marriage vs. fiance visa

[Heruamen]

  I am sure many men who were serious had this on their mind.  It seem that its quicker to get her here if she is a fiance as opposed to a wife.  I know this is a crazy question but is there a way you could marry your girl in the philippines and still get her here on a fiance visa?  I heard it could take a year or more to get her here if she is already your wife.  share your knowledge on this please.

[michaelb]

Not legally.

[Cbear]

From what I have been researching it looks like a K3 is just about the same time frame as a K1. But you have to adjust status as soon as she gets here. That costs about 1K to do so.

Just google it, the answers are out there. She cannot work or go to school on a K3 but she is allowed to travel in and out of the country with it. She cannot do that with a K1.

The CR1 is better if you ask me because it allows her to work as soon as she arrives without waiting for an adjustment or whatever they call that work thingy, LOL

[Shadow_mas]

I guess that both have their advantages and disadvantages.
Mostly it is a personal choice.

Of course I presume that no matter if you marry in the U.S. or in her country you know each other well enough and have spent enough time together to take the step.

[Ray]

  I am sure many men who were serious had this on their mind.  It seem that its quicker to get her here if she is a fiance as opposed to a wife.  I know this is a crazy question but is there a way you could marry your girl in the philippines and still get her here on a fiance visa?  I heard it could take a year or more to get her here if she is already your wife.  share your knowledge on this please.

You have to make a choice. You cannot marry over there and then use a fiancée visa, and to attempt to do so is visa fraud and could result in a lifetime ban on immigration.

Does it normally take a little longer for a spouse visa? Yes, but how long it takes to get her a visa is not what should be your primary concern IMO. After discussing all of the options with your fiancée, you both should decide which route is best for you based on your situation. I strongly recommend that you let your bride have the final decision on where and how to marry, then petition her for the appropriate visa accordingly.

I’ve done it both ways and the traditional wedding in the Philippines was by far more meaningful and enjoyable than the quickie Las Vegas wedding I did the first time.

Ray

[Ray]

From what I have been researching it looks like a K3 is just about the same time frame as a K1. But you have to adjust status as soon as she gets here. That costs about 1K to do so.

Just google it, the answers are out there. She cannot work or go to school on a K3 but she is allowed to travel in and out of the country with it. She cannot do that with a K1.

The CR1 is better if you ask me because it allows her to work as soon as she arrives without waiting for an adjustment or whatever they call that work thingy, LOL

Some corrections/clarifications:

A K-1 is authorized to work immediately after arrival, but it may take a couple of weeks to obtain a Social Security Card. After 90 days, she will need a work permit, which can be applied for along with the Adjustment petition. It shouldn’t take more than 60 days to get the work authorization. Also, a K-1 can travel out of the country while waiting for Adjustment of Status approval if she applies for an Advance Parole travel document.

A K-3 can work but must first apply for work authorization from CIS and then a SS Card. There is no reason why she can’t go to school while in K-3 status, though residency eligibility ‘may’ be a factor in determining fees.
 
Ray

[william3rd]

Some corrections/clarifications:

A K-1 is authorized to work immediately after arrival, but it may take a couple of weeks to obtain a Social Security Card. After 90 days, she will need a work permit, which can be applied for along with the Adjustment petition. It shouldn’t take more than 60 days to get the work authorization. Also, a K-1 can travel out of the country while waiting for Adjustment of Status approval (WHICH MEANS THAT THEY GOT MARRIED WITHIN THE 90 DAYS OF STAY)if she applies for an Advance Parole travel document.

A K-3 can work but must first apply for work authorization from CIS and then a SS Card. There is no reason why she can’t go to school while in K-3 status, though residency eligibility ‘may’ be a factor in determining fees.

WITH CURRENT PROCESSING TIMES K3 IS BECOMING SORT OF A WASTE SINCE THE I130 APPROVALS ARE MUCH FASTER THESE DAYS.
 
Ray

[Ray]

WITH CURRENT PROCESSING TIMES K3 IS BECOMING SORT OF A WASTE SINCE THE I130 APPROVALS ARE MUCH FASTER THESE DAYS.

Well, at least it isn't such a waste of money now that there is no filing fee for a K-3 petition.

I remember the original intent of the K-3 was to expedite visa processing in the interest of family reunification. The K-3 was supposed to take precedence over the other non-immigrant visas for stateside processing and when scheduling visa interviews.

I guess it is kind of worthless now.

[Capstone]

It shouldn’t take more than 60 days to get the work authorization.

The current average time for receiving EAD after the paperwork is submitted is 3-4 months. I have been watching this closly as my fiancee is due to arrive in less than 2 weeks.

[Ray]

The current average time for receiving EAD after the paperwork is submitted is 3-4 months. I have been watching this closly as my fiancee is due to arrive in less than 2 weeks.

The law says 60 days max for EAD approval. If it's been 60 days since submission and still no EAD, make an InfoPass appointment with your local CIS office and they will give her an interim EAD right on the spot.

If your fiancee is arriving on a K-1 and she wants to work right away, she should go to any SSA office and apply for a SS Card about 2 weeks after arrival. A K-1 DOES NOT need an EAD to work in the first 90 days after arrival. If they give her any shyt about it at SSA, let me know... 

Ray

[william3rd]

Well, at least it isn't such a waste of money now that there is no filing fee for a K-3 petition.

I remember the original intent of the K-3 was to expedite visa processing in the interest of family reunification. The K-3 was supposed to take precedence over the other non-immigrant visas for stateside processing and when scheduling visa interviews.

I guess it is kind of worthless now.

Dont worry- it will be needed again someday. Just as soon as amnesty comes up in the fall. . . . the I310 backlogs will go up as priorities shift to legalizing the illegals.