Should we get married or Fiancee?

[zyd 0]

The situation is this, i was born in the US (Colorado). My family is from Mexico, I've live in Mexico the last 13 years (I'm 22).

In November 2009 i met my boyfriend (He's 25), he is the love of my life and i am the love of his life.

He has this software startup in Mexico and is doing decently well (he has 10 employees, not rich, but enough for quitting his day job).

We are very happy in Mexico, we both have decent jobs and live in a nice city. But... i just recently applied for UCLA and got admitted!

He doesn't need to be in any specific location to be working and we want to be together so we are both ready to commit to each other but i don't know what to do and i would love to know your opinion.

We want to get married now and apply for his Green Card, we intend to live in LA beginning in January 2011. I know there is a lot of fraudulent marriages and that we have been together for just 5 months and we would apply after just one month of been married, i feel frustrated even thinking about having problems for other people mistakes.

Would be easier for him to go with me if we get married here or if i apply for the K1 and then marry in LA?

I know that if we have less than 2 years together he just gets a conditional permanent resident green card and then we have to reapply, we are cool with this because this is for life.

Thanks in Advance

Adry

[Indy90 21]

It seems to me that the best option might be directly filing with the consulate in Mexico rather than sending everything into USCIS. Direct filing is usually cheaper, simpler (less forms) and quicker and would probably be the only way that you would be together by January of 2011. You need to contact the consulate in Mexico that handles permanent visas to the United States to find out if you are eligible, but I think that usually the requirement is to have lived in the same country as your loved one for six months as a resident, which it sounds like you meet. I do believe that you have to be married to do it; fiancees cannot do that, although please correct me someone if I am wrong.

As far as getting married (CR1) or applying as a fiancee (K1), that is a decision that you will have to make. From what I have gathered here, if you do not directly file, the k1 tends to be slightly shorter (by a couple of weeks only) but also costs more money. Since I imagine most of your relatives live in Mexico, you might feel complelled to get married in Mexico for that reason, as getting tourist visas to the US for all would be difficult and costly. By the time of your interview, you will have known him for about a year anyways, so I am not sure how much that really matters. Additionally, whether you apply for the K1 or CR1 does not change the fact that you have known him for 5 months.

I am not really familiar with Mexico so you probably should listen more carefully to people who are more familiar with the procedures in Mexico.

Here are a couple of links that say stuff about directly filing with a consulate as opposed to sending the I 130 to USCIS in the United States.

http://www.visajourney.com/content/dcf

http://ciudadjuarez.usconsulate.gov/step1_iv.html

[Moonandstar 6]

As far as getting married (CR1) or applying as a fiancee (K1), that is a decision that you will have to make. From what I have gathered here, if you do not directly file, the k1 tends to be slightly shorter (by a couple of weeks only) but also costs more money.

That. Alot more money- not to mention you deal with the process twice as K-1 (referring to AOS here). I'm not sure it will change how they view your case any though.

Edited June 1, 2010 by Moonandstar

[Lia792 5]

I suggest you read our DCF thread: http://www.visajourney.com/forums/topic/242117-dcf-mexico/

It seems to be taking about 3-4 months, I guess I'll know for sure when we get our interview date.

What you might want to consider is how you would work out sponsorship with the I-864. If your boyfriend has a good business in Mexico, I guess I would think twice before throwing that away, because you could probably have a fairly pleasant life in Mexico after graduation. Another issue you will likely have is proving some sort of domicile as part of the I-864 requirements since you have been living in Mexico for the past several years. I suggest you study everything required for the immigration process and think about where you both want to live and work long-term so you can plan accordingly, especially considering the current economic situation in the US.

Good luck with what you decide!

Edited June 2, 2010 by Lia792

[zyd 0]

Thank you all for your words and advices.

We do really want our future children to grow in an environment full of opportunities (as well as challenges). We are investigating thoroughly all of our options to make the right choice.

Adri

[zyd 0]

Thank you all for your kind answers, i have another question.

