QUESTION
Fiance or Spousal Visa- which allows faster work eligibility?
Asked on Jun 25th, 2012 on Immigration - Oregon
More details to this question:
My fiance is Irish. I am American.
He is going to immigrate here so we can start our lives together and raise our family near mine. We are trying to decide which is the best option for our situation: a K1 or K3 visa.
Should I sponsor him over as a fiance? Should I marry him when he visits in August and after he returns to Ireland (he will have to return for work) sponsor him over as a spouse? Should I marry him over there and sponsor him in? I am thinking of going to Ireland until paperwork processes- is that feasible/possible? Or do I have to stay here to file?
What is the best way considering these options/concerns?
Basically, we miss each other dreadfully, and cannot wait to start our lives together and want the most direct route to being united in the states. Waiting on work eligibility is not ideal as we''ll be newly married and finances are tight already, but we simply want to be together.
Any input is greatly appreciated. Thank you!
1 ANSWER
In general, the K-3 visa is useless and outdated because of changes in processing times. The K-3 is a hybrid visa and combination of the K-1 and immigrant visa options. It was created because based on previous processing times, it was much faster for a fiance to obtain a K-1 than a spouse to obtain an immigrant visa. Now that those processing times are similar, the K-3 is not used very often.
In general, your options would be to use the K-1 as a fiance or marry and pursue the immigrant visa. There are various pros/cons to each strategy that should be reviewed through a consultation with an immigration attorney. One is not necessarily better than the other, and whichever is the best fit depends on your specific situation.
You can find some helpful information on each option at:
http://www.familytousa.com/fiance-petition-k-1-visa/
http://www.familytousa.com/i-130-immediate-relative/
http://www.familytousa.com/immigrant-visa-processingconsu/
Regards,
Andrew M. Wilson, Esq.
Serotte Reich Wilson, LLP
www.srwlawyers.com
awilson@srwlawyers.com
Answered on Jul 03rd, 2012 at 4:36 PM