Marriage and immigration questions

[wintercherry 0]

Hi, idk what the best category for this is but i have questions regarding marriage and immigration to the usa.

Im 23 year old and from europe, i have a bf since ca 2 years who lives in the usa.
We talk daily and i haven't met him in person yet but i visit him soon.
We already know that we want to live together and marry, so the meeting is basicly only to confirm that.

We know that the usa is not the easieast place to immgirate to,
so we are unsure what route would be the best and fastest to get me over.

I will visit him in the next 1-2 monthes on a esta/vwp but im unsure how to continue after this point.


Should we get married while im on the tourist esta/vwp, then have me return to my country.
(so it wont be visa fraud if i plan to return anyway from what i know as i did not married to stay rightaway)
then applying for k3 and continue this way?

Or should i visit him and not marry yet, return to my country and have him rather get me a k1 visa
to marry him later and continue from there?


I need help now to find the best and fastest way, what would be the next steps in either routes and
are there perhaps even faster or better ways?We just want to live together as soon as possible and i
want to spend as less as possible time without him after i have to return when my visit is over...


Note that im a transgirl and still offically count as male, so it will be same sex marriage, im not sure if the steps are different
here, he lives near seattle.

[KayDeeCee 4,893]

K-1 or CR-1. The K-3 is practically obsolete.

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

~ Moved from General Immigration-Related Discussion to What Visa Do I Need - OP deciding on immigration path~

[JFH 12,190]

We can't really advise you when to get married - only the two of you know when you are ready for marriage. Personally, I think you're still very young and you don't really know each other well yet so marriage, in my opinion, would be unwise at this point. However, it's your life so do what you feel is best.

The main difference between the visa types is your status upon entry into the country. With a CR-1 spouse visa you are a permanent resident immediately and can work right away. With a K-1 visa you are not a permanent resident until many months after the marriage. This affects work, travel, in some states it also means you can't get a driving license, and so on. Personally, and again this is just my opinion, I can't see any benefit to a K-1 visa for someone who works and is from a VWP country. You can continue to visit your spouse during the process. But some people are happy to forgo the immediate permanent resident status in order to move there a few months quicker on the K-1 vs the CR-1.

Edited October 4, 2016 by JFH

[wintercherry 0]

Hi, i have read through the article about the visas but im still not sure about what to pick, cr1 seems the most reasonable but the wait time is to way to long for us, we want to stay together as soon as possible.is there anyway i can stay with him in the us while my aos is in progress after marriage,even if i cant work rightaway? Cause being seperated for such a long time that cr1 takes and only being able to visit a few times is no option for us we want to live together as soon as possible it pains us everyday being seperated, even if getting the greencard itself would take longer that way.

[KierenHby 899]

Apply for the K1 fiance visa, its faster.. 4-6 months for US entry.. then get married (CR1 is cheaper, but takes longer).

[wintercherry 0]

Okay sounds good, there is just a thing i dont fully understand yet about the k1.

After k1 is approved i have 6 month to enter the us, after i entered i must marry him in the next 90 days rigth? So after marriage we will apply me aos ,but during aos where will i stay as the visa only lasts 90 days?Can i stay with him while aos is in progress or do i have to return ?

Edited October 4, 2016 by wintercherry

[Ryan H 3,812]

Okay sounds good, there is just a thing i dont fully understand yet about the k1.

After k1 is approved i have 6 month to enter the us, after i entered i must marry him in the next 90 days rigth? So after marriage we will apply me aos ,but during aos where will i stay as the visa only lasts 90 days?Can i stay with him while aos is in progress or do i have to return ?

Once the AOS paperwork is submitted, you enter a period of authorized stay while your case is pending. If this is the route you ultimately choose, do not leave the US during the AOS process unless you have an Advanced Parole document. If you were to leave the US while AOS was pending and you did not have the Advanced Parole document, the AOS case would be considered abandoned and you would have to start over again with the spousal visa process.

[NikLR 13,227]

Does your boyfriend leave his clothes on the floor? Maybe wet towels? The toilet seat up? Does he clean the bathroom? How about his car? Dirty dishes? Do you both want kids? What about how to raise them? Does he play video games? Is he a picky eater?

There are so many things about a person you just dont learn until you live with them imho. Some you can overcome, some don't matter, other things, even minor things, can irriate the living hell out of you.

Sure a k1 is faster but how is the public transport in his city? Are you really okay with not having a life for 90 days after filing for AOS if you cant work and cant get around?

So immigration is a lot more than just I love you, it's a huge step. Think about it, definitely visit and decide from there what the best method is, or if you should even try. Be honest with each other to who you are.

[JenniferNangel 137]

Okay sounds good, there is just a thing i dont fully understand yet about the k1.

After k1 is approved i have 6 month to enter the us, after i entered i must marry him in the next 90 days rigth? So after marriage we will apply me aos ,but during aos where will i stay as the visa only lasts 90 days?Can i stay with him while aos is in progress or do i have to return ?

You need to meet first before you can apply for the k1