K-1 or get married??

[chikaprada]

Ok, I am not married yet to my bf but we are planning on getting married I EWI just once and don't know if it should be easier or even possible for me to just get out of the country and have bf apply for the k-1 or if is better to get married here in the states and then have him apply through the 1-30 and get a 601 waiver.

Any help appreciated.

I have no immigration/police problems.

[Laura]

Either way you will need an I-601 waiver.

The fiance visa process is oddly faster. If you filed the I-129F today, you would be able to go to an appointment in CDJ in 6-8 months, file your waiver, etc.

If you marry, file the I-130 (for spouses) and wait for that, it will be up to 18 months before you go to CDJ for your interview and to turn in your waiver.

The third option is to marry, file the I-130, followed by the I-129F (which is a little loophole that allows a quicker consular interview) and get your interview in 8 months to a year. You still need an I-601 no matter what.

If you are suggesting that you would leave the U.S., and have him file for you as a fiance, and lie on your applications as if you had never been to the U.S., well, you're not going to get much support for that around here.

[chikaprada]

No, no I don't want to lie! I believe lies make you get in problems and since I EWI I don't need to dig myself in a deeper hole. I want to do everything legal.

I just wasn't sure if it was still possible for bf to apply for the K-1 since I EWI.

I think we'll be better off doing this.

Thanks.

[chikaprada]

Forgot to ask, if God allows and the K-1 is approved and we get married how long will it take for my to get the PRC? The process can be done here in the states? or why I need to leave the country again?

[Laura]

If the visa and waiver are approved and you return to the U.S. and marry, you do not have to leave again, but you will have to file for Adjustment of Status to get your PR status.

There are several members going through this process right now. I guess AOS takes 6-8 months once you are married.

[chikaprada]

Thanks!!