ian-mstm

We have two wikis that will help you better understand what's going on... this one, and this one. Read... digest... read again! As you've discovered in some small part already, you're about to learn a new language: immigration-speak. It looks a lot like English, but it isn't!

Also, keep in mind that immigration is a 2-step process. First, the USC fiancée (you) files an I-129F petition to start the process. The I-129F establishes the relationship between you and the non-USC fiancé. Once the I-129F is approved (roughly 4-5 months), the non-USC fiancé is invited to apply for the K-1 visa. That takes another 4-5 months... so, roughly 8-10 months from you submitting the I-129F petition, to your fiancé getting his visa. All the forms and fee information is at www.uscis.gov/forms.

I have two mantras for you to recite daily and often: 1) I will focus on the goal and not the journey; and 2) immigration is an adventure and not a burden.

Ian

Guindalf

I love a smile. Glad it was taken the way it was meant.

KK85

This entire thread is marvellous!

Welcome to the forum, MissBurns! I'm Kate (UKC) and I'm in the middle of a spouse-visa (CR-1, specifically) application process with my USC husband. Not exactly the same journey as yours, but similar in some ways, and I'll be glad to see another person around these parts going through it!

This is a fantastic forum full of fantastic advice and fantastic straight-talkers, who will save your butt whenever you panic, I assure you! I'm glad you've decided to go ahead without employing the use of that so-called 'rapid visa' company - you've done the right thing.

Definitely stick around here and read everything you see in the Marriage Based Visas forum, to add to your understanding of the process. You will learn and lot and it'll serve you very well. I promise it's nowhere near as overwhelming once you knuckle down and get the ball rolling!

Good luck on your journey!

MissBurns

Thank you all so much! I love the humor as well! I'll be doing lots of reading on the wiki pages. Thanks for that. After talking with my fiance today, I have a couple more questions

Is it easier or faster to choose K-1 vs CR-1 also is it easier or more difficult if I were to join him and file from the UK? We are trying to figure out the best option to be together the soonest.

Noorah101

The faster visa is the K-1, simply because the petition can be filed right now (assuming you've seen each other in person within the past 2 years). It takes about 8 to 10 months (or more) to complete the process. The biggest disadvantage of the K-1 is the inability to work for the first few months in the USA, plus the added cost and time for Adjustment of Status (AOS).

The CR-1 Immigrant visa petition can't be filed until you are legally married, so you have to factor that into the timeline. After marriage and filling the petition, it takes about 8 to 10 months (or more) to process. The biggest advantage of the CR-1 is that he becomes a US PR upon entry to the USA and can work from Day 1 (no AOS).

Since you aren't living in the UK, it makes no difference where you physically are when you want to file either petition, as they would both be sent to the USA.

Filing directly to London (available for Immigrant visa only, not K-1) only applies if the USC is living in the UK (not visiting as a tourist).

Rene

aless02

If you can get married tomorrow (theoretically), then CR-1 is "faster" overall as he will become a green card holder with work authorization the moment he steps foot in the US.

Others have reported that getting work authorization after marriage, if he comes over on a fiance visa, takes around 3-4 months (I believe, correct me if I'm wrong), so if you think it will take that long to get married from today, then K-1 could be "faster" as you can theoretically apply for that visa tomorrow, but there's another 3-4 months to wait after he comes to the US before he can work. Therefore, if being out of work is an issue, then CR-1 might be the more prudent path, depending on your circumstances.

ian-mstm

Take a look at this wiki article, it compares the two visa types. Oh... pay attention to the acronyms... we use them a lot! Also, when you're talking about paperwork, give us the specific form number - it saves a lot of confusion.


What's easier or harder is something only you can determine. We don't know your situation, and different visas have different pros and cons.


If time is the only factor, the K-1 is faster. As for the "best option"... whatever works for you is best! As the others have noted, however, a lot of other factors come into play - not least of which is the ability for the non-USC partner to work!

Ian

MissBurns

Great advice! Thank you so much!

I read today about the DCF. Now I feel as if there is another option. Is anyone familiar with that route? Any information you can share would be most appreciated. So much information is making my head spin. We, like I'm sure others want to, just want to get this over with so we can officially spend the rest of our lives together.

Nutmegger

The US citizen has to be resident in the UK and relocating to the US together with their spouse for that to be an option.

ian-mstm

It is an option for those who are already in the UK in non-visitor status but, sadly, it's not an option for you.


With respect, had there been another viable option for you we would have already mentioned it.

Ian

MissBurns

Ah you guys and gals are so awesome! I can't promise this will be my last question. However, my income alone is just under the minimum amount necessary to be a sponsor. We do have a good friend who is more Than happy to be my fiance's sponsor and makes more than enough to be a sponsor. My question do I also have to fill out the sponsor forms? Can our friend be the sole sponsor?

Thank you very much!

Nutmegger

You must sponsor your fiancé, your friend will be the joint sponsor.

Noorah101

If they are doing the K-1 fiance visa, anyone can be the sponsor and complete the I-134. The USC fiance doesn't need to complete an I-134.

If they are doing the CR-1 spouse immigrant visa, or when it comes to AOS after K-1 entry, then the USC must be the sponsor and complete an I-864. If they don't qualify financially, then a joint sponsor can be used, who would complete a separate I-864.

Rene

tom169

For a K-1 and form I-134 there is only one sponsor. That does not need to be the I-129F petitioner.

ian-mstm

For the I-134 (K-1), the minimum required is 100% of the poverty guidelines: $16,020. For the I-864 (CR-1, AOS), the minimum required is 125% of the poverty guidelines: $20,025. Earlier, you said you met the income requirements but now you don't. So, if you earn less than that amount, how do you intend to get by once there are two of you? I've heard it said that two can live as cheaply as one... so long as one doesn't eat! You haven't mentioned what he does for a living, but there's no guarantee that your fiancé is going to get a job.

Ian