Yonna

3 hours ago, Nicola and Jordan said:

So here is my info from a K1

 

We filed March 2018

Medical and Interview November 2018 

Visa in hand December 2018

Flew to USA February 2019

Filed AOS March 2019

 

Now the long wait begins again for EAD and an even longer wait for the green card. 

 

If we were to do this process again we would definitely do them spousal visa as not being able to work is tough. Luckily we are financially stable but it’s a massive adjustment when you have worked most of your life. The process is quite expensive too so be prepared for that but the worst is leaving family and friends and the homesickness. 

 

Everyone here has given really great advice so take it on board, do lots of research!! 3 years apart is a lot so maybe spend more time together before taking that leap. Don’t rush into anything, all

of us here know how hard it is to be away from the one you love but rushing this process (which really shouldn’t be taken lightly) when you’re not ready will cause you more of a headache and heartache. 

 

Enjoy your trip in April and spend quality time together.

Thank you! I will . And yeah, I think we will do the CR1 instead. 

4 hours ago, Paul & Mallory said:

My biggest piece of advice to you right now, based on your commentary - I strongly implore both you and your partner to get to researching. A LOT. Immigration is not easy and it's not meant to be - it's a privilege, not a right, and if it were so easy (just get married and move right on over), then there would be a heck of a lot more fraud than we already have as it is. There's processes in place for a reason. No, they aren't always fun, but it's the price you pay. Everyone who has completed the same process you're asking about has been in your shoes before at some point. That isn't to negate your impending frustrations - just to remind you that you aren't being "punished" and you are not alone. But if you are truly in love and want to spend the rest of your life with someone, then these paths are ALWAYS worth it in the end. And the separation is temporary. I would remind myself daily, during my time apart from my husband - it's either be apart now, temporarily, or be apart forever because we don't do what we have to in order to live the life together that we want. A very easy no-brainer, in my opinion.

 

Again - RESEARCH RESEARCH RESEARCH. Be sure you are BOTH well versed on all of the available options, and even more well versed on the option you wind up taking. From beginning to END. Make sure you know what you are in for, from start to finish, and be as prepared as possible for each step as it comes.

 

Good luck.

Thank you, and yeah I know I'm not alone, seeing how people in my situation are now happy with their couples is inspiring. I'm totally sure it's worth it. I just got frustrated because my plans weren't this, but this is the safest way to go I think. And what I want is to be with him. I hope things will work out.

5 hours ago, Bill & Katya said:

Nothing about immigration is easy as you have been finding out.  You do have an advantage though being from a VWP country where you can visit during the process as long as CBP (Customs and Border Protection) does not think you are abusing it.  In the grand scheme of things, 12-14 months is not a very long time assuming you will be applying for the CR1.

 

Good Luck!

Thank you, and yeah, things never happen how you planned them but it could be worse. 

8 hours ago, Roel said:

As much as everyone is trying to give OP good advice, she seems like a type (impatient, not researching) that will just go there in April and adjust status. All it takes is to lie on the border after all, no one will prove her illegal intent anyway.

 

She will come back in April asking what AOS is and complaining how long it takes.  😛 she already said she wants to work as soon as possible, so incoming EAD complains. 

Not really, I'm just excited about it. But as much as I would want to stay in April, I have things I need to do first back in my country. My plan isn't stay there once in April. And no, I'm here because I was asking and looking for advice and somebody suggested me this forum. I'm very new in all this things, and I appreciate all the advice. I rather wait a year and see my couple a few weeks every other month, than rushing things and not being able. Sure I would love to be able to be there in June, which is what we planned on doing through a work visa, but we had some doubts about me getting that visa, so we are doing this the long way but the safest one,  I believe.

10 hours ago, geowrian said:

All this is possible.

 

The part about getting a tourist visa is the biggest hurdle. Getting a tourist visa is extremely difficult for somebody with:

1) A USC spouse,

2) A pending I-130 application, and

3) From a VWP country

 

Unlike using the VWP for the 90 day visits, obtaining a tourist visa requires overcoming a presumption of immigrant intent. Showing non-immigrant intent with the items above has nearly 0 change of success. And what strong ties would you have to return home, since you are planning to abandon any such ties in the months afterwards when you immigrate?

