K Visa Which would be my best VISA option

[trinitrish]

My Fiance is a US citizen. We met over 3 years ago while he was visiting my country. We have been together since.

We survived our relationship thru many visits...I to the US or he to my country, phone Calls, emails, skype, texts. We communicate everyday. I do have a B2 VISA and I have never overstayed my visits which are usually two weeks long.

Ofcourse now....we want to get married and he is insistent that I must move to the US. Our relationship is becoming a strain because...we want to be together ...we cannot live apart like we have for so long. It is becoming too much for us. I want to go to him as much as he wants me to come.

However, my problem is I am uncertain which would be the best route for us to take. We do not want to wait another year apart while waiting on all the legallities. I do understand that there is the procedures etc. I also do not want to break any laws or go about this the wrong way. However, I cannot be away from my sweet heart much more longer.

Can anyone advise us on what would be the best VISA to apply for. Should I go to him on my B2 and get married there and apply. Should he come here...we marry and wait ...again. Should he apply for a K1 and I go there. We only want to be together so we can start our lives and family.

I want to know what would be best. I do not want complications. I have a great job here and if I leave it...and I go to the US and find myself in all kinds of trouble to be with my love...and then find out that I did not pass some immigration test...it is disasterous.

I appreciate any advise that you may have to offer.

 

[Michael Wechsler]

You will need to apply for a visa whether or not you get married while you are here on your B2. Here is what I understand regarding immigration law - your best bet is to speak to an immigration lawyer who can provide for you the best advice based upon the specific set of facts in your situation.

Fiance Visa - k1 - You can apply for a K1 and have 90 days within to get married. If you get married in the US, you need to file for for adjustment of status. Once you do this, you should be legally authorized to continue to stay in the U.S. until such time that the a decision is made on your visa application. There will be a great deal of paperwork involved and it may be quite a while (several months) before you have an interview at an office of U.S. Citizenship and Immigration Services (USCIS).

Marriage Based Visa - You can get married outside of the US and apply for an immigrant visa as a result of your relative aka your spouse who is a United States citizen. Your immigrant visa should allow you to enter the U.S and become a resident.

The K3 option is no longer viable these days. My thought is that the K1 Fiance Visa is probably the best approach if you intend to live here. But again, speak to an immigration lawyer is the only way to confirm that what I think is the best immigration law approach is the most appropriate for you.

 

[disagreeable]

You have two good options, fiance visa or marriage outside of country, then I-130 to adjust status.