I wanted to apply for a k1 visa but i dont know if marrying the “petitioner” at my country and then applying for a citizenship would be better than the k1. Which one costs less, is less time, Is more efficient and is more likely to be accepted?
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3You're not going to get US citizenship abroad. You can get an immigrant visa and then a green card when you enter USA but not citizenship.– nikhilCommented Jul 31 at 4:54
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Do you intent to stay in the US after entering on this visa or is this for a visit with the intention to maybe later move to the USA?– WillekeCommented Jul 31 at 5:01
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1If you are approved for a K1 visa you will be able to marry in the US. If you marry outside the US and your subsequent immigrant visa application is refused for some reason (IDK how likely that might be), you will be married but unable to go to the US. This site provides comparison info– TravellerCommented Jul 31 at 7:09
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9In your previous question you mention an overstay in the US as a child and being in a long distance relationship from that time with a US citizen. You should probably get advice from an immigration lawyer as to the best path.– TravellerCommented Jul 31 at 7:18
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1 Answer
The processes are different.
For a fiancé visa, the US citizen would file an I-129F petition, and then after approval it would go to the consulate for you to get a K1 visa. You would marry the US citizen within 90 days of entering the US on K1. Then you would file I-485 for Adjustment of Status. Only after the I-485 is approved would you become a US permanent resident. While the I-485 is pending, employers will not hire you unless you have an EAD (which you can apply for, but it has a fee and takes several months to get); you also cannot leave the US while the I-485 is pending or it will abandon the I-485, unless you have been granted an Advance Parole (which again you can apply for, but it has a fee and takes several months to get).
If you marry first, the US citizen would file an I-130 petition, and then after approval it would go to the consulate for you to get a CR1 immigrant visa. Upon entering the US with the immigrant visa, you immediately become a US permanent resident, and immediately have temporary proof of permanent residency, which you can use to work and/or travel abroad.
So it will be faster to become a permanent resident with the immigrant visa route. But it might be faster to get to the US with a K1 visa. I am not sure exactly how the processing times currently compare for I-129F and K1 visa vs. I-130 and CR1 visa. The K1 route definitely has the downside of you being stuck in the US for a while (and maybe not being able to work for a while) while the Adjustment of Status is pending.
