Hi everyone!
I have been reading all of your comments in regard to the fiance visa process, and I really appreciate all you advises. I am the girlfriend of freiheit.1991, and I was wondering about a few things in best way to do this process. Some suggest to get a lawyer, others say that it is too expensive, so I think going without one lawyer will be the best for our economy.
I have one year left until I graduate, and I am lining up some potential jobs for once I receive my degree. Some of my concerns are about the opportunities that freiheit.1991 will have in terms of jobs within the united states. What does he need to work and become a permanent resident?
Also, what is the difference between the K1 and K2 visa? What is approximately the cost and procedure to marry in Argentina? Do I need a specific visa to marry him?
Hola!
If you decide to go for a K1 or K2 visa, you really don't need a lawyer. It's a fairly straightforward process.
The K1 or "fiance" visa allows your foreign fiance to travel to the US once they are granted the visa, get married in the States and stay there. As soon as you are married - within 90 days of his arrival in the US - your husband will apply to change his status to a permanent resident and also to get permission to work, get a Social Security number, etc. At some point he will have an interview and a few more appointments to take fingerprints and stuff like that, and eventually he will receive his Green Card and be granted permanent residency. There's no saying for sure how long it will take to receive the actual GC but I think the current average is around 6 months to a year, and during that time he can't leave the US, or else risks interrupting the process and having to start all over again.
One thing you should be aware of... when applying to bring your foreign fiance or spouse to the US, you will need to prove that you can support him financially until he is settled and can work and earn on his own. You can read more about the specific requirements on the US immigrations website but you will need to prove that your salary is sufficient to support the two of you for several months. So it's good that you are looking for jobs already! If your salary alone doesn't meet the requirement you can also ask someone you know to act as a "co-sponsor," basically just someone in the US who is willing to vouch that your fiance won't become a burden on the state.
The K2 visa is for foreign spouses, so if you were to get married in Argentina you could then apply for the K2 visa. The wait times for K2 visas are said to be a little longer than K1s, don't ask me why. With either one your fiance will need to stay in Argentina until the visa has been approved, and then he can travel to the US and complete the application for permanent residency.
As was mentioned earlier, it is not advisable for your fiance to travel to the US with a tourist visa and get married while there if he plans to stay in the US. Getting married on a tourist visa is totally fine if he returns to Argentina afterward, but it is considered visa fraud if you two get married with the intention of him staying and seeking permanent residency. Some couples get away with it (if they can prove they had no prior plans to get married and it was an impromptu decision) but if forever reason the immigration official believes you had it planned, your fiance may have to return to Argentina and be banned from reapplying for residency for several years.
One of the best resources I can recommend is
http://www.visajourney.com/. There you will find a ton of information about ALL of your options, as well as examples of the paperwork, guides on how to apply, current wait times, etc. It's been a life saver for me through this whole process! Feel free to PM me if I can help with anything else
Good luck!!