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Hello everybody my name is Jessica Lozano and I have a question. My fiancé will be visiting in May because I will be graduating from UNI. He has an ESTA visa and he's from Korea. We've talked about him coming and us POSSIBLY getting married 2 weeks after. It's not a for sure thing. We want to weigh out our options. The distance sucks and the air fare is RIDICULOUSLY EXPENSIVE we've been visiting each other over the years. If we were to get married (on the ESTA he has 90 days to be here) can he overstay or can we file for AOS immediately or..? Please LET ME KNOW your experiences and opinions. 

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NO.

 

It is illegal to come over with intent to adjust status. You can be banned permanently from the US for doing so.

 

You can marry, have your fiance go back to his home country, and file for a spousal visa (12-14 months).

 

Or file for a Fiance visa (9-12 months).

 

K-1 vs CR-1 Full Analysis

 

K-1

More expensive than CR-1    

Requires Adjustment of Status after marriage (expensive and requires a lot of paperwork)    

Spouse can not leave the US until she/he receives approved Advance Parole (about 5-6 months)    

Spouse can not work until she/he receives EAD (about 5-6 months)    

Some people have had problems with driver licenses, Social Security cards, leases, bank account during this period    

Spouse will not receive Green Card for 10 to 12 months after Adjustment of Status is filed.

If you have red flags this may be the best place to start in case of denial.

Estimated timeline is approximately 8 to 10 months (NOA1 to Interview)  This is officially quoted as 6 to 12 months.

 

K-1 Fees

$535 - USCIS Filing Fee

$265 per person - DS-160 (Visa Application)

$200 to $400 - Medical Fee

$1,225 per person - AOS Fee (Includes EAD/AP if filed together)

$750 per child under 14

$680 per person - ROC Fee

 

 

$2,705 plus medical (K-1)

$2,170 plus medical (K-2 over 14 years old)

$1,695 plus medical (K-2 14 years old and younger)

 

 

CR-1    

Less expensive than K-1    

No Adjustment of Status  (I-485, I-131, I-765) required.    

Spouse can immediately travel outside the US    

Spouse is authorized to work immediately upon arrival.    

Spouse receives Social Security Card and Green Card within 2 or 3 weeks after entering the US    

Opening a bank account, getting a driver's license, etc. are very easily accomplished with GC, SS card, and passport.

Spouse has Legal Permanent Resident (LPR) status IMMEDIATELY upon entry to the United States

If you are truly concerned about a denial, the K-1 may be a better place to start.

Estimated timeline is 10 to 12 months (NOA1 to Interview) This is officially quoted at 12 to 14 months.

 

CR-1 Fees

$535 - USCIS Filing Fee

$120 - Affidavit of Support Fee

$325 - DS-260 (Visa Application)

$200 to $400 - Medical Fee

$220 - USCIS Immigrant Fee

$680 - ROC (if married less than 2 years at POE)

 

$1,200 plus medical (per person if married more than 2 years when filing)

$1,880 plus medical (per person if married less than 2 years at POE)

Edited by britishandusa

 

 

 

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20 minutes ago, Kimkim2019 said:

Hello everybody my name is Jessica Lozano and I have a question. My fiancé will be visiting in May because I will be graduating from UNI. He has an ESTA visa and he's from Korea. We've talked about him coming and us POSSIBLY getting married 2 weeks after. It's not a for sure thing. We want to weigh out our options. The distance sucks and the air fare is RIDICULOUSLY EXPENSIVE we've been visiting each other over the years. If we were to get married (on the ESTA he has 90 days to be here) can he overstay or can we file for AOS immediately or..? Please LET ME KNOW your experiences and opinions. 

Your plan is illegal because your fiance now has immigrant intent. He cannot cross the border on a non-immigrant status/visa while possessing intent to stay, even if it is "not for sure" because c'mon now. You guys need to do K1 or CR1. 

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~~Mod Warning - Members can only advise you of your legal options. If you would like to discuss those options Please start a new thread as to not continue down the wrong path. Any discussion of anything else will result in admin action.~~


Spoiler

Met Playing Everquest in 2005
Engaged 9-15-2006
K-1 & 4 K-2'S
Filed 05-09-07
Interview 03-12-08
Visa received 04-21-08
Entry 05-06-08
Married 06-21-08
AOS X5
Filed 07-08-08
Cards Received01-22-09
Roc X5
Filed 10-17-10
Cards Received02-22-11
Citizenship
Filed 10-17-11
Interview 01-12-12
Oath 06-29-12

Citizenship for older 2 boys

Filed 03/08/2014

NOA/fee waiver 03/19/2014

Biometrics 04/15/14

Interview 05/29/14

In line for Oath 06/20/14

Oath 09/19/2014 We are all done! All USC no more USCIS

 

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