Marrying in US with fiancé in B1 visa? (merged)

[ellisteph 1]

Hey guys,

So here is some quick background info to give you an idea of your situation. My fiancé and I have been living overseas in his home country of Australia for just over 2 years together. We began dating in 2012 and I moved over to Australia almost ASAP since he was enrolled in school. Our plan was to always move to America together when he finished his degree. Well he is graduating this October 2015! Now before going further I know nothing with the K1 or K3 is predictable or easy, but I am really looking for personal experience (if you have any) and if not, can you please supply a link to where I can go for more information regarding my question...

I am moving back to USA permanently next month, June 2015. He is coming with me to help me move as well as a quick visit with my family. He has a roundtrip ticket. Then our ideal plan is him to be able to move to US in October 2015 once he is done with school... which brought us to, which is better the route for getting us together quicker, K1 or K3?

When we began looking at K1 vs. K3 options, we saw K3 means he came come to USA with me immediately and await the process together in USA (#1, Is this correct?) However, we already have our June 11, 2015 flights booked and in Victoria you need a MONTH to get a Marriage license/certificate, which is just a few days too long for us since we are leaving too soon and so thus we thought K-3 is off the table....

So, we started looking at K-1 option. Which we all know takes a long time (I am hearing right now 12-14 months?!) and means we are separated for that entire time.

Which is really hard to do when you've already been living together and building a life together for 2+ years. It feels like going backwards! So we were currently thinking K1 was our only option (Since we missed the marrying in Australia/K-3 window by just a few days, as I mentioned above).....HOWEVER...

I JUST realised.... Can we get married in the U.S while my fiancé is visiting on a B1/B2 visa???

Can someone please point me towards information regarding getting married in the U.S while fiancé is visiting on B1/B2 visa?

(My fiancé is on a multiple entry B1/B2 visa that was stamped into his passport and given to him by the US Consulate in Australia which is good for 5 years. The man told him "he can use it as many times as we wants, and stay as long as he wants but don't stay too long because then it'll look fishy". Obviously we would never go past the usual 3 month entry anyway. And plus in this case, Elliott is leaving July 7 to return to Australia to finish is schooling, he has proof of enrolment and schedules.)

If this is at all an option, here is how it might go:

- Together we go to USA, June 11, 2015 (I am staying there, Elliott has roundtrip ticket departing July 7, 2015)

- We get married in a town court/clerk office sometime during his short stay

- Elliott returns to Australia July 7 and remains in Australia for school

- More towards his graduation we submit K-3 Spouse visa

- Elliott graduates in October

- Elliott is then able to come to October to stay with me in US while visa is processing (#2, Is this correct?)

I apologise is this is an obvious "NO" but we are trying to hard to pick the best route, and so I had to ask.. Thanks

[Boiler 43,362]

You can marry on a B, actually you can marry without any status.

K3 is dead, would be CR1/IR1.

[Transborderwife 4,666]

Yes you can, but you'd be filing for a CR1. The k3 is virtually obsolete. It will still take about 9-12 months.

[Cody and Daisy 373]

I don't really have time to do the full research for you right now but I'm sure someone else is.

It is perfectly fine and legal for your fiancé to visit and get married and then return home!

The two visas to chose from are the k1 and cr1( k3 is pretty much obsolete)

K1 obviously with entry has 90 days to marry, this visa takes from 3 to 12 months to finish completely.

A cr1 is the spousal visa so you'd already be married and would get a green card upon entry to the states unlike the k1 here you have to apply for AOS after marriage. I don't know the full statistics but I believe a spousal visa takes longer than a k1.

At the moment a lot of k1 initial applications are being approved quick.

And of course your fiancé can visit during either process.

[Boiler 43,362]

K3 is dead and would take a year orso anyway

You can marry on a B.

CR1/IR1 is what you are then looking at, 12 months or so.

Best bet would be to marry whilst you are still in Australia and then file before you leave.

[Done--Really 331]

Read this first !! And there is no doubt in my mind that you should marry ASAP in Australia and file the papers before you leave

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

[ellisteph 1]

A cr1 is the spousal visa so you'd already be married and would get a green card upon entry to the states unlike the k1 here you have to apply for AOS after marriage. I don't know the full statistics but I believe a spousal visa takes longer than a k1.

At the moment a lot of k1 initial applications are being approved quick.

Thank you!

We were worried it would look like visa fraud.. I have seen some articles saying entering the US with "intention to get married and staying "is visa fraud. Which isn't what we are trying to do, since he isn't immediately staying. But I guess we are worried about the "entering with intention" part as well.

So at what point do you file for AOS?

