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

[ellisteph 1]

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.

I SO appreciate your detailed reply. Thank you!!

[Cathi 5,610]

You have 2 options, k-1 or cr1. You cannot enter the US with a b1/b2 or VWP with the intent to marry, stay and adjust status. That is indeed visa fraud and if denied there is a lifetime ban from the US with no appeal. Good luck!

[Done--Really 331]

Is there a quick and cheap way to get married in another part of Australia, NZ, or some other nearby country before you leave for the US ?? If so, consider it since it will cut off about a month of your waiting time -- the US doesn't care where you are married. Or as was mentioned above, file for the K-1 right now, and you can jump start that process as well, and get married in the US down the road after everything is wrapped up in Australia.

[Mike&Lin 39]

AlmostDoneWhew implied that your best option is Direct Consular Filing. Look at the link in that posting. Get married immediately then file at the embassy/consulate. It eliminates all of the USCIS processing time.

[Loki_Go 126]

How fast a K1 is processed depends on a few things- fiancee's country and what service center they'll be routed to are probably the biggest. And if there are any RFEs as well.

[Done--Really 331]

I don't believe DCF is available in Australia -- it is always the quickest and cheapest when it is available, however.

[Transborderwife 4,666]

I don't believe DCF is available in Australia -- it is always the quickest and cheapest when it is available, however.

I believe New Zealand dcf's but not australia

[NikLR 13,220]

AlmostDoneWhew implied that your best option is Direct Consular Filing. Look at the link in that posting. Get married immediately then file at the embassy/consulate. It eliminates all of the USCIS processing time.

DCF is not available in Australia.

[lost_at_sea 995]

I believe New Zealand dcf's but not australia

No Australia or New Zealand DCF.

The full list of field offices (which is what's needed for DCF) can be found here: http://www.uscis.gov/about-us/find-uscis-office/international-immigration-offices

[Ryan H 3,790]

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.

Additions and corrections to the above:

• The K3 visa was created by the LIFE Act of 2000. It will forever remain on the books unless repealed by an act of Congress.
• USCIS began tying the two petitions together and adjudicating them at the same time in 2006, not 2010. The State Department implemented the policy of Administrative Closure of the K3 when an approved I-130 is on-station in 2010.

[NikLR 13,220]

Thanks Ryan!

[subwayguy 100]

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?

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!

Is he an Australian national ? why does he have a sticker visa instead of applying for esta ? If Australians apply for sticker visa , they usually get it for 10 years instead of in your fiancés case , 5.

[subwayguy 100]

I had the same concerns when I applied for AOS within a week after entering the states on a f1 visa. I went to a darn good immigration solicitor and was told that you cannot enter the U.S. With intention to get married AND apply for AOS. However, in the case of you coming to the U.S. To meet your fiancé , and then 10 days later s/he proposed to your out of utter surprise , you two got married and apply for AOS , that is completely legal.

[Boiler 43,433]

Pretty sure 5 is normal for those down under.

[TandL 5]

I had the same concerns when I applied for AOS within a week after entering the states on a f1 visa. I went to a darn good immigration solicitor and was told that you cannot enter the U.S. With intention to get married AND apply for AOS. However, in the case of you coming to the U.S. To meet your fiancé , and then 10 days later s/he proposed to your out of utter surprise , you two got married and apply for AOS , that is completely legal.

I would have to say I agree with this.. If, the intent wasn't to get married... But after some time when you are in the USA, if you are proposed to out of utter surprise.. I don't believe it would be fraud...

But.. Just know there is a rule with this... I believe if it's before 60 days... It is flagged as fraud.. However if this happens after 60 days.. You have more of a chance to try and prove it wasn't fraud..

But everything is always up to the one you go to on applying for the AOS. It is always a risk of getting a 10 year ban though...

But if filing for spousal visa... You will be waiting longer then a K1 fiance visa.

I would honestly say the best bet is if you can't do Direct Consular Filing.. Then you should wait until you come back to the USA and get things ready to file for a K1 fiance visa.