Married to a Romanian...

[jet6619 0]

Hello all!

New guy here. Just trying to get a straight answer on my options on bringing my wife over. I've done extensive research and even consulted a lawyer. I am comfortable with doing the paperwork on my own. But like most of us here, I'm not comfortable with the amount of time I have to be away from my lovely wife.

I met my wife in Romania after coming back from deployment when I was stationed in Italy. We just got married in July. We tried getting married in March, but got held back due to my birth certificate and apostille getting lost in the mail. July was also my moving time. I am now stationed in the US. We have yet to start the immigration paperwork. Mainly because of the gathering of the paperwork, which is still in progress. Also because I'm trying to figure what route to take on bringing her here. I want to do things right and fast. From speaking with the lawyer and researching online, I've been looking into the b1/b2 visa. I understand that it is possible to adjust that visa while she is in the states. My concern is, is it legal?

- I contacted the USCIS and asked that question. What I got was "as long as she is here legally it can be adjusted.....just can't guarantee that you won't run into problems"

- Lawyer recommended me into doing this :"get her here legally and file the I-130 and I-485 at the same time"

-Romanian embassy told my wife right on the phone: "you do not qualify at all for it, because you are married". When I called them myself, they said "she is allowed to get it, as long as she can show she will come back to Romania, and because she is married to me it will be hard". Also, with the way they explained it to me, the process of adjusting the B1/B2 visa.......is downright illegal. I just want to get a clear answer on this. I do want to bring her here fast, if possible and legal. My initial plan was to bring her here on that visa and adjust, while doing the rest of her permanent residency stuff. I believed it would not only keep us together, but it would be more convenient, since she would be here in person.

On to the immigrant visas. So from my understanding, there is the K3 and CR1 process. K3, I've read and got told by my the lawyer, can help with reducing the waiting time of being separated. From researching online and talking with the lawyer, as well as the USCIS, this seems like a common route for couples in my situation.

Now, from MORE researching online and talking with the embassy in Romania..........it doesn't exist anymore o_0. "There is no such visa, to have your wife wait with you in the states while getting the other papers done"- US embassy in Romania.

I understand what needs to be done first in starting the permanent residency stuff, and the waiting periods. I would say I understand the process good enough to do it on my own. I just need clarity on what I can do in bringing my wife over. We are prepared to handle the waiting time, it is stressing me out and I have my even more stressful job to look forward to, but I know we can make it through the waiting time.

I hope I didn't lose you guys through my random story telling. Just need to know the pros and cons of each. Which is the best route:

-CR1?

-K3?

-B1/B2 Visa?

I plan on asking to get stationed back in Europe in about 2 years. Will I able to finish this ordeal before then?

Thanks in advance. I currently have 2 other friends who were stationed with me in Italy and now here in the states with me. Both also with European girls . This will also help them in certain areas.

Thanks again

[pieroot 43]

CR1 since you guys got married already.

[Xanax 349]

No, coming on a B visa with the intent to marry is not legal.

Your wife is very, very unlikely to get a B visa anyway as she will be hard pressed to prove she is going back to Romania for good,with a husband in the US etc.... Hard to prove something that is not true anyway, right?. If by chance she got a B visa and got to the states, as soon as border patrol asked her, her reason for coming to the states and she says "to live with my husband" she will be sent back to Romania and not allowed to enter the US.

Let me clear that whole mess up for you, re: your conversations with USCIS, your lawyer and whomever else seems to have led you astray.

- IF you were in the US and married your fiancee she would be eligible to file for adjustment of status IF she entered with no intent of getting married and adjusting and it "just happened". The key is you CANNOT enter with the intent to adjust as that is immigration fraud. The B visa is NOT an immigrant or dual intent visa.

You are looking at a CR-1 visa. It is your ONLY legal option for what you want. The K-3 is obsolete so no longer look at that as the US embassy said.

If your lawyer is advising you bring your spouse here on a B visa and commit visa fraud. Fire them! You do NOT need a lawyer for the CR-1, B or really any visa process. As long as you speak English, can read and follow instructions and have a couple of hours for paperwork.

If you are active military you should be able to have your case expedited. The case will be looked at and approved more quickly, you apply for expedite when you apply for the CR-1.

If you in the guides section above the CR-1 will become clearer.

---

Once your wife enters on a CR-1 visa she will be a legal permanent resident, able to work, study , whatever and she will get a green card.

Your wife will have a 2 year conditional green card. you will file to remove conditions after 2 years.

In regards to you being stationed elsewhere in 2 years, I believe as long as wherever you move is US soil that your wife's LPR status will not be affected and it still counts as if she is actually in the US even if she moved with you. Generally, for non-military, if you reside somewhere else for an extended period of time you can void you green card. Military is different. It will be important to make sure your wife is on your orders when you move though, so remember that!

"Spouse or Child of a Member of the U.S. Armed Forces or Civilian Employee of the U.S. Government Stationed Abroad - If you are the spouse or child of a member of the U.S. Armed Forces or of a civilian employee of the U.S. Government stationed abroad on official orders, you may use your Permanent Resident Card, Form I-551, to enter the U.S. even if it has expired. Therefore, you would not need a Returning Resident (SB-1) immigrant visa, as long as you:Have not abandoned your LPR status; and Your spouse or parent is returning to the U.S."

