on arrival as they are treated as if they are a US Citizen.

Looking back now.. this is the route we would have chosen.

Edited January 12, 2015 by Enigma23

[NikLR 13,220]

My green card is green.

[brian_mosher 9]

Enigma, I'm confused. So you are telling me that if we have a celebration, that has no legal binding whatsoever, they may deny a K-1 visa? I find that hard to believe since everything is driven by legality. How can they deny you a K-1 because you had what appeared to be a wedding celebration, but there is no documentation anywhere that you are a married couple? Has anyone else ever heard of this?

And this may be a totally dumb question, but she doesn't currently have a Mexico Passport. This isn't a prerequisite to getting one of these Visas is it? Having to file for her change of status when she gets here isn't important to me. She can wait and get a job after all that goes through. I'm just trying to find the fastest and smoothest way to get her over here for now.

[nitsirk7562 82]

In some cultures, having a religious ceremony and exchanging vows is considered a legally binding wedding. You're fine. Throwing a party is not a wedding, just don't refer to it as a wedding to avoid confusion.

And yes, your fiancée definitely needs a passport, asap. You don't need it to apply for K1, I believe, but they need it for the interview and to put the visa in there.

Enigma, I'm confused. So you are telling me that if we have a celebration, that has no legal binding whatsoever, they may deny a K-1 visa? I find that hard to believe since everything is driven by legality. How can they deny you a K-1 because you had what appeared to be a wedding celebration, but there is no documentation anywhere that you are a married couple? Has anyone else ever heard of this?

And this may be a totally dumb question, but she doesn't currently have a Mexico Passport. This isn't a prerequisite to getting one of these Visas is it? Having to file for her change of status when she gets here isn't important to me. She can wait and get a job after all that goes through. I'm just trying to find the fastest and smoothest way to get her over here for now.