I want to bring my foreign bride to the U.S. but only for 2 years because of retirement and return to her county

[dwheels76 5,468]

Reviewing information on the embassy's website what do they recommend the I-130 and then upon receiving it I can file an I-129, although they both are estimated as 5 months and they advise that on the 129 to check off spouse instead of the other option of Fiamce. I am assuming that by checking off the spouse on the 129 that that application is for a k3, isn't it?

Just an FYI its a I-129F. You surely do not want to file a I-129. And forget the K3 as you been told it will not happen because USCIS will marry up the I-130 with the I-129F approve together and well that nullifies the I-129F because there's an approved I-129F. CR1 is your path.

[elgringo954 7]

Hummm, ok then yes it does sound like a K1 will be a better deal and I'll marry stateside. Thanks for your much valued input

[christeen 966]

Also, divorce can be done in the states "in absentia" (depending on your state) should things go sour... Married is married regardless of doing it in the USA or abroad...

[elgringo954 7]

Sorry for my ignorance in this matter but, so what your saying is go with the K-1 and in other words the I-129f? do I forget about the I-130 or since she's coming up as a fiancée I won't need to do the 130 because that's for a family or relative

[christeen 966]

You will file the 129 (not married yet) and she will come to the USA and you will have 90 days to marry... No need for the 130 as this is for bringing your immediate relative, your wife will already be here in the USA so you will just adjust her status from k1 non-immigrant to immediate relative... Hope that clears it up...

[JA_Martinez 81]

K3's arent stand alone visas. You have to be applying for a IR1/CR1. K3's were designed to help get spouses over early while waiting for IR1/CR1 processing...however altho they'll accept the K3 they are not being processed..they're being joined with the IR1/CR1.

[Cathi 5,755]

I understand, but the logic behind marrying in Costa Rica is that of anything goes sour it would be easier to divorce there than have to return to the states and not to mention she doesn't speak English so I'm thinking it would just be more complicated stateside. Thanks for all your help.

kind of strange to be talking about divorce before marriage

[elgringo954 7]

Yes. Thank you

Yes. Thank you

Yes. Thank you

[NikLR 13,227]

kind of strange to be talking about divorce before marriage

Agreed.

You will file the 129 (not married yet) and she will come to the USA and you will have 90 days to marry... No need for the 130 as this is for bringing your immediate relative, your wife will already be here in the USA so you will just adjust her status from k1 non-immigrant to immediate relative... Hope that clears it up...

psst

I-129F

[Jamnan_n_Steve 17]

I am not sure of your financial situation or your fiancee's age, but I urge you to review the qualifications for survivor's benefits under social security. In particular understand the restrictions on a survivor receiving this benefit overseas (unless she receives U.S. citizenship or is maintains U.S. residence for more than five years) for herself when she reaches sixty, or should you have children while they are minors.

I understand that many are skeptical of social security's long term viability, but consideration of this benefit should be part of everyone's long term financial planning. I have made a decision that we will not relocate back to her home in Thailand until my wife receives citizenship so that I can be assured that her survivor benefit is as vested as any U.S. citizens. We could relocate now and live easily on my pension (no survivor benefit), social security, and savings/investments, but as a responsible spouse I need to remain aware that in all likelihood she will have a long life after I am gone (65/43 years old respectively) and I want that life to be comfortable and dignified.

The decisions you make up front have long term implications for your life together and your new family.

Best wishes on the path you chose

steve

[Andy and Pui 16]

After reading the whole thread I am going to suggest something that nobody else has said since you would like to both come back the US after retiring in 2 years for visits.

Get married there file for a cr1 as there is no AOS to do and she would get a green card when entering the US. Wait 2 years and ROC on the green card and then get the 10 year green card. After 3 years of marriage with 3 years with the green card then file for US citizen and then can come and go into the like any US citizen no visas or greencards.

Good luck to you with whatever you choose.

[JRF 117]

I am not sure of your financial situation or your fiancee's age, but I urge you to review the qualifications for survivor's benefits under social security. In particular understand the restrictions on a survivor receiving this benefit overseas (unless she receives U.S. citizenship or is maintains U.S. residence for more than five years) for herself when she reaches sixty, or should you have children while they are minors.

I understand that many are skeptical of social security's long term viability, but consideration of this benefit should be part of everyone's long term financial planning. I have made a decision that we will not relocate back to her home in Thailand until my wife receives citizenship so that I can be assured that her survivor benefit is as vested as any U.S. citizens. We could relocate now and live easily on my pension (no survivor benefit), social security, and savings/investments, but as a responsible spouse I need to remain aware that in all likelihood she will have a long life after I am gone (65/43 years old respectively) and I want that life to be comfortable and dignified.

The decisions you make up front have long term implications for your life together and your new family.

Best wishes on the path you chose

steve

Agreed - OP has a lot of unique estate, tax and cash flow planning issues to consider. IMHO it's smart to think about divorce prior to marriage - especially for someone that is close to retirement. Presumably when people get married it is for life. The statistics (particularly for second and subsequent marriages) suggest otherwise.

[Andy and Pui 16]

Jamnan_n_Steve I guess beat me to the USC part. I agree with what they said there as well.

[NikLR 13,227]

Getting citizenship would be a benefit for his future wife of course.

[KayDeeCee 4,893]

If you want her to be able to travel back and forth to the US with you after you move abroad, then you may want to hold off on moving abroad until she can get US citizenship. At that point, no worries of maintaining permanent residency or risks of whether or not she can get a B2 to travel with you. So, do the K-1 or CR-1, then remain in the US and married for 3 years, she files for naturalization, then you live wherever you like in the world together and will still be able to travel to the US together whenever you like.

~ Moved from K-3 Progress Reports to What Visa Do I Need - OP tossing around different visa paths ~