Argentina-LA; K-1, CR-1 or get married in the US

[Cwood81 0]

Hello, I’m new here and I thank you in advance for any help you may provide. I’ve found a lot of good information here. I recognize some of my questions might be answered by searching the site. I have read a lot here but maybe I am not properly processing it as I’m very stressed (I assume we all are here!)

I am a US citizen and currently live in Buenos Aires, Argentina. I have lived here for 8 years, however I don’t possess proper residency here in Argentina. My girlfriend and I have been together for over 2 and a half years. I start graduate school in Los Angeles in the middle of September. After I was accepted, we thought she could easily transfer through her job at a large international corporation and they would handle all of the immigration hassles. Those avenues appear to have dried up. We are now investigating getting married.

The way I understand, we have 3 options: apply for a K1 Fiance visa, get married here (there is a waiting time of about 2 weeks) and apply for a CR-1 spousal visa, or get married in the US while my girlfriend is on a tourist visa (she has already been to the US with me before and has all the necessary visas/EU passport to enter) and start the immigration process from there.

I’ve read the comparison chart. We have several issues we would like to wade through.

1. Time: I have to leave for Los Angeles in less than two months. How can we begin these processes so we are apart as little as possible?

2. Do I have to be in the US with her waiting in Argentina to file either the I-129 (k-1) or I-130 (Cr-1) forms and begin either process?

3. It is important that she isn’t without work for very long as I will be a full-time student and not making much money. If she enters on a K-1 visa and we get married immediately, how long does it take for the EAD to become valid so she can work? How much of a gap is there between getting the EAD and obtaining Legal Permanent Residence status for purposes of work?

4. Where can I obtain information about getting married in the US while she is on a tourist visa? Would she have to leave the US and/or return to Argentine in order to immigrate? How long would she be unable to work under this circumstance?

I have another issue too. I realize I’m a screw up for this but I haven’t filed taxes in about 4 years. I know it is awful. I was planning on sorting this all out when I moved but I didn’t anticipate that we were going to get married. I haven’t made much money in this period and have mostly been living off my savings. How much can this hurt us?

I have no way of showing past results, but working in the summer when school is out and part time work while in school should be more than enough to get over the $18k-$20k poverty standard that I've read here.

Are there any other obstacles that I may be missing?

[Hypnos 6,576]

1) You can begin the I-129F by filing it now, or begin the CR-1 by marrying and then filing the I-130 immediately.

2) No.

3) It will take approximately 90 days to obtain the EAD after you have filed for her adjustment of status. From filing AoS it will take ~6 - 12 months to obtain her green card, depending on whether she is called to an interview or not.

4) Entering the US on a nonimmigrant visa with the preconceived intent to remain and immigrate would be visa fraud, so Don't Do That (your third option). Applying for a K-1 or marrying and applying for a CR-1 are your choices.

You would need to file your back taxes before your fiancée / wife would be able to obtain a visa.

Edited July 24, 2014 by Hypnos

[Cwood81 0]

First of all, Thank you very much!

whoa.... visa fraud!!!! Sounds serious! I didn't know that!

As I said, I've been living off my savings for a while. I haven't made much at all and for some years it is under $18k. How does this affect us?

Do I need to have my taxes in order before we file a I-129 or I-130? Can we file those documents and then I start the process of wading through my taxes? What part during the process do I need to submit tax information?

Thank you again.

[Mollie09 1,543]

First of all, Thank you very much!

whoa.... visa fraud!!!! Sounds serious! I didn't know that!

As I said, I've been living off my savings for a while. I haven't made much at all and for some years it is under $18k. How does this affect us?

Do I need to have my taxes in order before we file a I-129 or I-130? Can we file those documents and then I start the process of wading through my taxes? What part during the process do I need to submit tax information?

Thank you again.

Have you been filing taxes while living abroad?

[Hypnos 6,576]

You can file the I-129F or I-130 now, but you will need to file your back taxes before you could file an affidavit of support (I-134 or I-864) for your wife, without which she wouldn't be able to obtain a visa. Those won't be in play for at least six months though, so you have time to file back taxes now.

As a US citizen, you are obligated by law to file federal income taxes wherever you live and work in the world.

Edited July 24, 2014 by Hypnos

[Cwood81 0]

I know I am obligated to file taxes while abroad. When I was making money for the first few years, I filed. Lately after just living off savings, I haven't. I believe I am 4 years behind. I know this is incredibly stupid. I just didn't. I'm a derelict. My girlfriend has helped put an end to that behavior and I am now starting graduate school. If you have any pointers for handling the back taxes situation other than to just get them done, I'd love to her them! Hope I don't end up in jail or blow our opportunity to move to the US.

