Marriage and Green Card

[oliviapope 0]

Guys two questions:

1) What's the best thing to do so that my partner can immigrate to the USA with me? Getting married before the interview or after?

2) If we don't get married now because he can immigrate only at a later time, for example at the beginning of 2016, which VISA options will be open to him, provided that I will be given the green card?

Thank you in advance!

[nitsirk7562 82]

I'm not sure I understand your question. What interview are you referring to?

Are you engaged? K1 or CR-IR visas are your choices for bringing your fiancé/spouse into the US. Guides for each are available for each option on this site.

Some background info/clarification would help others answer your question.

[LionessDeon 2,060]

It's difficult for someone else to tell you what is best for you and your loved one. When we first started we did alot of research, discussed our options, and then decided between us what was best for our situation.

You can begin by reading the guides:

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

If you type "K1 vs CR1" in the search box you will see all kinds of threads discussing these options also.

Best of Luck!

Edited November 25, 2014 by LionessDeon

[icv21 110]

The K-1 visa is the fiancé visa you ask for your fiancé and usually takes around 6 months and has an expiration of 6 months ( has to enter the country ) so your partner can come here, get married and she/her needs to stay!! Can't leave. Will stay for a few months not able to work etc until the green card is approved.

If you go to the foreign country and get married you have to ask for CR-IR visa, and this one takes around 1 year and when the person comes to the states already has the green card so can work, drive... Everything normal.

People usually do k-1 because is faster. But since you don't want it until 2016 you can do whatever is easier for you, depending when you want the weeding and if it's ok to not work for a few months....

[kzielu 1,149]

Some not very meaningful answers above. Give which subforum this has been posten in, OP is getting GC through DV lottery, there is no K-1 or CR-1 available for spouses of LPRs.

OP - if you want your partner to immigrate with you, definitely get married before interview. If you do it after, there will be ~2 years wait as he / she will be in F2A category.

[LionessDeon 2,060]

Some not very meaningful answers above. Give which subforum this has been posten in, OP is getting GC through DV lottery, there is no K-1 or CR-1 available for spouses of LPRs.

OP - if you want your partner to immigrate with you, definitely get married before interview. If you do it after, there will be ~2 years wait as he / she will be in F2A category.

The OP timeline is not filled out nor is there any information of that listed on their profile page. I saw this posting on the home page of the VJ site. None of that information shows. (subforum) The guides do give some information regarding all types of immigration options.

Edited November 25, 2014 by LionessDeon

[SusieQQQ 11,586]

Guys two questions:

1) What's the best thing to do so that my partner can immigrate to the USA with me? Getting married before the interview or after?

2) If we don't get married now because he can immigrate only at a later time, for example at the beginning of 2016, which VISA options will be open to him, provided that I will be given the green card?

Thank you in advance!

Assuming you are a DV winner as you are in this forum and talking about the interview so most of the answers above are irrelevant. Get married before, and update your DS260 to add your spouse as well as submit one for him; also email KCC a copy of the marriage certificate (remember to include your case number on the email). This way he will get a DV derivative visa. The CO will want to see proof of a genuine relationship so make sure to bring it.

If you don't get married before, then you will have to petition for him as spouse once you get a green card. Longer and more onerous process. If he can oniy immigrate properly at the beginning of 2016, I'd say get him the DV visa, let him enter on that before it expires to activate his green card; he then has a year from that date to make the move permanent. Cost of an extra airfare but easier and possibly even cheaper in the long run to do it that way.

[oliviapope 0]

Assuming you are a DV winner as you are in this forum and talking about the interview so most of the answers above are irrelevant. Get married before, and update your DS260 to add your spouse as well as submit one for him; also email KCC a copy of the marriage certificate (remember to include your case number on the email). This way he will get a DV derivative visa. The CO will want to see proof of a genuine relationship so make sure to bring it.

If you don't get married before, then you will have to petition for him as spouse once you get a green card. Longer and more onerous process. If he can oniy immigrate properly at the beginning of 2016, I'd say get him the DV visa, let him enter on that before it expires to activate his green card; he then has a year from that date to make the move permanent. Cost of an extra airfare but easier and possibly even cheaper in the long run to do it that way.

Yes, I am a DV winner and thanks everybody for your help

So, if I don't get married before the interview and decide to petition for him as spouse, what is the procedure to follow?

Will he be given another Visa in the meanwhile that his green card is being prepared?

If not getting married now means seeing him for a couple of months for 2 years since when I will be given the green card, then I would prefer to get married now.

But as my interview will likely be in April, I am afraid that getting married now could cause a delay or a rejection of my/our green card/s.

[SusieQQQ 11,586]

Yes, I am a DV winner and thanks everybody for your help

So, if I don't get married before the interview and decide to petition for him as spouse, what is the procedure to follow?

