I need some advice

[mashakeith]

My boyfriend has just proposed to me and now I need to decide whether we should get a fiancee visa and get married in US or if I should go to China and get married there and then bring him here as my husband. I understand that fiancee visa may be faster, but my concern is that I am significantly older than my boyfriend. Will this raise a red flag for a fiancee visa?

[Dennis143]

My boyfriend has just proposed to me and now I need to decide whether we should get a fiancee visa and get married in US or if I should go to China and get married there and then bring him here as my husband. I understand that fiancee visa may be faster, but my concern is that I am significantly older than my boyfriend. Will this raise a red flag for a fiancee visa?

I would be helpful if you could give us some background on the evolution of your relationship.

[credzba]

My boyfriend has just proposed to me and now I need to decide whether we should get a fiancee visa and get married in US or if I should go to China and get married there and then bring him here as my husband. I understand that fiancee visa may be faster, but my concern is that I am significantly older than my boyfriend. Will this raise a red flag for a fiancee visa?

 

I think my first post to this site was the exact same question you just asked.

The response I got was "Do what is right for your relationship and life".

 

The visa process should not determine what is right for you.

 

You can read many peoples visa stories here.

Tsap always says it is a crap shoot what happens to you.

 

Decide what is best for you and your husband without reguard for the visa, and let the visa process go however it goes.

[mashakeith]

I was thinking of another option: since he is a performer and has been to US at least 3 times, maybe it would be the easiest to get him here on another contract. Get married here and deal with adjustment of status while contract visa is still valid. Any thoughts?

[dnoblett]

Keep in mind DHS can and sometimes deny adjustment of status if they suspect a visa non immigrant visa was intentionally used to immigrate.

 

[dnoblett]

Another thing to consider is all the fees paid to the .GOV

 

Here are the costs breakdowns, visa petition filing to green-card..

 

I-130 CR-1

• I-130 $420
  
• DS-230 $230
  
• I-864 (IF I-130 is filed in the USA) $88
  
• Total $650 DCF, $738 if filed petition in the USA
  

I-129F K1

• I-129F $340
  
• K-Visa fee at Consulate $240 each
  
• I-485 fee for green cards after marriage $1070
  
• Total $1650 for K-1
  

I-130 + I-129F K3

• I-130 $420 each
  
• I-129F (No charge)
  
• Petitions reach NVC
  
• Takes the K-3 path, if somehow I-129F is separated and approved before I-130 at USCIS
  
  • K-Visa fee at Consulate $240.
    
  • I-485 $1070 to adjust status after arriving on a K-3
    
  • Total $1730
    

  [*]Takes the CR-1 path if USCIS sends both CR-1 and K-Visa petitions to NVC

  • DS-230 $230
    
  • I-864 $88
    
  • Total $738
    

I did not add costs for Medical, Vaccinations and Postage, it is essentially the same in any case.

 

Timings,

 

CR-1

• 9-12 months if petitions are filed in the USA
  
• 3-4 months if petitions are filed in China
  

K-1

• 9-10 months petitions must be filed in the USA
  

K-3

• 9-12 months a CR-1 I-130 petitions need to be filed first in the USA followed by filing an I-129F for the K-3.
  
• What happens next is the USCIS ties the spouse visa petition to the I-129F, then process together, and in the vast majority of cases they approve the I-130 at the same time as I-129F and mail both together to NVC where NVC closes the I-129F (K-Visas) and proceeds with the I-130 petitions. (The reason the K-3 exist as an option has to do with a problem that existed 8-10 years ago where it was taking a very long time for USCIS to process I-130 petitions, the K-3 was offered as an option for a married couple to be reunited while waiting for the I-130 to be approved, after which they could either return to home country and interview for the spouse visa, or could then adjust status in the USA. Since USCIS is approving the I-130 BEFORE K-3 would be issued, the whole reason for K-3 no longer exists, (WAITING for I-130 approval))
  

Essentially a K-1 is about $1000 more in fees from petition filing to getting a green-card to live permanently in the USA.

 

Spouse visa (CR-1)

 

Pros:

• Lower cost in fees.
  