If she enters on a K-1 visa, when applying for an EAD and an AOS simultaneously, a copy of the marriage license will do, correct? I am asking this because I called the LA county clerk's office today and they mentioned something about the marriage certificate needing 2 months before it is "properly registered" at their office in Norfolk. I am concerned that we will have to wait an additional 2 months before using the certificate for her immigration papers. I may have misunderstood all of this. Does you or anyone else have any insight to this?

BTW, thank you again!

[Cwood81 0]

I know I am obligated to file taxes while abroad. When I was making money for the first few years, I filed. Lately after just living off savings, I haven't. I believe I am 4 years behind. I know this is incredibly stupid. I just didn't. I'm a derelict. My girlfriend has helped put an end to that behavior and I am now starting graduate school. If you have any pointers for handling the back taxes situation other than to just get them done, I'd love to her them! Hope I don't end up in jail or blow our opportunity to move to the US.

If she enters on a K-1 visa, when applying for an EAD and an AOS simultaneously, a copy of the marriage license will do, correct? I am asking this because I called the LA county clerk's office today and they mentioned something about the marriage certificate needing 2 months before it is "properly registered" at their office in Norfolk. I am concerned that we will have to wait an additional 2 months before using the certificate for her immigration papers. I may have misunderstood all of this. Does you or anyone else have any insight to this?

BTW, thank you again!

[NikLR 13,227]

You realize that if you don't have any income you likely do not need to file taxes?

No you need the marriage certificate. Can you get married in another county that doesn't take 2 months?

[Cwood81 0]

You realize that if you don't have any income you likely do not need to file taxes?

No you need the marriage certificate. Can you get married in another county that doesn't take 2 months?

Thank you

I thought you needed to file anyway.

I'm sure we could get married in another county. I think we would have the certificate/license on the day of the wedding and could make a copy if we get married in LA. It just wouldn't be "on the books" there apparently for 2 months. I don't know if that is important.

[NikLR 13,227]

If you have no income then no. The income requirements to file are the same wherever you live.

[kehills 217]

Thank you

I thought you needed to file anyway.

I'm sure we could get married in another county. I think we would have the certificate/license on the day of the wedding and could make a copy if we get married in LA. It just wouldn't be "on the books" there apparently for 2 months. I don't know if that is important.

Depends what they mean. If they mean it takes that long for a certified copy, then yes, it might be an issue.

Any which way, you guys are looking at being apart for a while. (I'd guess 5+ months at a minimum, but who knows with the issues USCIS is having at the moment.) And given your financial situation and that you cannot prove you can support her right now, you're probably going to need a co-sponsor. (You have no current job in the US, no proof of income for now, and no proof of income for the last few years. I don't really see how you can get around the needing a co-sponsor thing.)

[Cwood81 0]

Depends what they mean. If they mean it takes that long for a certified copy, then yes, it might be an issue.

Any which way, you guys are looking at being apart for a while. (I'd guess 5+ months at a minimum, but who knows with the issues USCIS is having at the moment.) And given your financial situation and that you cannot prove you can support her right now, you're probably going to need a co-sponsor. (You have no current job in the US, no proof of income for now, and no proof of income for the last few years. I don't really see how you can get around the needing a co-sponsor thing.)

Thank you for pointing this out. What is required of a co-sponsor?

What kind of burdens will a co-sponsor have?

[mlh 93]

Another thing to consider as you're going to be a student with little to no income is that if you file for a K-1 and then AOS after you get married, meaning you wife won't be able to work for that initial period, either, that costs quite a bit more (I believe) than the CR-1. For the K-1 you have to pay all of the filing fees, and then when you AOS you have more fees to pay at that time, too.

As much as it sucks, my husband and I chose to go the CR-1 route because while it does mean we are apart now, he can continue to work in England while we're waiting for the process since he's not the type that would have been able to handle sitting around for 3-5 months doing nothing, waiting on an EAD if we had gone the K-1 route.

[kehills 217]

Thank you for pointing this out. What is required of a co-sponsor?

What kind of burdens will a co-sponsor have?

Sorry, someone else will have to answer that; I don't have experience there myself. (You can also read the FAQs at the top of the page.)

[Dohan 133]

Thank you for pointing this out. What is required of a co-sponsor?

What kind of burdens will a co-sponsor have?

If you want to be together sooner rather than later I suggest you go the K1 route because if you're in LA you will be processed through the CSC which takes less than 6 months.

As far as your taxes go they ask for the past 3 years of taxes. If you fall under the required income which currently is something like $19,500 (folks please correct me if I'm wrong on the number) you do need a co-sponsor.

A co-sponsor can be anyone, they do not have to be related to your or your girlfriend. However they need to be made aware that if they are going to co-sponsor it's not just signing a piece of paper but officially stating that in case your girlfriend needs financial support they are willing to take it on. The co-sponsor would also have to sign and submit an I-134 (this happens after the NOA2) together with 3 most recent years of income tax or they can submit 2 years of income tax and most recent pay stubs.