New to the subject and looking for your help

[Ragazza 0]

Hello everyone!

I would really appreciate if somebody could advise me on my situation and on best decision to make.

Short background:

I was a graduate student in the US with government sponsorship and therefore, J-1 two-year home residency requirement. I met my guy here and we developed relationship. After making research, we decided that the easiest way is to fulfill 2 year obligation, and I am going to return to my home country soon. We would like to file for some sort of immigrant visa in future, we are considering both: fiancé visa (K-1) or spouse visa (IR-1 / CR-1). Note: my guy is a natural-born US citizen.

And here come my questions:

1) As I understood from reading forum so far, if the time is not of the essence, it is better to file for spouse visa (which can take up to one year or so)? My major question is: can we file all the papers and start the process before ending of 2 years, so that this 6-12 months waiting period would fall within the two years? I understand that I will not be technically issued an immigrant visa or even might not be called for an interview before fulfillment of 2 years, but can the rest of the long process take time during this 2 year period?

2) Are there any certain requirements for IR-1 / CR-1 for the location of civil marriage or its certification in US consulate in a foreign country? For example, does it matter where we get married before filing for this type of visa (in the US, in my home country, in a third country)? And if we get married outside the US, will we need to certify the marriage document with the US consulate?

3) Are there any particular requirements to the frequency of meetings? We intend to meet every other month for at least one week.

4) We are considering that my guy will move to my home country for the period of half a year or even a year, but it is uncertain now due to some external circumstances. If he eventually moves, will it influence somehow the process of filing for spouse or fiancé visa? I understand that we might have "a privilege" of direct consular filing, but if we opt-out and simply decide not to use it, can we use regular K-1 or IR-1/CR-1 visa process?

5) I do have a valid long-term US tourist visa (B1/B2) which covers the whole 2-year period. If we file for any type of immigrant visa, will there be any problems for me to use my tourist visa (in terms of border control etc.)?

I apologize for so many questions but I am new to this subject and would really appreciate any advice you can give me

Thank you and have a great day!

[Ian H. 207]

Hello, sei italiana? The waiver for the J visa I think is hard to get because you have to prove extreme difficulty or hardship and being separated isn't enough. You should be able to have the process going by submitting the petition and then not apply for your visa until after the 2 year requirement is up, that way you can retain your priority date. I would consult an immigration lawyer on that to make sure though. Also if you are already currently in the US under the J visa you can get married, but don't do an adjustment of status because you can land in some hot water. Also don't use your tourist visa to come here and then get married because they will think you committed fraud. The best course of action would be to apply for a CR1 visa after getting married. You can get married where ever you wan really as long as the marriage was valid where it took place. You don't need it certified by a US consulate if the country is part of the Hague Convention you would just need an apostille. If you do get married in the US, don't file for AOS because it could complicate your case and you may be accused of fraud. It's always best in this kind of situation to do the process outside the US. As for the travel, having a pending immigrant petition could cause you to be denied entry by Customs and Border Enforcement. Under no circumstances should you lie and tell them you came to visit and then get married a couple of days later. I know the process can be burdensome and lengthy, but it pays to wait in the end.

[NikLR 13,232]

Hello everyone!

I would really appreciate if somebody could advise me on my situation and on best decision to make.

Short background:

I was a graduate student in the US with government sponsorship and therefore, J-1 two-year home residency requirement. I met my guy here and we developed relationship. After making research, we decided that the easiest way is to fulfill 2 year obligation, and I am going to return to my home country soon. We would like to file for some sort of immigrant visa in future, we are considering both: fiancé visa (K-1) or spouse visa (IR-1 / CR-1). Note: my guy is a natural-born US citizen.

And here come my questions:

1) As I understood from reading forum so far, if the time is not of the essence, it is better to file for spouse visa (which can take up to one year or so)? My major question is: can we file all the papers and start the process before ending of 2 years, so that this 6-12 months waiting period would fall within the two years? I understand that I will not be technically issued an immigrant visa or even might not be called for an interview before fulfillment of 2 years, but can the rest of the long process take time during this 2 year period?

2) Are there any certain requirements for IR-1 / CR-1 for the location of civil marriage or its certification in US consulate in a foreign country? For example, does it matter where we get married before filing for this type of visa (in the US, in my home country, in a third country)? And if we get married outside the US, will we need to certify the marriage document with the US consulate?

3) Are there any particular requirements to the frequency of meetings? We intend to meet every other month for at least one week.

4) We are considering that my guy will move to my home country for the period of half a year or even a year, but it is uncertain now due to some external circumstances. If he eventually moves, will it influence somehow the process of filing for spouse or fiancé visa? I understand that we might have "a privilege" of direct consular filing, but if we opt-out and simply decide not to use it, can we use regular K-1 or IR-1/CR-1 visa process?

