Fiancee vs Spouse visa

[v_world 2]

Hey all,

My fiancee and I are facing a choice - spouse visa or fiancee visa. What process seems easier?

 

Here is our story to give you a little context:

I am a Russian citizen. I got my bachelors in the US (2011-2016), and have been dating my American fiancee since 2012. After I finished my bachelor in summer 2016, I did an OPT on my H1B in the US. We were able to both live in the same city and date until summer 2017 when I had to go back to Russia as my OPT expired. The company I was working for during my OPT offered to sponsor my H1B visa application twice in 2017 and 2018, but unfortunately both times my application got denied. 

 

Since I returned home my fiancee and I have been in a long-distance relationship and took 2 trips to spend time with each other: one trip in December 2017 and a second trip in January 2019. 

 

We are both young professionals and don't have a ton of money to pay legal fees. 

 

What is the most cost- and time-effective way for us to proceed: K-1 or IR-1/CR-1 visa?

 

Thanks,

Vica

[Ontarkie 13,917]

~~Moved to What Visa Do I Need, from IR1/CR1 P&P~~

[accumbyte 148]

10 minutes ago, v_world said:

What is the most cost- and time-effective way for us to proceed: K-1 or IR-1/CR-1 visa?

The CR-1 is more cost-effective. Ask your local ZAGS what documents, other than a Russian tourist visa, does your American fiancee needs to marry in Russia. If you have US tourist visa then you can marry in the US and then leave the US to wait for the CR-1 process: 

If you have (or apply and receive) a Schengen tourist visa, then a marriage in either Copenhagen, Denmark or Reykjavík, Iceland is also a relatively fast option:

• https://www.visitcopenhagen.com/copenhagen/how-get-married-copenhagen
• https://guidetoiceland.is/history-culture/getting-married-in-iceland

Edited February 13, 2019 by accumbyte

[Roel 7,191]

There only have been 500 treads like this one. You can EASILY find an answer on the forum.

[WeGuyGal 1,052]

@v_world best bet overall, CR1 visa. 

Get married, US Citizen spouse petitions for the CR1 visa. If all goes well, visa (aka green card) available in about a year, give or take. 

[v_world 2]

15 minutes ago, Ontarkie said:

~~Moved to What Visa Do I Need, from IR1/CR1 P&P~~

@accumbyte That's super helpful! Thank you.

 

It's actually a crazy coincidence because my best friend lives in Copenhagen, and I am sure she would be happy to help in organizing everything. Thank you for this info!

[v_world 2]

@WeGuyGal That's what we originally thought to do. I think it makes more sense, especially because once I have the visa I can work right away. 

 

The tricky part is to figure out what should be the country of choice, as Russian laws make the process quite lengthy.

 

 

 

Edited February 13, 2019 by v_world

[Crazy Cat 39,250]

Every couple has their own priorities, and each couple must decide which visa is better for their situation.

K-1
    Slightly faster arrival in the US (currently about 3 months sooner)    
    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 (approx 5-6 months)    
    Spouse can not work until she/he receives EAD (approx 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 many months after Adjustment of Status is filed.

  

CR-1
    Slightly slower arrival in the US (currently about 3 months later)

    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 status IMMEDIATELY upon entry to US.
   

 

[v_world 2]

@missileman 

I love this breakdown! This makes total sense to me. I think in our case CR-1 is definitely a better option. Do you have any suggestions on countries that allow for quick and easy marriage? Thanks!

[USS_Voyager 1,971]

16 minutes ago, v_world said:

@missileman 

I love this breakdown! This makes total sense to me. I think in our case CR-1 is definitely a better option. Do you have any suggestions on countries that allow for quick and easy marriage? Thanks!

Any country would work, but since you're Russian and he's American, how about either Russia or America?

[v_world 2]

3 minutes ago, USS_Voyager said:

Any country would work, but since you're Russian and he's American, how about either Russia or America?

Well, on the Russian side it's pretty bureaucratic. He would have to come here, get all the necessary documents translated and notarized, and together we would submit our papers together in person. The marriage itself can take place no earlier than 32 days after submitting papers.

 

And about the US I thought the only we can get married there is if I enter under K-1 status (or maybe I'm wrong?)

 

[millefleur 5,035]

37 minutes ago, v_world said:

Well, on the Russian side it's pretty bureaucratic. He would have to come here, get all the necessary documents translated and notarized, and together we would submit our papers together in person. The marriage itself can take place no earlier than 32 days after submitting papers.

I'm a USC who married in Russia. It involves a lot of steps that are required in Moscow (must be in Moscow, there is no other option). If you live near Moscow or are able to make multiple trips there, then it would be somewhat doable. If going to Moscow is far away, then it's not worth it.

 

You can also marry in a 3rd country (outside of USA or Russia) as long as the marriage is valid and legal. Do you have a valid US tourist visa?

[LilyJ 1,258]

1 hour ago, v_world said:

Well, on the Russian side it's pretty bureaucratic. He would have to come here, get all the necessary documents translated and notarized, and together we would submit our papers together in person. The marriage itself can take place no earlier than 32 days after submitting papers.

 

And about the US I thought the only we can get married there is if I enter under K-1 status (or maybe I'm wrong?)

 

You can get married in the US, as long as you return back to Russia afterwards before beginning the CR1 process. You can't get married and stay without a K1, but you are certainly allowed to get married in the US and return back to Russia and then file the CR1. It's what we, and many others, did, as long as you return to Russia after the marriage there is no problem  

[v_world 2]

50 minutes ago, millefleur said:

I'm a USC who married in Russia. It involves a lot of steps that are required in Moscow (must be in Moscow, there is no other option). If you live near Moscow or are able to make multiple trips there, then it would be somewhat doable. If going to Moscow is far away, then it's not worth it.

 

You can also marry in a 3rd country (outside of USA or Russia) as long as the marriage is valid and legal. Do you have a valid US tourist visa?

That's what I have been founding as well. I don't have a valid tourist visa for the U.S. but I do have a valid schengen visa. I'm seeing a couple of recommendations of getting married in Europe instead.

[SalishSea 16,772]

Just FYI:  neither visa process is fast, cheap or easy.