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shan1995

Immigration to US

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Hello,

My spouse and I met 4 months ago through a friend who he works with.  He is an American born citizen and is expected to visit me soon for the first time. After his visit, we are considering to get married and have him file. Please advise me of the procedure and the pros and cons.

Thanks.

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1 minute ago, shan1995 said:

Hello,

My spouse and I met 4 months ago through a friend who he works with.  He is an American born citizen and is expected to visit me soon for the first time. After his visit, we are considering to get married and have him file. Please advise me of the procedure and the pros and cons.

Thanks.

Top of every page.   Click the guides link.  Read them


YMMV

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Posted (edited)

It would be helpful to check the guides on your visa options! In general, the biggest differences that mattered for my choice between the fiance (K1) and spouse (CR-1, for you) visas are as follows:

 

- The fiance visas often have a faster timeline, but you then only have 90 days to marry after entry to the US, and the marriage must take place in the US. You can't work during that time. After marriage, your spouse will have file for your adjustment of status. During this waiting period, unless you obtain a work permit through more paperwork, you still can't work. The income requirement for the K1 visa is slightly lower (100% vs. 125% of the poverty lined) than the CR-1, until you reach the adjustment of status phase (last I checked). 

- For the spouse visa, it's more or less a ~straight shot~ to a green card, and you can get married either in the US or your country (so long as the marriage adheres to your country's laws, it will be considered valid). The timeline to your acceptance is a little bit longer (generally about a year), but you can work on the conditional green card you'll receive. After two years, there will be more paperwork to remove the conditions and have a standard green card.

 

There are more nuances to these visas, but they are explained well in the guides!

Edited by Madison Simoes

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22 minutes ago, Madison Simoes said:

It would be helpful to check the guides on your visa options! In general, the biggest differences that mattered for my choice between the fiance (K1) and spouse (CR-1, for you) visas are as follows:

 

- The fiance visas often have a faster timeline, but you then only have 90 days to marry after entry to the US, and the marriage must take place in the US. You can't work during that time. After marriage, your spouse will have file for your adjustment of status. During this waiting period, unless you obtain a work permit through more paperwork, you still can't work. The income requirement for the K1 visa is slightly lower (100% vs. 125% of the poverty lined) than the CR-1, until you reach the adjustment of status phase (last I checked). 

- For the spouse visa, it's more or less a ~straight shot~ to a green card, and you can get married either in the US or your country (so long as the marriage adheres to your country's laws, it will be considered valid). The timeline to your acceptance is a little bit longer (generally about a year), but you can work on the conditional green card you'll receive. After two years, there will be more paperwork to remove the conditions and have a standard green card.

 

There are more nuances to these visas, but they are explained well in the guides!

Thank you!

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One more big difference -- when the CR-1 documents are pending, so long as you have normal travel documents (for my husband, it's the ESTA for Europeans on the Visa Waiver Program), you can go between the two countries/visit other countries/etc. Once you enter the US on the K1 visa, you cannot leave you while on this visa (until you get your green card, to my knowledge). If you leave, you may not be able to re-enter and you likely forfeit all of the visa progress you've made up until that point. Just something to think about if you have sick family members or things like that to consider!  

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On ‎5‎/‎27‎/‎2019 at 2:37 PM, shan1995 said:

Hello,

My spouse and I met 4 months ago through a friend who he works with.  He is an American born citizen and is expected to visit me soon for the first time. After his visit, we are considering to get married and have him file. Please advise me of the procedure and the pros and cons.

Thanks.

Please get out of the habit of saying spouse until he actually is your spouse, it makes a big difference trust me...


ROC Timeline
Service Center: Vermont
90 Day Window Opened... 05/09/2017
I-751 Packet Sent.............  08/09/2017
NO1 Dated......................... 08/11/2017

Check Cashed............... 08/13/2017
NO1 Received.................... 08/14/2017
Biometrics Received.........  09/12/2017
Biometrics Appointment..  .09/19/2017  (Walked in early (09-11-2017) no problem!!)
Approved............................xx/xx/xx

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