5) I do have a valid long-term US tourist visa (B1/B2) which covers the whole 2-year period. If we file for any type of immigrant visa, will there be any problems for me to use my tourist visa (in terms of border control etc.)?

I apologize for so many questions but I am new to this subject and would really appreciate any advice you can give me

Thank you and have a great day!

1) I believe you can start the process before the 2 year rule is up, however, you can't go to the interview or can't move until after it's up. You can certainly drag the CR1 process out because of how the document intake at the NVC works. I would file after marriage, then if you need to spread the time out, you can. It's better than trying to make it go faster (you're more likely to push an elephant up a hill.)

2) no married is married. The only time there is ever an issue is first cousin marriage. You can get married anywhere and you are considered married in the USA.

3) Only for the K1. You had to have met at least once in the past 2 years before the petition is filed. Otherwise no, but time together is good.

4) DCF is only available in select countries for residents of those countries. Some countries require a resident of 6 months and others of a year. It depends on the country. You still need to fulfil the 2 year J1 requirement. You cannot file for K1 via DCF. That is only for spousal visas. You can always opt to send the I-130 to the USA vs using DCF.

5) No idea how the restriction of the J1 2 year rule applies here. I'm not sure if you can visit the USA or not.

[Ragazza 0]

1) I believe you can start the process before the 2 year rule is up, however, you can't go to the interview or can't move until after it's up. You can certainly drag the CR1 process out because of how the document intake at the NVC works. I would file after marriage, then if you need to spread the time out, you can. It's better than trying to make it go faster (you're more likely to push an elephant up a hill.)

2) no married is married. The only time there is ever an issue is first cousin marriage. You can get married anywhere and you are considered married in the USA.

3) Only for the K1. You had to have met at least once in the past 2 years before the petition is filed. Otherwise no, but time together is good.

4) DCF is only available in select countries for residents of those countries. Some countries require a resident of 6 months and others of a year. It depends on the country. You still need to fulfil the 2 year J1 requirement. You cannot file for K1 via DCF. That is only for spousal visas. You can always opt to send the I-130 to the USA vs using DCF.

5) No idea how the restriction of the J1 2 year rule applies here. I'm not sure if you can visit the USA or not.

Thank you very much for your response! You confirmed my thoughts, and I am glad that I have rather clear understanding of the subject up to now

[Ragazza 0]

Hello, sei italiana? The waiver for the J visa I think is hard to get because you have to prove extreme difficulty or hardship and being separated isn't enough. You should be able to have the process going by submitting the petition and then not apply for your visa until after the 2 year requirement is up, that way you can retain your priority date. I would consult an immigration lawyer on that to make sure though. Also if you are already currently in the US under the J visa you can get married, but don't do an adjustment of status because you can land in some hot water. Also don't use your tourist visa to come here and then get married because they will think you committed fraud. The best course of action would be to apply for a CR1 visa after getting married. You can get married where ever you wan really as long as the marriage was valid where it took place. You don't need it certified by a US consulate if the country is part of the Hague Convention you would just need an apostille. If you do get married in the US, don't file for AOS because it could complicate your case and you may be accused of fraud. It's always best in this kind of situation to do the process outside the US. As for the travel, having a pending immigrant petition could cause you to be denied entry by Customs and Border Enforcement. Under no circumstances should you lie and tell them you came to visit and then get married a couple of days later. I know the process can be burdensome and lengthy, but it pays to wait in the end.

Ciao! I am not Italian but I spent a good amount of time in Italy for my undergraduate education

Anyway, back to the point! Thank you very much for your response! You correctly summarized all my thoughts on this issue. First, I know that J-1 waiver is almost impossible to obtain and even if we try, it will take a good amount of time and money for filing fees and especially attorney fees. So that is why as I wrote, we decided that it is best to fulfill the requirement and spend two years home

Second, yes, I do understand that changing the status inside the country or doing some other fishy movements is not the best idea. And since we need to wait 2 years anyway, we will follow all the rules (of course it is not the only reason, we would follow the rules in any case)

Third, border control is my biggest issue now :/ Not because I want to spend long time in the US on my tourist visa, but since I spent enough time in graduate school here, I do have many friends and connections, who I would like to be able to visit. Anyway, I will make further investigation on this issue.

Thank you once again and have a great day!

[Ryan H 3,830]

1) I believe you can start the process before the 2 year rule is up, however, you can't go to the interview or can't move until after it's up. You can certainly drag the CR1 process out because of how the document intake at the NVC works. I would file after marriage, then if you need to spread the time out, you can. It's better than trying to make it go faster (you're more likely to push an elephant up a hill.)

