Which is our best option?

[AStie 0]

Hello All,

My name is Aaron and I am looking for advice about the immigration process/options for my foreign fiance. I am a US Citizen and met my fiance while travelling in the Ukraine. Needless to say we have fallen madly in Love, and have been travelling back and forth between the US and the Ukraine as we are able. We both work, and have been enjoying extended time together when we can arrange visits. We are looking forward to spending two months together between August, and the end of October, as we are in the process of planning to get married. I proposed to her in June and she accepted the offer! We want to do a destination wedding with close friends and family outside the US, but I also want to consider our best option for having time together as much as this process allows. I am aware that if we go the K-1 fiance Visa route, which looks to take about 5-7 months, she will have to remain in the Ukraine the entire process. I am wanting to know, if this as lso applies to the spousal Visa? Do we have any options that will allow her to freely travel to the US while we are awaiting approval, or will the best option be for her to wait in the Ukraine. We really want to have children together, and we are also considering our ages. She is 38 and I am 39. I appreciate any advice in advance and I am really grateful to have come across this site as a resource.

Kind regards,

Aaron and Vika

[Roel 7,191]

16 minutes ago, AStie said:

Hello All,

My name is Aaron and I am looking for advice about the immigration process/options for my foreign fiance. I am a US Citizen and met my fiance while travelling in the Ukraine. Needless to say we have fallen madly in Love, and have been travelling back and forth between the US and the Ukraine as we are able. We both work, and have been enjoying extended time together when we can arrange visits. We are looking forward to spending two months together between August, and the end of October, as we are in the process of planning to get married. I proposed to her in June and she accepted the offer! We want to do a destination wedding with close friends and family outside the US, but I also want to consider our best option for having time together as much as this process allows. I am aware that if we go the K-1 fiance Visa route, which looks to take about 5-7 months, she will have to remain in the Ukraine the entire process.

K1 takes more like 10 months now. And yes she will have to remain in Ukraine though if she manage to get a toursit visa, she can visit. After she arrived and you get married you also need to file AOS.  Which takes about a year. Only then she gets a green card. She also will not be allowed to work and travel outside of the US until she applies and receive proper permits (about 3 to 6 months wait). 

 

16 minutes ago, AStie said:

 

 

 

I am wanting to know, if this as lso applies to the spousal Visa? Do we have any options that will allow her to freely travel to the US while we are awaiting approval, or will the best option be for her to wait in the Ukraine.

Yes. She also will have her interview and medical in Ukraine during spouse visa process and need to remain in country. Unless she can get b2 visa and visit you in the US. But she can't use that visa to live in the US. 

 

16 minutes ago, AStie said:

 

 

 

We really want to have children together, and we are also considering our ages. She is 38 and I am 39. I appreciate any advice in advance and I am really grateful to have come across this site as a resource.

Kind regards,

Aaron and Vika

 

Overall, you guys gotta suck it up because separation is part of the immigration process. Everyone wait. Everyone deal with long distance relationship. 

 

Unless of course you can get a lot of time off at work and reside in Ukraine during the process. To be honest her chances for getting a b2 are pretty small in this situation. 

 

Also spouse visa takes about 12 to 14 months and it's better than k1 visa. You don't have to deal with AOS and your spouse can work upon arrival. 

[AStie 0]

3 minutes ago, Roel said:

 

 

Unless of course you can get a lot of time off at work and reside in Ukraine during the process. To be honest her chances for getting a b2 are pretty small in this situation. 

 

 

 She already has a B1-B2 Visa to travel here. Does this mean that if we are married in a destination that we could just apply for an AOS?

Thank You 

[Roel 7,191]

6 minutes ago, AStie said:

 She already has a B1-B2 Visa to travel here. Does this mean that if we are married in a destination that we could just apply for an AOS?

Thank You 

Absolutely not. 

Using b2 visa with intent to apply for  AOS is considered an immigration fraud. It's not an option for you. 

 

Only two options are k1 and cr1 visa.  

[gregcrs2 1,777]

Aaron, have you considered getting married in Ukraine?  You could then apply for spousal visa, and then have a separate wedding ceremony once she immigrates to the USA?  

 

I know destination weddings seem to be the thing lately but it's a hassle for friends and family. 

 

Besides, Ukrainian weddings are very lively!  

