B-1/B-2 or K-3 Visa (Married to a US Citizen)

[nlanzelotti]

I am a U.S Citizen (21) and I just married my Brazilian husband(23) this week!
I want to move to the U.S ASAP!
The only thing is I don't know whats the quickest or safest way to do so.

Our Plan A is to
Apply for the B-1/B-2 Visa next week
As soon as he gets accepted, travel to the US to visit my family.
After a couple of months there I want to apply for his change of status, so he can be a permanent resident/Greencard holder.
-- My doubts are if doing so will their be any issues, I know it can be fraud if you enter the country with that intent. But he's my husband and I just want to go back to my home with him, no hassle. Which seems to be impossible.

If by any chance Plan A is not fool proof we will go with Plan B. I will apply here in Brazil the petition I-130 and once we get the first approval I will move back to the US and wait for him to finish the whole process out in Brazil so he can move here with everything settled.

** So my main questions are:

Which is better Plan A or Plan B?
If I choose Plan B can he finish out his process in the US?
Can I apply for his change of status on a B-1/B-2 visa?

[bandk]

Plan A won't work unless he lies on the application. They would not grant tourist visa for a spouse of a US citizen. They ask that specific information on the visa application.

Plan B is the only option for you since you are already married. You will apply for CR1 immigrant via for your spouse. He won't be able to come to the US until the immigration visa in hand unfortunately.


if you were not married yet , fiancee visa would be faster.

[nlanzelotti]

Confused,

Plan A won't work unless he lies on the application. They would not grant tourist visa for a spouse of a US citizen. They ask that specific information on the visa application.

Plan B is the only option for you since you are already married. You will apply for CR1 immigrant via for your spouse. He won't be able to come to the US until the immigration visa in hand unfortunately.


if you were not married yet , fiancee visa would be faster.

I actually cancelled in my head the K-1 visa, because all I hear and read are stories of how it takes forever and you pay double.
I am not married yet, I'll marry the 18th this month, but I wrote I was married because I want to know what I should do as soon as I do marry him.
For now Plan B (K-3, I-130, or CR1) is what we are planning to do.
A friend of mine is in the same situation her in Brazil and she did the I-130 and
in the next 3 to 5 months her husband will be approved. (they applied in September 2015)

Since I haven't lived in the US since I was 18 (2012) I thought I could not apply for the K-1 since I don't pay taxes in the country.
I also herd K-1 takes a while. All I want is to be in the US with him ASAP! I'm so confused between CR1 and K-1.

[bandk]

If you can do K1 do it. It's the most natural and shorter way.