Fiance Visa or get married oversea's

[NicolaNSam]

Hello guys,

 

I haven't posted in a long time but some of you may remember me. Nicola and I are doing great and have two little girls aged two and six. Hope everyone is doing well!

My very close friend has met someone in the Philipeans (However you spell it) and he has heard that the immigration laws have changed since I met Nicola in 2003. When I met Nicola it was recommended to get a Fiance visa and we would expect to wait 8 months (which we did) until she can come to America and we have 90 days to get married. He heard its actually better to get married in the Phillipeans now instead of applying for a fiance visa as his wife should get her visa quicker to come to America. Would you please help me confirm this is true and why you believe it to be better. He's around 45 and she is around 40 years old and both have not yet been married. Any advice is really appreciated!

[Randy W]

No laws have changed. Be wary of advice to choose one path or another based on expected immigration outcomes.

 

That being said, we don't hear much about the Philipines. You might check visajourney.com. Perhaps Dan can help you, since he's a regular there.

[Beachey]

No laws have changed. Be wary of advice to choose one path or another based on expected immigration outcomes.

 

That being said, we don't hear much about the Philipines. You might check visajourney.com. Perhaps Dan can help you, since he's a regular there.

 

 

I agree with Randy's advice. However, it appears one thing that is different from the past is the K-1 visa and the CR-1 visa take about the same amount of time so that shouldn't drive the decision.

[dnoblett]

No laws have changed. Be wary of advice to choose one path or another based on expected immigration outcomes.

 

That being said, we don't hear much about the Philipines. You might check visajourney.com. Perhaps Dan can help you, since he's a regular there.

 

 

I agree with Randy's advice. However, it appears one thing that is different from the past is the K-1 visa and the CR-1 visa take about the same amount of time so that shouldn't drive the decision.

 

Correct, it use to be that a K-Visa took less time due to long processing of I-130 for spouse visas, and the added processing at NVC, this is no longer the case, in the case of Manilla the K-visa may save a month or so due to the NVC processing.

 

K-1 may give you a visa is a slightly shorter time, perhaps a month or so, when factoring in the paperwork at NVC.

 

Compare:

 

K-1 (FEES ~$1800)

K-1 cannot take a job until getting EAD or Green-card, this can take MONTHS after arrival

K-1 cannot get a DL until they have EAD or Green-card, can use foreign DL in most states though.

K-1 becomes land locked and cannot travel out of the USA until having green-card or AP doc, which can take MONTHS to get.

 

CR-1 (FEES ~$900) (DCF ~$80 less due to no I-864 processing fee.)

CR-1 gets green-card the moment they arrive in the USA so can take a job immediately

CR-1 gets green-card so can apply for a DL

CR-1 gets green-card so can immediately travel, conceivable the next day, passport is stamped I-551 which allows work and travel

 

Essentially K-1 visa holder will be unable to work for at least 4-6 months after arrival.

 

IF work shortly after arrival is desired, then the better visa is CR-1, (marry first, then apply for visa) CR-1 spouse visa costs less and gets green-card upon arrival to the USA, also with much improved processing, for most consulates CR-1 tends to take perhaps 1 - 1.5 months longer to get than a K-1.

 

Keep in mind to marry overseas would require a trip overseas, if have visited a couple times and wish to start the process now, then K-1 may be a consideration, and then deal with the down sides of that visa savint the costs of an additional trip for the eventual AOS process from a K-1.

[NicolaNSam]

Thank you guys so much for replying. It feels great to go back to a familiar place and ask for advice from trusted people. When I was applying for Nicola's visa I remember being advised not to get married in China because you could undergo a name check that would possibly delay you for a year or so if your name was matched with anyone in their system. I had met a few people that were stuck in this long name check process and also wished they had done a fiance visa. Has this all changed now? Maybe I misunderstood something back then and thought it was better to get a fiance visa. Thanks in advance for everyone's time.

[dnoblett]

Thank you guys so much for replying. It feels great to go back to a familiar place and ask for advice from trusted people. When I was applying for Nicola's visa I remember being advised not to get married in China because you could undergo a name check that would possibly delay you for a year or so if your name was matched with anyone in their system. I had met a few people that were stuck in this long name check process and also wished they had done a fiance visa. Has this all changed now? Maybe I misunderstood something back then and thought it was better to get a fiance visa. Thanks in advance for everyone's time.

 

Nope whatever use to cause delays for spouse visas years ago seems to have been solved. Both I-130 and I-129F take sam max time to process at USCIS about 5 months at the most.

[NicolaNSam]

Your saying from the time my friend applies to the date of her interview should be only five months? It used to take 8-13 months and we were lucky to have finished around 8 or 9 months. Are there people applying and getting interviews within five months now? That's incredibly lucky

[dnoblett]

Your saying from the time my friend applies to the date of her interview should be only five months? It used to take 8-13 months and we were lucky to have finished around 8 or 9 months. Are there people applying and getting interviews within five months now? That's incredibly lucky

 

Nope, the 5 months is just the max for USCIS processing of a petition, there still is the NVC and Consulate process to factor in.

 

Manilla, is averaging about 8 months:

 

http://www.visajourney.com/timeline/k1list.php?cfl=1&op1=3&op2=d&op3=5&op4=1&op5=&op6=All&op7=Philippines&dfile=No (CR-1)

http://www.visajourney.com/timeline/k1list.php?cfl=1&op1=3&op2=d&op3=1&op4=1&op5=&op6=All&op7=Philippines&dfile=No (K-1)

[NicolaNSam]

Okay I understand! Thanks