Is this a viable plan for me and my fiancee

[BringHerOver 0]

Hi all! I'm a US citizen and my fiancee is a Slovak citizen (an EU country). She currently lives in Europe, and I in the US. We plan to get married soon and move to the U.S.. I read a lot through the previous posts and online as well, below is our plan - I'm just not sure I'm not missing anything or if there isn't a faster way for her to be in the U.S. with the ability to work: 

 

1. She comes over to the U.S. on her ESTA and we get married. She leaves to Europe within a few days (from what I gather this is fine as long as she leaves the US post-marriage within the ESTA time limit) 

2. We submit the I-130. I assume this goes the normal route and not the consular route even if she stays in Europe during this time. 

3. The process starts & we get communication on next steps which sound pretty self-explanatory / standardized 

4. She does her interview at a consulate in Europe and once she (hopefully) gets approved for a green card she can come over and can start working or looking for a job 

 

Our understanding is this will take ~1 year all in. My main questions are A) Am I missing anything? Is there a faster way to do this?, B) Do we need a lawyer? Our case seems pretty standard (no criminal records or delicts etc., only thing is Im a naturalized US citizen but doesnt seem that affects things), C) If she is in Europe and I in the U.S. during the process do we qualify for the consulate path?

 

Thanks for any tips in advance! We are still new to do this so apologies if we are missing something basic

[Boiler 43,847]

You will be doing the normal Consulate process, I think you may be referring to Direct Consulate Filing which is unusual and not your situation.

 

Otherwise my educated guess would be 18 months.

 

This is a DIY site so the majority of people here are not using a Lawyer, your call.

 

There are guides here, information elsewhere and does not sound like you have any issues.

 

 

[Ryan H 3,797]

Moved from Progress Reports to Process & Procedures.

[pushbrk 12,272]

You seem to have a good plan.  Whether you need professional help or not depends on your aptitude, attitude, diligent study, and attention to detail.  Think in terms of an 18+ months process though.  She needs interview either in her country of citizenship or country of residence.  In this context "Europe" is not "a country".

[carmel34 3,538]

9 hours ago, BringHerOver said:

2. We submit the I-130. I assume this goes the normal route and not the consular route even if she stays in Europe during this time.

Consular processing is the normal route, they are the same.  1-2 years from filing the I-130 petition to spousal visa interview in her country of legal residence.  You'll need a marriage certificate to file the petition to start the process.  It is not fast.

[nastra30 2,067]

9 hours ago, BringHerOver said:

4. She does her interview at a consulate in Europe and once she (hopefully) gets approved for a green card she can come over and can start working or looking for a job 

The approval will be for an immigrant visa not greencard. She then travels on that immigrant visa to the US to become LPR. To get the physical greencard USCIS will need more money in the form of immigrant fee currently $220. Good luck

 

[Redro 4,602]

As your partner is going to interview in their home country. It doesn’t matter if you get married in the US or another country.
 You need to be aware of consular processing times. 
There are several steps. 

1. SUBMIT I-130 and I130A to USCIS- average processing time is about 11-13 months. It might be quicker it might be shorter. (USCIS has time at 14 months at the moment). 
2. Case is approved and goes to NVC. UNLESS you receive RFE which can prolong the period by a few months before it is approved. 
Sending case to NVC can take 5 days or as long as 60 days (it varies) 

3. Pay immigrant fees and I864 fees and wait 2-3 business days.

4. Submit DS260, I864, civil documents and police clearance certificates.

5. Wait for documents to be checked - time taken 1-3 months (time fluctuates - for us it was 3 months currently it takes 10 days).

6. If everything is correct you will go into line for embassy. If there are some issues you have to resubmit and wait another 10 days to 3 months. 
7. Wait for interview date- usually 1-2 months NVC stage is complete for “fast consulates” but up to 2 years for slower consulates. 
 

There is no way to “speed up the process” if you have no extenuating circumstances and pregnancy is not a reason for expedite. 

Edited February 5 by Redro