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Author Topic: Fiancee or Spouse... which is "easier"?  (Read 3182 times)

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Offline dneid

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Fiancee or Spouse... which is "easier"?
« on: November 09, 2007, 02:07:26 PM »
Hey, All,
OK, I know the idea of easy and the govt' are ideas that just don't fit together, but.... a couple of questions:

1) In general, is it easier to have a woman immigrate with as your fiancee or your spouse?

2) Assume the K-1 Fiancee visa has been granted... would marrying in Russia when her man goes to bring her back screw up the whole fiancee visa?

Just some random thoughts that occurred to me when a couple of neurons drifted by each other... and it hurt as well. ;)

Later,
Dale
Thanks,
Dale N.
Matt 11:28-30
Well the Ukraine girls really knock me out
They leave the west behind

Offline bgreed

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Re: Fiancee or Spouse... which is "easier"?
« Reply #1 on: November 09, 2007, 02:21:14 PM »
Dale, a k-1 finace visa technically is not an immigration visa and neither is a K-3  These are like a vistor visa which allows either your fiance or spouse to come and visit you in the US and then if you marry (K-1) or she decides to Stay (K-3_ then you apply for adustment of status (AOS) which now means she intendes to immigrate and stay as a permanent resident providing her AOS is granted.

You cannot marry your fiance before you bring her here on a K-1 visa as then she would not be your fiance but your wife (different piece of paperwork) If you marry abroad then you have to file a K-3 petition. (confusing ain't it)

Now just to add a little more to the pot. If you marry abroad you can also file for a CR-1 with is an immigrant visa for a spouse of less than two years. This actually has some advantages as the cost for filing is the same as the other two but you have no AOS to file once she is here which is another $1010.  Other advantage is that she will usually have her green card within just a few weeks after arrival so she can work if she wants.  Right now there is not much difference time wise between a K-3 and a CR-1 so my wife and I decided to go the CR-1 route.

Offline William3rd

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Re: Fiancee or Spouse... which is "easier"?
« Reply #2 on: November 09, 2007, 02:24:59 PM »
As to #2, the act of marrying abroad and then entering on the K visa is fraudulent entry. It has been discussed several times in the past.

As to marriage or fiancee, it is not just a matter of ease. Each of the paths has merits and demerits.

Offline dneid

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Re: Fiancee or Spouse... which is "easier"?
« Reply #3 on: November 09, 2007, 03:14:12 PM »
Hey, Guys,
Thanks for the posts.  I appreciate the time.  CR-1, huh?  Guess I need to get those 2 neurns back together.... interesting idea.  I am nowhere near being engaged... just reading through a few of the posts in this forum generated a few questions.
Thanks once again,
Dale
Thanks,
Dale N.
Matt 11:28-30
Well the Ukraine girls really knock me out
They leave the west behind

Offline ScottinCrimea

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Re: Fiancee or Spouse... which is "easier"?
« Reply #4 on: November 09, 2007, 03:20:58 PM »
FWIW - I went the CR-1 route.  The process took a bit longer but not much.  She had her SS number and her green card within two weeks of her arrival.  No need for the stress of planning a marriage during the first couple of months we were together here and we don't need to do an AOS, only a removal of conditions after a couple of years.  It worked for us but much depends on your cirsumstances.

 

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