Just a slight correction, anyone subjected to the 2 year rule can attend the interview, however, the visa will not be issued until the date the 2 year period is up passes.

[Ragazza 0]

Just a slight correction, anyone subjected to the 2 year rule can attend the interview, however, the visa will not be issued until the date the 2 year period is up passes.

Thank you for clarification!

[Ian H. 207]

Lol I assumed you were because your profile name is ragazza. ok. Well if that's the case then you can come here as a tourist to visit friends. You can get married here if you want. What they don't like is when you come here as a tourist, get married and then adjust status. So simply getting married here wouldn't cause you any problems as long as you file the paperwork after you leave and apply for the visa abroad. Also the 2 year waiting period will actually help you out in the end because this way you can get married now and by the time the 2 year period is over you can enter the US after your 2nd wedding anniversary and you won't be subject to the removal of conditions because you will automatically be issued a 10 year green card.

Ciao! I am not Italian but I spent a good amount of time in Italy for my undergraduate education

Anyway, back to the point! Thank you very much for your response! You correctly summarized all my thoughts on this issue. First, I know that J-1 waiver is almost impossible to obtain and even if we try, it will take a good amount of time and money for filing fees and especially attorney fees. So that is why as I wrote, we decided that it is best to fulfill the requirement and spend two years home

Second, yes, I do understand that changing the status inside the country or doing some other fishy movements is not the best idea. And since we need to wait 2 years anyway, we will follow all the rules (of course it is not the only reason, we would follow the rules in any case)

Third, border control is my biggest issue now :/ Not because I want to spend long time in the US on my tourist visa, but since I spent enough time in graduate school here, I do have many friends and connections, who I would like to be able to visit. Anyway, I will make further investigation on this issue.

Thank you once again and have a great day!

[NikLR 13,232]

Just a slight correction, anyone subjected to the 2 year rule can attend the interview, however, the visa will not be issued until the date the 2 year period is up passes.

Thanks for correcting. I wasn't sure and was hoping someone would clarify.

[NikLR 13,232]

And yes getting the 10 year green card would be a huge expense relief. Getting married and going the IR1 route would certainly be the cheapest route.

[Ragazza 0]

And yes getting the 10 year green card would be a huge expense relief. Getting married and going the IR1 route would certainly be the cheapest route.

Could you please specify or give an explanation link re what exact benefits does this 10 year green card give? Is it more money wise or are there any other benefits?

And as of what date do they count 2 years of marriage, i.e. do they count 2 years of marriage as of date of visa issuance or as of date of initial petition filing? Thank you in advance!

[Ian H. 207]

The benefits of getting a 10 year card is that you don't have to file form I 751 to remove conditions after 2 years. Meaning that after you get your 10 year card you are done with immigration until you either become a USC or have to renew your card. What happens is that according to immigration law, if you have been married for less than two years when you enter the US with an immigrant CR1 visa, you will be issued a "conditional" 2 year green card. You would in that case, have to apply 90 days before that card expires to remove the conditions on your green card together with your spouse. In some cases it can result in another interview and you also have to submit paperwork regarding your marriage for the past 2 years just to prove that your marriage is legit. This process will end up costing you more money and effort basically. If you enter the US with your visa after being married for 2 years then you will just get a regular 10 year green card with no additional hassles other than what you need for your first interview.

Could you please specify or give an explanation link re what exact benefits does this 10 year green card give? Is it more money wise or are there any other benefits?

And as of what date do they count 2 years of marriage, i.e. do they count 2 years of marriage as of date of visa issuance or as of date of initial petition filing? Thank you in advance!

[Ragazza 0]

The benefits of getting a 10 year card is that you don't have to file form I 751 to remove conditions after 2 years. Meaning that after you get your 10 year card you are done with immigration until you either become a USC or have to renew your card. What happens is that according to immigration law, if you have been married for less than two years when you enter the US with an immigrant CR1 visa, you will be issued a "conditional" 2 year green card. You would in that case, have to apply 90 days before that card expires to remove the conditions on your green card together with your spouse. In some cases it can result in another interview and you also have to submit paperwork regarding your marriage for the past 2 years just to prove that your marriage is legit. This process will end up costing you more money and effort basically. If you enter the US with your visa after being married for 2 years then you will just get a regular 10 year green card with no additional hassles other than what you need for your first interview.

Thank you very much for your explanation! It is something to consider!

[Ryan H 3,830]

***Post injecting drama from another thread removed and returned below minus the content that is not relevant to this thread.***

You're very welcome!