 

Ordinarily I would suggest to try it anyway, but not in your case. If you are denied the tourist visa, your ESTA application must be updated to show the denial. This would very, very likely result in the ESTA being revoked. So you would lose your ability to visit at all and have to wait fore the spousal visa.

 

Very high risk + possible loss of any visiting privileges = probably not a good idea.

Stick with the ESTA and visit for up to 90 days at a time. Even then, don't cut it too close to the limit just in case.

Hum, okay. Yeah, it will be better not to risk it. Thanks though. 

16 hours ago, Lil bear said:

Customs and Border Protection... the people at the airport who decide if you can or cannot enter the USA

 

At least twice as long as you stayed in the US 

Okay yeah,thank you

Gotcha, thanks

Okay  sorry for the misunderstandings that may have occurred.

I had an idea, tell me if it could be possible to achieve. 

If I get married in April, then LEAVE. There's not fraud, becauseI'm leaving and I can prove I'm leaving. But in April I could start the CR1. 

Then, in summer, could I get a B2 to stay for 6 months at least while the CR1 is processing? 

1 minute ago, JFH said:

I don’t know why you think we haven’t experienced any of this? Your case is no different from anyone else here. At least you can visit. There are people here who spent years apart. If you’re the kind of person that needs someone there with you each and every day then looking for a boyfriend on the other side of the world is not a good idea. 

Dude, I've never said that you guys don't know about this, that's why I'm posting here lol. The one who didn't know anything about it it's me, that's why I'm surprised and hurt. Don't be a jerk.

1 minute ago, JFH said:

You’ve obviously never traveled to the USA before. Have you met this person you plan to marry before? I’d suggest you spend a lot of time having visits back and forth before you decide to marry. 

I actually lived there for 4 months while studying abroad with an F1 student visa, that's how I get to know my fiance. And we have been seeing each other for about 3 years now. We made plans to close the gap last year but it was too rushed. So we decided this year was the year. 

19 minutes ago, Unlockable said:

Yes we know. That is one of the things about immigration. You will have to spend time apart. Almost all of us on this site had to spend many months away from our loved ones. 

 

Sorry you are just finding out about this now.

Yeah..I've been in a LDR for a while, but I expected this to be my last year...I feel heartbroken tbh..

20 minutes ago, accumbyte said:

Use ESTA. You can marry during that short trip in April and then leave the US and start the CR-1 process:

For all trips, you should travel with strong evidence of your ties to Spain that compel you to leave the US.

You can travel again to the US, but each entry is at CBP discretion.

What is the CBP? And how long do I have to stay outside the US after 3 months?

3 minutes ago, missileman said:

I know.....Many of us have had to endure that.......

This things should be easier.

49 minutes ago, missileman said:

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.
   

 

That's really helpful, I wish it was faster though 

2 minutes ago, geowrian said:

You can visit for up to 90 days via the VWP. You must apply - and be approved - for an ESTA. This is an online application.

You must leave the US before those 90 days from entry. You cannot remain in the US to wait out the immigration process. You cannot work.

 

Once you marry, you can file for a CR-1. The first step is an I-130 from the USC petitioner.

Guide: https://www.visajourney.com/content/i130guide1

Yeah okay, I'll do that. Why are this things so difficult. Uh. 

47 minutes ago, missileman said:

You cannot come to the US with a plan to marry and stay.  It would be visa fraud.   You could, however, come to the US, marry, then return to Spain to wait out the 12-15 month process........then you could work immediately after entry with a CR-1 visa.

Huum, that's a painfully time apart

49 minutes ago, nastra30 said:

To OP, I didn't get your statement well. Are saying you are traveling to the US with the intent of marrying and staying?

No no, in April is just to visit my boyfriend and some other friends. I'll leave in two weeks.althought we were planning on getting married in June or July, how would we have to do it in that case?

51 minutes ago, Jorgedig said:

What country are you from?  You are traveling to the US in April, and you really don't know whether you need a visa?!

I'm from Spain, and I checked out that I can go there for 2 weeks without visa. 

I'm getting married in a few months with an US citizen, I don't know what would be the best way to do it so I can stay there with him. So I would like some advice, and to know how long would it take. (Iowa) I want to be able to stay without leaving and I would also want to be able to work as soon as possible, so I'm not a burden there. 

And also, I'm going in April for 2 weeks, do I need a visa for it? Or I can just go and leave when I have to?