If we marry in Mexico and i have never worked in the US (so, i have no Tax records), should i get a job BEFORE filling or it's enough with demonstrating that we both have professional careers and can found jobs?

Thanks in advance.

[payxibka 10,045]

The "hope" of a job in the future is not sufficient.

[zyd 0]

The "hope" of a job in the future is not sufficient.

Well, is not a hope, I'm American with a B.S. in International Affairs, he is a B.S. in Computer Science and a MBA, so i suppose that if having a job is a requirement we both may get at least something at McDonalds right?

My question was more focus on: Should i have previous record of employment in the USA or it is enough with me getting a job just before bringing my BF to US?

Regards

[Bernie C 24]

Regardless of what route you chose (K-1 finace, CR-1 spousal or Direct Consular Filing - which is a spousal visa process where both parties reside outside the US), you will have to meet the I-864 Affadavit of Support Requirements.

If you want to get married in Mexico and file DCF, you will need to check with the Cuidad Juarez Consulate to determine the criteria that you must meet to do this and also read up on the DCF process.

You could marry in Mexico and then you could come to the US and file CR-1. As a student, you will likely not meet the poverty level guidelines if you are full time. That would be quite a challenge.

If you filed K-1, you would have more time for processing to get something established. You would have to submit an I-134 at time of interview and still meet the poverty guidelines and submit the I-864 at time of AOS.

Your biggest challenge is going to be meeting the Affadavit of Support. Do you know anyone in the US who would possibly be a sponser to meet this.

As mentioned - the USCIS, NVC, etc...are not interested in your degree or ability to find a job, they are concerned with your current income and proving that your spouse will not become a public charge by provided proof of current income that meets the poverty guidlines as defined in I-864P. If you cannot prove current income then it is only a hope to them and is meaningless.

I would recommend that you take your time, do lots of research on your options and understand them all completely before you make any decisions.

[Bernie C 24]

Oh and by the way - congratulations on being accepted to UCLA. That is great and I wish you the very best (Even though I am a Penn State guy )

[payxibka 10,045]

Well, is not a hope, I'm American with a B.S. in International Affairs, he is a B.S. in Computer Science and a MBA, so i suppose that if having a job is a requirement we both may get at least something at McDonalds right?

My question was more focus on: Should i have previous record of employment in the USA or it is enough with me getting a job just before bringing my BF to US?

Regards

With 10%+ unemployment it is "hope" in the short term.

You need to establish ore re-establish US domicile. One of the ways is to have a job or at a minimum have a job offer.

No job (income), no assets, no co-sponsor, no visa

Edited June 2, 2010 by payxibka

[zyd 0]

With 10%+ unemployment it is "hope" in the short term.

You need to establish ore re-establish US domicile. One of the ways is to have a job or at a minimum have a job offer.

No job (income), no assets, no co-sponsor, no visa

I understand, so i suppose i would establish myself first, getting a home and a job and then....

Regardless of what route you chose (K-1 finace, CR-1 spousal or Direct Consular Filing - which is a spousal visa process where both parties reside outside the US), you will have to meet the I-864 Affadavit of Support Requirements.

If you want to get married in Mexico and file DCF, you will need to check with the Cuidad Juarez Consulate to determine the criteria that you must meet to do this and also read up on the DCF process.

You could marry in Mexico and then you could come to the US and file CR-1. As a student, you will likely not meet the poverty level guidelines if you are full time. That would be quite a challenge.

If you filed K-1, you would have more time for processing to get something established. You would have to submit an I-134 at time of interview and still meet the poverty guidelines and submit the I-864 at time of AOS.

Your biggest challenge is going to be meeting the Affadavit of Support. Do you know anyone in the US who would possibly be a sponser to meet this.

As mentioned - the USCIS, NVC, etc...are not interested in your degree or ability to find a job, they are concerned with your current income and proving that your spouse will not become a public charge by provided proof of current income that meets the poverty guidlines as defined in I-864P. If you cannot prove current income then it is only a hope to them and is meaningless.

I would recommend that you take your time, do lots of research on your options and understand them all completely before you make any decisions.

Very useful information and advice. Thank you very much