Is it required immediately after marriage, or only once spouse has entered the U.S?

So spousal visa may take longer overall, but the wait time to be together is the shortest, right?

Thanks!

[ellisteph 1]

Yes you can, but you'd be filing for a CR1. The k3 is virtually obsolete. It will still take about 9-12 months.

The spousal CR1 takes 9-12 months? Thats total wait time for AOS and work rights, correct?

It is still the best option for being together immediately, correct?

Sorry just confused. So if we marry in June and lodge CR1 once he returns to Australia July 7th, when is it expected he is able to come to US?

Read this first !! And there is no doubt in my mind that you should marry ASAP in Australia and file the papers before you leave

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

Sadly we can't marry in Australia because apparently in the state of Victoria you need to file Notice of Intended Marriage one month before you plan to marry, and unfortunately for us we have tickets booked to US and so we won't be able to file and receive a certificate in time before we leave. Thanks for the link!

[Transborderwife 4,666]

You can file the cr1 immediately after you marry. Expect to have him there between may-July of 2016.

[Boiler 43,362]

No AOS with Spousal Visa, you enter as a LPR.

Wait time to be together is longest.

Time to do some reading.

[ellisteph 1]

You can file the cr1 immediately after you marry. Expect to have him there between may-July of 2016.

Oh wow ok Thanks. Thats really not what I thought... I was under the impression the spousal visas aim to keep families/couples together and thus allow them into the country quicker, while visa is processed.

I see now from the link AlmostDoneWhew gave me that the CR1 says "Separation from family may be longer than if filing for a K-3 Visa (or K-1 visa for a non-married fiance). The applicant will most likely not be able to enter the US while their IR1-CR-1 Visa is being processed."

Whereas the now nonexistent K3 says " Generally allows applicant to enter the US faster then waiting for the I-130 to be approved and the IR-1 / CR-1 visa to be issued."

So surprised. I really thought the spousal one allowed you entry to be together sooner.

Also why is the K3 obsolete?

Thanks guys. Such a big help..

[ellisteph 1]

No AOS with Spousal Visa, you enter as a LPR.

Wait time to be together is longest.

Time to do some reading.

Thanks, I have been reading.. It is just very hard when I get mixed stories.. For example someone just yesterday told me K1 is currently taking 14 months. Yet today I see someone says its currently relatively quick.. Its a lot to take in and try to figure out which is correct

[Ontarkie 13,883]

~~Duplicate threads merged. Thread also moved to What Visa Do I Need as the OP has not filed anything and is still learning.~~

[Transborderwife 4,666]

The I-130 petition needed for the cr1 used to take a lot more time to process so the k3 was available to circumvent that length. Now it is no longer so. There's nothin quick about US immigration.

[NikLR 13,220]

The K3 is an essentially obsolete Visa. In my years here at VJ I have seen very few go through and having done math for 2012, they were granted about 0.03% of the time that year. They were introduced a long time ago, I do not remember the exact year, when spousal petitions took YEARS vs months.

However, since I think 2010, it has been USCIS policy to adjudicate the I-130 and I-129F together. (Filing both petitions in the correct order can start you on the K3 path.) They are then normally sent to the NVC, the National Visa Center, together. If the NVC gets the I-130 before or at the same time as the I-129F, then they will close the I-129F. Then you have zero choice but to continue on the IR1/CR1 path. Even if the I-129F makes it first, a consulate may learn of the approved I-130 and close the path or demand the CR1 paperwork anyhow. So really you can try, it's up to you, but don't get your hopes up. Just to note, from beginning to green card, the K3 path is about twice as expensive as the CR1 path.

• IR1 = spouse of a USC married for 2 years or more at entry to USA after visa is granted. 10 year green card is given.
• CR1 = spouse of a USC married 2 years or less at entry. 2 year green card is given.

A CR1 will have to remove the conditions on their green card up to 90 days less than the 2 year expiration date of the card.

The benefit of a CR1 (or IR1) visa is that the spouses can marry wherever they want and the beneficiary becomes a legal permanent resident (LPR) or green card holder immediately upon entry to the USA. There is no adjustment of status. It's marginally cheaper but a little longer than the fiance K1 route.

You could also not marry in the USA and start the K1 visa process now. Your fiance would still be able to visit and in 6-12 months you can get married in the USA. The beneficiary would have to adjust their status which takes about 6 months to a year.

No matter how you look at it or if you get married now or later, your legal paths are limited and there is not much of a chance of your fiance joining you in the USA in October 2015. Even if you go the K1 route you're looking closer to December or January.

Edited May 8, 2015 by NLR