niki1987

So for starters im new at this so please be patient with me, So im America and my fiance is British and we want to start the process to get him over here the issue is when I read anything online it all tends to get confusing so where do I even start?

niki1987

Sorry another question would it be easier for us to get married first before he moves here with me

BunnyGirl

Welcome to BE

You've got 2 options, either a K1 fiance visa where, after obtaining the visa, your fiance moves to the US and marries you within 90 days of arriving (he'll then have to apply for adjustment of status to obtain his green card).

Or a CR1 marriage visa where you marry first and then you file an I130 to bring him over as your husband. He'll be a LPR as soon as he lands and the green card usually arrives a few weeks later.

Each visa has it's pros and cons, there's a good comparison chart here:

http://britishexpats.com/wiki/Compar...ge-based_visas

The K1 generally takes less time to process and you could actually start that now, but in the long run will cost more and your fiance wouldnt be able to work for a while after moving there.

The CR1 generally takes longer but costs less and your then husband would be able to work as soon as he arrives in the US.

It depends what's more important to you

ian-mstm

Easier in what respect?

Time? A K-1 visa will get him to the US faster than a CR-1 visa.

Money? A CR-1 visa will be less expensive overall.

Separation? Would you prefer to be engaged and separated for the 8-10 months that a K-1 visa takes, or would you prefer to be married and separated for the 6-8 months that a CR-1 visa takes?

Working? A CR-1 visa would allow him to work as soon as he enters the US. If him working isn't an issue, then a K-1 visa.

Ian

niki1987

Thank you for welcoming me! And thanks for your help, I'm thinking from what im reading the K1 visa would be the best route. I'm pretty sure we would require a joint sponsor, I'm thrilled that I found this website because ive been reading a lot online and it seems that alot of people don't know what they are talking about I think that's what confuses me the most.

BunnyGirl

No probs

Read the K1 guide at the top of this forum and then look at the I129F form AND instructions.

And ask questions if you get stuck!

Noorah101

For the K-1 visa, there is no joint sponsor allowed for the I-134 affidavit of support. But if you don't qualify financially, a different sponsor can be used.

When it comes time for his AOS, then a joint sponsor is allowed.

Rene

niki1987

Okay I have another question. If we got married and filed then I know it takes longer but would he be allowed to visit me during the time its processing?

Bagger

Assuming he had a valid ESTA or other visa, he can visit according to the limitations of the respective status during the processing period of his immigrant visa.

Hint: assuming he can use ESTA (as a Brit without certain criminal records), do not be tempted to apply for a non-immigrant visa (i.e. B1/2) for the longer visit duration it generally permits by comparison. There would be a very low chance of success, and it would likely mean he could no longer use ESTA for shorter trips during the immigrant visa processing period.

Noorah101

Yes, if he is legally able to do so. Having a visa process going on does not, in and of itself, prevent one from visiting the USA.

Rene

niki1987

Thank you so much for your help I appreciate it! Now from what im reading correct me if im wrong but it would be difficult for him to visit during the k1 process right?

Noorah101

Wrong.

He can continue to visit the USA regardless of which marriage-based visa he is going for.

Rene

niki1987

Wow that's great I was reading something earlier that stated that it would be difficult for him to visit during the process of the k1 visa

ian-mstm

I suggest you stop reading! It is no more easy or hard to visit when a visa is being processed than at any other time.

Ian

niki1987

Yeah I plan on it lol I find the info I get here is more accurate thanks!