K-1 Fiance or Spousal Visa

#1
Hello,

I am a US citizen and my fiancé is based in Nigeria. We are both from the same country.
We are trying to determine the best option of having filing a K-1 or spousal visa. We are currently not married but we would like for him to join me as soon as possible but also be able to work or at the worst go to school. I have tried to read through the instructions for both but still having difficult which one is best.
These are my questions
  • Which one is faster Fiancé (K-1) or Spousal Visa?
  • How long will it take for him to join me here through K-1 or Spousal
  • If he comes here on the Fiancé (K-1), is he allowed to go work or go to school? I read online somewhere that after we get married within the 90 day period, we can apply for the I-485- Adjustment to Permanent residence along with a form I-765 – card. Can this be done while he is on K-1 visa or simultaneously with I-485?
  • Any other information you have would be greatly appreciated.
 

Sm1smom

Super Moderator
#2
Get married and go for CR-1 if the plan is for your spouse to be able to work or go to school as soon as they get to the US (depending on how quickly they’re able to secure the job of course).

Entering on K-1 prolongs how soon they can work. It currently takes roughly 7 - 9 months for EAD approval, and without that your spouse cannot engage in authorized employment.

Plus K-1 petitions get heavily scrutinized in Nigeria just so you know. So you’re better off getting married first and filing CR-1
 
#3
Thanks for your response. Relatively , how long does it take to get the CR-1 approved (I-130)?
Travelling back and forth is currently difficult for me with my job.
Is it possible to at least go to school on a K-1 visa.
Sorry to keep repeating myself but how long does it take to get a K-1 visa and how long will it take to get the green card after I-485 is filed upon entering the US.
 

Sm1smom

Super Moderator
#4
There’s currently a difference of 2 to 4 months’s processing time between K-1 and CR-1. Complete processing time for K- 1 is roughly 9 to 14 months. Then add roughly 12 months (or more) for AOS approval following admission on K-1 (after AOS gets filed).

Your spouse may be able to go to school after AOS filing if they enter on K-1 - they cannot attend school on K-1 itself.
 
#5
Thank you fall for your responses. I have decided to get married very soon and file an I-130. Should an I-485 be filed concurrently or should be filed later?
 

Sm1smom

Super Moderator
#6
You can’t file an I-485 since your fiancé is not in the US. You get married, file the I-130. Your fiancé will be submitting a DS260 form for consular processing. You will be advised as to when the DS260 needs to be submitted which will be after your I-130 approval.
 
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