Marry a US citizen - which option is best?

Question

I am a New Zealander in the US on a visa waiver visiting my boyfriend of 6 months, and we have decided to get married. I am due to leave the US in August, and plan to do so. I want to know which option is quickest (and least expensive). As I understand it we have 2 options.

1: I leave, he files for a fiancee visa, we wait it out, then I come back to the US and have to be maried in 90 days.

2: We get married while I am here, I then leave and he files for a spouse visa which we will have to wait out too.

Please correct me if I am wrong. I am wondering which of the 2 options is the fastest way for us to be together in the long run. I understand we are looking at time apart either way which is unavoidable. This is a genuine situation and we will do what ever we have to to be together..... the faster the better! Any advise would be appreciated.

Answer 1

2

Answer 2

Both take about the same amount of time, although the way of the fiance visa is about $100 more expensive in terms of fees to USCIS.

The fiance visa (K-1) is applied for by way of form I-129F, which costs $455 to file.

The spousal visa (K-3) is applied for by way of form I-130, which costs $355 to file.

After that, the costs are the same ($1010 for form I-485, adjustment of status, i.e. the green card application).

Both take about the same amount of time to process so there's no real pros and cons between the two as far as speed is concerned.

On the other hand, if you pick the way of the spousal visa, you can apply for a different kind of visa (CR-1/IR-1) at some point during the process, which enables you to enter the US as a permanent resident (= green card holder), which means you don't have to adjust status (that's $1010 saved).

Another thing that would be allowed in your case is to get married and simply file to adjust status without leaving your case. It's allowed in your case because it doesn't sound like you had any intention to get married when you entered the US, but you decided to do so. Read this for more info on that topic:

http://www.visajourney.com/forums/index....

And generally I would recommend reading the guides and the community at http://www.visajourney.com/ as you will find them extremely useful no matter which way you pick.

Answer 3

How about 3 options:

1)same as yours

2)same as yours

3)get married, leave and apply for a CR-1 visa (you do not qualify for a IR-1 visa) and return as a green card holder (this will take longer).

Getting married here will NOT automatically trigger a marriage fraud investigation, and take twice as long to get a spousal visa as it would have if you got the fiance visa first.

Getting married AND applying for a change of status is considered prima facie evidence of visa fraud.

Answer 4

#1 is the only viable option.  If you choose option #2 (marry while on any type of visa or VWP instead of a fiance visa), you automatically trigger a marriage fraud investigation, and it takes twice as long to get a spousal visa as it would have if you got the fiance visa first.  

He can apply for the fiance visa after you leave the US.  He has to prove when/where/how you two met, how long and how well you know each other, when & where you have been together and for how long.  He also has to prove he has sufficient income and assets to support you and guarantee a $30,000 bond.