• Instant green-card upon arrival in the USA
  
• Able to work and travel based on the immediate green-card
  

Cons:

• If Denied at consulate will require more work to overturn the decision.
  
• If step child involved that is age 18 or older at time of marriage then would not be able to apply for a separate visa for step-child, child will remain behind until biological parent is in the USA and has green-card at which time parent files petition for child, process then takes years to get visa for step child.
  
• Slightly longer visa processing (1 to 1.5 months)
  
• Added trip is needed to get married, if already met within the past 2 years and are currently in the USA,
  

K-1 Fiancee

 

Pros:

• Slightly quicker process, perhaps by a month.
  
• If there is a child involved (possible K-2) if child is older than age 18 but less than 20, the K-1/K-2 is the only way to bring step child to the USA.
  
• If already met within past 2 years can file now
  
• if denied the visa, many simply travel to China and get married and answer the denial letter, and file a new spouse visa petition.
  

Cons:

• Much higher cost to get to green-card
  
• Unable to work or travel until after marriage and waiting for green-card, during processing of green-card app can apply for a work permit and travel document for use while waiting on green-card process.
  
• Unable to apply for a driving permit until having work permit and SSN, or green-card and SSN
  

AOS from a non immigrant other than K-1 can run into issues if USCIS determines visa was not used as intended. they can place a mark of misrepresentation making it very difficult to immigrate.

[mashakeith]

Wow! Thank you! This is a very detailed answer. The only confusing part is to differentiate between all these forms and numbers... I did bring my mother from Russia, I think it took about a year. I guess, if we are meant to be together we should be able to wait that long. Hopefully my boyfriend will be able to get his contract again, so we would be able to at least be in the same country part of the time. I can visit him in China but not on a full time basis, since I also support my elderly mother here in US...

[credzba]

Wow! Thank you! This is a very detailed answer. The only confusing part is to differentiate between all these forms and numbers... I did bring my mother from Russia, I think it took about a year. I guess, if we are meant to be together we should be able to wait that long. Hopefully my boyfriend will be able to get his contract again, so we would be able to at least be in the same country part of the time. I can visit him in China but not on a full time basis, since I also support my elderly mother here in US...

Only 2 paths to decide between.

i-130 form - marry first in china, then apply for visa. Green card is automatically issued after entry to usa.

i-129F- provides a 1 time use visa so fiancee can come to america, then you must marry within 90 days, and file i-485 to get green card.

You just download that form number, follow the instructions, and your on your way!

 

The k3 is not very useful except if you have step-child between 18 and 20 and your already married.

 

DNoblett did a good job summarizing the pro/con of each.

[dnoblett]

 

Wow! Thank you! This is a very detailed answer. The only confusing part is to differentiate between all these forms and numbers... I did bring my mother from Russia, I think it took about a year. I guess, if we are meant to be together we should be able to wait that long. Hopefully my boyfriend will be able to get his contract again, so we would be able to at least be in the same country part of the time. I can visit him in China but not on a full time basis, since I also support my elderly mother here in US...

Only 2 paths to decide between.

i-130 form - marry first in china, then apply for visa. Green card is automatically issued after entry to usa.

i-129F- provides a 1 time use visa so fiancee can come to america, then you must marry within 90 days, and file i-485 to get green card.

You just download that form number, follow the instructions, and your on your way!

 

The k3 is not very useful except if you have step-child between 18 and 20 and your already married.

 

DNoblett did a good job summarizing the pro/con of each.

The K-3 is essentially dead, NVC closes it in favor of the approved underlying I-130 petition.

 

K-3 also does not allow for step child between 18-20 to adjust status either, step child must still be under age 18 prior to parents marriage because a K-4 step child still needs step parent to attach an I-130 to their I-485 as a basis to adjust status, and if the marriage took place after step child turned age 18 the step parent cannot provide the I-130. Only a K-2 step child can adjust status based on the K-2 visa so the age 18 restriction is not an issue.

[mashakeith]

Thank you everybody so much! We have no children/step children, so that is the only easy point I guess