Edited September 6, 2012 by Xanax

[Xanax 349]

Oh , just to clarify. You do not have to live on base, as long as she is on your PCS.

[jet6619 0]

I can not thank you enough for this. Like I said, I want to bring my wife over legally and fast, but safely as well. I've posted on several forums and done research elsewhere. The answers have always been on both sides. But I am choosing the CR1 way, and isn't it cheaper? As for getting my stuff expedited. I believe that is only for the ones who will soon be deploying. I will look it up again, but I'm sure it's that.

[Xanax 349]

I can not thank you enough for this. Like I said, I want to bring my wife over legally and fast, but safely as well. I've posted on several forums and done research elsewhere. The answers have always been on both sides. But I am choosing the CR1 way, and isn't it cheaper? As for getting my stuff expedited. I believe that is only for the ones who will soon be deploying. I will look it up again, but I'm sure it's that.

No, any active military I believe can get an expedite.

CR-1 is cheaper than what?

Even if you could try the B visa route, she would be denied either at interview or at the border so it's not even worth your time to consider it.

[jet6619 0]

Cheaper then having her come on a visa and filing while she is here. Talking to the wife now, we are doing the CR1. I will start gathering stuff to file the petition and the I-129f. Thanks again for the input. I hope that is the case for being in the military. I will have to look it up.

[Xanax 349]

Cheaper then having her come on a visa and filing while she is here. Talking to the wife now, we are doing the CR1. I will start gathering stuff to file the petition and the I-129f. Thanks again for the input. I hope that is the case for being in the military. I will have to look it up.

It's not the I-129F. That is for a fiancee visa.

And it terms of cost it may possibly be a few hundred $$ but should she would not / should not be allowed in on a tourist visa to adjust status, so you would have wasted flight cost if she got a visa and the visa application if she didn't.

This is the guide for the CR-1 visa http://www.visajourney.com/content/i130guide1

Edited September 6, 2012 by Xanax

[jet6619 0]

Hello again. Looks like a need a little bit more help on the paperwork. Need some specifics on what to turn in. For the bonified marriage part, can I turn in a regular bank statement? It is a joint account. Shows the account info and has my wife's and I names on it. It of course also shows my address. Also, my bank was able to put her under my renters insurance. What I have from them is a page with a small paragraph describing the policy and it has both our names as well. Will that also count?

The G-325A bio form.

For me- Can I put my military addresses (apo,fpo) on the history part. In some bases, our living quarters didn't have physical addresses. And on the bases in which I lived off base, do I list my physical address, or my apo (which i received all my mail in)?

For her- (Address history part) One of her addresses is too long to put in one line. Can I continue writing it on the line below it or will I have to add a blank sheet with the full address and have it referenced?

Lastly- On the bottom, where it says "this form is submitted in connection with and application for;" Do I check other and write "i-130"?

Paperwork in Romania is usually given with multiple translations. My marriage certificate is both in Romanian and English, same paper. Do I still need to get that translated? Same goes for her birth certificate.

Annnnd last one. On the I-130 it asks last address we both stayed together in. It was in Italy, and she stayed with me for about 4-5 months. There is no record I can show that she stayed with me. In the EU, they can stay in another country with out papers as long as they don't decide to work. She's never had to use her ID or passport for anything other then the flight into and out of Italy. Do I still put that address? and does it also have to reflect on the G-325?. Will this end up requiring her to get a police certificate from Italy in the future? Again, she really has no record there.

Thanks again in advance for the help on this. I've called the USCIS with this questions, and they can't give me a straight answer. They simply read prepared speeches. They keep telling me that they never heard of the CR1 process either....(one said it "doesnt event exist, might want to look online before you file paperwork" o_0

[kptaylor 5]

Seriously, read the guide linked above. They all have very good ideas on how to show a bona fide relationship - pictures, bank statements, insurance, renters, phone bills, boarding passes and trip itineraries, etc. You can also use statements from friends and families if you need to go to that level. You won't need to pay a lawyer if you take your time gathering the documents yourselves and having your wife prepared for the interviews.

No translations are needed if your documents are in English and Romanian.

Check out the military immigration part of the forum regarding some of your other questions:

http://www.visajourney.com/forums/forum/152-military-immigration-related-discussion/

Good luck!

[jet6619 0]

I really can not thanks you guys enough for the help on this. I made the package and mailed it in today. It should be in the Phoenix USCIS sometime today. I'm stationed in Arizona. I followed the guide to the t. I'm fairly confident that I filled out the paperwork correctly. However, until my petition gets approved I will not feel any less stressed. At least the process has somewhat started though. Thanks again, this website is great. I'm the first from my group of friends in similar situations to have started anything at all. If everything goes well, I at the very least, can point them in the right direction...

[kptaylor 5]

Funny, we're in Phoenix, too. The interview here was basic and not too stressful at all. We brought pictures and our copy of the original package, along with original birth certificates, etc. The officer was nice and not too intrusive with their questioning, and no trick questions. Having the pictures and package helped a lot. They commented that our application was very thorough which helped make it smoother. The VJ guides and advice here made it a really easy process. Just long!