 

 

 

 

 

[-1- 3]

Hi Aaron, 

 

We have applied for the K1 visa, its hard waiting but it makes it so much easier to know there's light at the end of the tunnel. Anyway, Matt and I go back an forth quite regularly. In Ireland, you go through American Emigration in Dublin airport rather than when you land stateside, at this stage, the officers know me, because of that, some of them have given me some tips regarding visas, every time I fly. They told me that the spousal visa is a bit more complicated and can take a little longer. Whichever one you chose, you can ask for a condition to be added to the visa that means your fiance can leave the states. i cant remember what its called but can check when i get home from work-he wrote it all down on the back of one of my boarding passes

[gregcrs2 1,777]

4 minutes ago, Lyndsey88 said:

Hi Aaron, 

 

We have applied for the K1 visa, its hard waiting but it makes it so much easier to know there's light at the end of the tunnel. Anyway, Matt and I go back an forth quite regularly. In Ireland, you go through American Emigration in Dublin airport rather than when you land stateside, at this stage, the officers know me, because of that, some of them have given me some tips regarding visas, every time I fly. They told me that the spousal visa is a bit more complicated and can take a little longer. Whichever one you chose, you can ask for a condition to be added to the visa that means your fiance can leave the states. i cant remember what its called but can check when i get home from work-he wrote it all down on the back of one of my boarding passes

I think there is some confusion here.  Never heard of a condition that can be added to a visa entitling the beneficiary to leave the states.  

Edited July 5, 2018 by gregcrs2
correct typo

[Roel 7,191]

4 minutes ago, Lyndsey88 said:

They told me that the spousal visa is a bit more complicated and can take a little longer.

Actually right now processing times for k1 and cr1 are similar. 

 

4 minutes ago, Lyndsey88 said:

 

 

Whichever one you chose, you can ask for a condition to be added to the visa that means your fiance can leave the states. i cant remember what its called but can check when i get home from work-he wrote it all down on the back of one of my boarding passes

? There is no such thing added to the visa. K1 visa becomes invalid the moment you enter the US.  It's one entry visa and you can't add anything. 

 

What you might mean is Advance parole which allows a person to temporary leave US before they receive a green card. But that's not added... You have to apply for it or include it in AOS packet. 

[-1- 3]

1 minute ago, gregcrs2 said:

I think there is some confusion here.  Never heard of a condition that can be added to a visa entitling the beneficiary to leave the states.  

Its what the emigration guy told me. Like i said, he wrote it on the back of one of my boarding passes, I can check it when i get home from work

Just now, Roel said:

Actually right now processing times for k1 and cr1 are similar. 

 

? There is no such thing added to the visa. K1 visa becomes invalid the moment you enter the US.  It's one entry visa and you can't add anything. 

 

What you might mean is Advance parole which allows a person to temporary leave US before they receive a green card. But that's not added... You have to apply for it or include it in AOS packet. 

I'm just telling you guys what he told me

[Roel 7,191]

Just now, Lyndsey88 said:

Its what the emigration guy told me. Like i said, he wrote it on the back of one of my boarding passes, I can check it when i get home from work

There is no such thing.. 

And if you mean immigration lawyer, they are notoriously wrong. 

 

The only way k1 holder can leave US and come back without issues if when they have Advance Parole or Green card in hand. 

[-1- 3]

Just now, Roel said:

There is no such thing.. 

And if you mean immigration lawyer, they are notoriously wrong. 

 

The only way k1 holder can leave US and come back without issues if when they have Advance Parole or Green card in hand. 

If you read my post, i did say it was an emigration officer, not a lawyer, and again he wrote it all down so i can check if its advanced parole or another term 

[Roel 7,191]

4 minutes ago, Lyndsey88 said:

If you read my post, i did say it was an emigration officer, not a lawyer, and again he wrote it all down so i can check if its advanced parole or another term 

You said "emigration guy". ;

But this discussion is pointless here and doesn't help OP.  Rules are clear - advance parole and work permits are part of AOS packet. Without AP k1 holder who left US will not be admitted back and AOS will be denied. 

Edited July 5, 2018 by Roel

[Roel 7,191]

Support is one thing, but I'm giving OP actual informations and telling him what rules are. Rules he can confirm with USCIS websites.  You're giving some innacurate info about stuff being added to the visa by random officers.. 

[gregcrs2 1,777]

1 minute ago, Lyndsey88 said:

i thought this forum was to help and support each other, not to jump down someone's throat because you don't like what they said? Doing that doesn't help anyone, and is quite nasty. 

 

Aaron-I'll send you a message privately as to the information the American Emigration Officer gave me when I get home 

Actually, it's not help when you are providing incorrect information.  It does more harm than good.

[-1- 3]

Just now, gregcrs2 said:

Actually, it's not help when you are providing incorrect information.  It does more harm than good.

an american emigration officer is wrong?!