Will he be given another Visa in the meanwhile that his green card is being prepared?

If not getting married now means seeing him for a couple of months for 2 years since when I will be given the green card, then I would prefer to get married now.

But as my interview will likely be in April, I am afraid that getting married now could cause a delay or a rejection of my/our green card/s.

As long as your relationship is genuine, which it clearly is and you will have plenty of evidence photos etc to show that, you will not have a problem with getting the green cards. (Technically you oniy get your immigrant visa at the consulate and your green cards when you land in the US by the way)

You may want to pop over to some of the forums mentioned above on K1 or CR1 visas to see what you will have to go through if you get your green card alone and then have to petiiton for him afterwards. It is quite likely that you will not be able to see him unless you go visit him, plus all the other delays and hassles with the process. You have been given the easiest path by far to getting a green card - my advice would be to use it properly.

[kzielu 1,149]

Yes, I am a DV winner and thanks everybody for your help

So, if I don't get married before the interview and decide to petition for him as spouse, what is the procedure to follow?

Will he be given another Visa in the meanwhile that his green card is being prepared?

First you will have to get married - assuming you are married and already moved to US (which makes you US resident), you will file I-130 petition for spouse - after 1.5 - 2 years wait (he will be in F2A category), he will go through interview at the Embassy. In the meantime (close to the interview) you will have to provide affidavit of support and prove income exceeding 125% of US poverty limits.

That's just a short overview, there's way more details to the process. Whether he can get a visa - no one can answer that. With petition pending, he may be able to but also may be refused one.

[oliviapope 0]

As long as your relationship is genuine, which it clearly is and you will have plenty of evidence photos etc to show that, you will not have a problem with getting the green cards. (Technically you oniy get your immigrant visa at the consulate and your green cards when you land in the US by the way)

You may want to pop over to some of the forums mentioned above on K1 or CR1 visas to see what you will have to go through if you get your green card alone and then have to petiiton for him afterwards. It is quite likely that you will not be able to see him unless you go visit him, plus all the other delays and hassles with the process. You have been given the easiest path by far to getting a green card - my advice would be to use it properly.

We have friends and photos that can witness we are being together for 10 years but we never happened to live together. Would this be a problem?

Assuming that I get married at the beginning of January 2015 and update my DS-260 by the end of January 2015, how much delay may I experience in the processing of our green cards? A couple months or up to even 1 year?

My case number is 22XXX and my interview would have been around April/May.

[SusieQQQ 11,586]

We have friends and photos that can witness we are being together for 10 years but we never happened to live together. Would this be a problem?

Assuming that I get married at the beginning of January 2015 and update my DS-260 by the end of January 2015, how much delay may I experience in the processing of our green cards? A couple months or up to even 1 year?

My case number is 22XXX and my interview would have been around April/May.

10 years worth of photos is good

As you have already submitted a DS I doubt there would be much delay at all. Incidentally a year's delay would take you out of the running, but you won't have to worry about that. I would still advise that you submit the updated DS as soon as you can, what would be the reason for waiting nearly a month to do so?

[oliviapope 0]

10 years worth of photos is good

As you have already submitted a DS I doubt there would be much delay at all. Incidentally a year's delay would take you out of the running, but you won't have to worry about that. I would still advise that you submit the updated DS as soon as you can, what would be the reason for waiting nearly a month to do so?

The reason of waiting is unfortunately due to bureacracy: in Italy you can't get married the same day you decide to do it, because you have to submit documents and you have to be given a permission by the city hall. It takes a month only to be given this permission.

Then you have to pick a day available in which the mayor of the city can marry the couple.

That's why I was thinking about the possibility of getting married and updating the form not before January 2015.

Plus I was wondering if it could be a problem the fact that my partner and I can't live together after the marriage, as he is in another country to finish his PhD project.

How can I be sure that I won't experience any delay in the processing of my case after getting married and updating the DS?

I wrote to the Consulate today, but I would like to know your opinions.

[adalb 2]

...

As you have already submitted a DS I doubt there would be much delay at all.

...

Hi SusieQQQ,

Slightly off-thread (sorry), do you mean that what counts is the date of first submission of DS260 even if I unlocked it later?

Thanks,

Adalb

[SusieQQQ 11,586]

Hi SusieQQQ,

Slightly off-thread (sorry), do you mean that what counts is the date of first submission of DS260 even if I unlocked it later?

Thanks,

Adalb

There is a memo by USCIS in which they state that unlocking the DS does not affect the interview date. Some people think that there are instances in which it does though. So I can't guarantee it.... (As britsimon says, if you want a guarantee, buy a washing machine...)

Olivia, I doubt the consulate can tell you anything much about your questions, you need to contact KCC. The consulate does nothing in the process until KCC sends them the processed file.