Fiancee or spouse visa? (Stay engaged or get married?)

[Beachkatt 0]

Greetings, we are still debating which process to use for my fiancee from Denmark (Stockholm processes)...fiancee i-129 or just get married and do spouse i-130. 1) Stockholm quoted a wait time JUST TO RECEIVE to begin processing FROM NVC of 5-6 mos for fiance visa but 12-15 mos for spouse??? Seems quicker to do fiancee in that case. 2) I see some have used various processing centers for an i-129. Online appears to say use Dallas for ALL fiancee visas. Our biggest concerns: 1) He has to train someone to take his place at work in order to resign in Denmark, no clue how to judge timeline. 2) Best way for him to work when he gets to the states? We have a job lined up for him but need to let that employer know an approximate timeline. I see one person on here appeared to have it approved and in hand within 4 months with fiance visa. I understand you get a *relatively immediate* work visa? Then we have to get married and apply for spouse visa? Is it easier if we just apply for spouse visa? Do you get a temporary work visa when you submit the spouse application?  Sounds like a lot of forms and a lot of fees and confusion. Any advice would be greatly appreciated. We've called all agencies and get different answers from all. 

Edited January 23, 2017 by Beachkatt

[Transborderwife 4,666]

If you want to work right away and cut down on paperwork I suggest a cr1.  With a k1, after you marry there's a whole new set of fees and paperwork called adjustment of status.  Plus, it takes about 90 days to get a work permit after filing.  

[Ben&Zian 4,397]

Agreed.

 

K-1 is about 5-8 months'ish; but then after marriage still have the AOS filing and cost and then the wait for the work permit.

 

CR-1 you don't have to wait for AOS; but it takes longer to process initially, 12 months about.

 

Each has their own pro's and con's.

 

And yes, all I-129F petitions are sent to the Lockbox in Texas, then they are dispersed to the appropriate service center(most likely CSC).

[Beachkatt 0]

16 minutes ago, Transborderwife said:

If you want to work right away and cut down on paperwork I suggest a cr1.  With a k1, after you marry there's a whole new set of fees and paperwork called adjustment of status.  Plus, it takes about 90 days to get a work permit after filing.  

How would he work right away? How would one get married first then? He has ESTA, which he can come and go "Visa waiver program" we could sponanteously get married, he go back to Denmark because that's only good for 90 days at a time....while we wait. Or are you saying once we are married, we file paperwork, he is then granted an immediate work and stay visa from being married?

[Transborderwife 4,666]

Just now, Beachkatt said:

How would he work right away? How would one get married first then? He has ESTA, which he can come and go "Visa waiver program" we could sponanteously get married, he go back to Denmark because that's only good for 90 days at a time....while we wait. Or are you saying once we are married, we file paperwork, he is then granted an immediate work and stay visa from being married?

Marry, he goes home and you file cr1.  It'll take a year or so but he has ability to work upon entry.

[Beachkatt 0]

Just now, Transborderwife said:

Marry, he goes home and you file cr1.  It'll take a year or so but he has ability to work upon entry.

Ugh. We don't want to wait a year. So I'm clear though, the alternative is fiance visa...approved in approximately 6 mos. then ANOTHER 3 mos to get the work permit? So 9 mos? When like you said in a year you'd have everything and less fees? Do I understand all that correctly? 

[Transborderwife 4,666]

4 minutes ago, Beachkatt said:

Ugh. We don't want to wait a year. So I'm clear though, the alternative is fiance visa...approved in approximately 6 mos. then ANOTHER 3 mos to get the work permit? So 9 mos? When like you said in a year you'd have everything and less fees? Do I understand all that correctly? 

K1s can take up to a year, is plan for 8 months.  So anywhere between 9-15 months and he would have a permit.  It just depends on case load and administrative processing.  

 

Yes, the spousal visa is less fees and less paperwork between 12-16 months.

Edited January 23, 2017 by Transborderwife

[Beachkatt 0]

On 1/23/2017 at 2:36 PM, Transborderwife said:

If you want to work right away and cut down on paperwork I suggest a cr1.  With a k1, after you marry there's a whole new set of fees and paperwork called adjustment of status.  Plus, it takes about 90 days to get a work permit after filing.  

How long is the work permit good for?

[Transborderwife 4,666]

3 hours ago, Beachkatt said:

How long is the work permit good for?

A year or until you get your greencard 

[LionessDeon 2,060]

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

 

there is information on this in the guides that can help you decide. 

[Unlockable 7,306]

One other thing to keep in mind about the K1 is that when he arrives on the K1 visa he will not be able to leave the country until he gets travel documents which takes the same amount of time as the work authorization (approximately 3 months).