Marrying US citizen.

Sillylovesongs

Hi all,
I need some guidance, my partner is American and has moved back to the US. I intend to follow her back there and marry.

This is where it all gets complicated.
Lots of options, K-1 Visa, CR-1 Visa, or fly over propose on a whim and marry over there.

I know lots of people here have gone through this. So what where your experiences like.
And obviously which is the quickest option that allows me to legally work there.

Fred Swanson

This post has been deleted.

Axwell

Fred Swanson wrote: »

Quickest route to a green card is too apply for the K1 fiancée visa. That allows you to enter the US to marry within 3 months. You can then immediately apply to Homeland Security to adjust your status and get a green card.

If you go over on the visa wavier on a whim and then marry, you have to go through the whole rigmarole of applying for adjustment of status which can take a long time. During which time you cannot leave the US unless you obtain advance parole from Homeland Security. The only upside is you can get an employment authorization immediately.

This post is both misleading and incorrect in many parts.

To clarify..

Your partner can petition for a K1 (fiance visa) on your behalf. This process takes 6-9 months to go through. You will do an interview at the US Embassy here and a medical and then be let travel to the US to marry within 90 days.

Once married you apply to USIS for an adjustment of status and at the same time travel and advanced parole (permission to leave the US and return). This process currently takes 3 months (107 days at present) during which you cannot work or leave the US. If you leave you will void your application and you have no legal status by which to be in the US. Once they process this you will receive your advanced parole and work permit and can then legally work. Your Green card interview will follow this and you will both be required to attend an interview.

Going over on a whim and then marry you are breaking the law. It is illegal to go over and marry with intent. You can go over on holidays and change your mind but as of Sept 2017 an executive order was passed which basically put an end to this and the old 30/60 day rule which people were using as a loophole. You will be scrutinized and questioned about your relationship and your decision to marry. You will have to still apply for an adjustment of status as above and attend an interview and will have a lot bigger job convincing them this wasnt done with intent.

The other visa you mentioned is a spousal visa, assuming you arent married this does not apply to you. The scenario would be you and your partner marry and then she petitions for you from the US similar to the fiance visa however the process takes longer than the K1 and also you do not spend part of the process there, it is all approved before you get to go to the US.

If you are both serious about it then your best option is to look into the K1 visa and file for it.

Fred Swanson

This post has been deleted.

Axwell

Fred Swanson wrote: »

Trump has closed the old loophole.

Yes, i was the one thst pointed that out above. The fact is it is illegal to have intent beforehand and the onus is on the op to prove there was none now.

Fred Swanson wrote: »

You are correct in that with the K1 visa that things are faster. The last people that did it that I know were able to get the Employment card and Advance parole within a few days.

This currently takes 107 days, you can track timelines online for this. I have never seen or heard it take a few days following from an adjustment of status on a K1 so the op would be wise to account it taking the 3 months I mentioned.

Surfn

does it still take 7-9 months now or has it got longer with the way things are