Weighing different options as my partner will need to travel after we are married

[SabrinaJerome 52]

Hi everyone, we're new here, so please forgive me. I was trying to find answers to our specific question but am a bit confused.

My partner and I currently live in Spain. We met 4 years ago and have been having both a long distance (mixed with trips back and forth) and now live together (formally) for a year and a half.
I am a US citizen here on a 2 year visa and he is here as a permanent resident (originally from Morocco, and should be getting (UE) citizenship here within the next several months).

We plan to move back to the US to be closer to my family.

We are planning to get married, and have some flexibility in choosing how to do so.

A couple of things:

1. I plan to move back in August 2016 to go back to work.

2. But the key for us is that we opened a small business here in Spain and he will probably need to come back and check on things from time to time.

So I guess I am asking, which process would allow him the most flexibility in terms of being able to move freely sooner than later? And what kind of waiting periods would each have?

We could get married in the US (on the spur of the moment kind of thing) when we come for the holidays next month and would then be able to do Direct Consular Filing as I have lived here for more than the required time; or, I could start the "Fiancé Visa" from there...

Would the K-1 fiance process be difficult or impossible since I am here?

Keep in mind that I will be here in Spain from January to probably August 2016.

Thanks so much in advance for your advice!

[Boiler 45,519]

CR1 all the way

[SabrinaJerome 52]

Thanks, Boiler, so you're basing that respons on getting married in the US, correct?

(I forgot to include that it would take a lot to get married here in Spain, since neither of us have our birth certicates yet, everything from both of us would have to be translated, yadda yadda...

To get married in NYC we only need our passports!!)

Oh, and also, my partner has a 10 year tourist visa for the US, in his Moroccan passport.

[Boiler 45,519]

You can get married wherever you like.

[TBoneTX 45,294]

*** Thread moved from Working & Traveling forum to the "What Visa Do I Need" forum. ***

[NikLR 13,227]

USA and Spain aren't your only two options for countries to be married in.

I agree that CR1 is your best option becuase then your partner would have a green caed upon entry. This means they can work and travel right away.

[SabrinaJerome 52]

USA and Spain aren't your only two options for countries to be married in.

I agree that CR1 is your best option becuase then your partner would have a green caed upon entry. This means they can work and travel right away.

Hi, thanks again for your response. I'm in NYC now.

My question about the location for getting married was just based on the idea a lot of people seem to have that it is "dangerous" to get married here on a tourist visa, even if we are going back, got tickets, have our home there in Spain and all of that. I have read a lot about it but it still concerns me a bit to be honest.

And about the CR1 - he would have a conditional green card "substitute", right? And having read some of the guides I think he still has to apply for the EAD and the advanced parole, no?? But it doesn't take long to get it?

I will explain in a bit more detail about the traveling back to Spain bit so I am really clear: we will be having someone else run the small business we have there in Spain, and I will be knee deep in work here in NYC, so ideally we want him to be able to go back during the fall and spend a month or more there in Spain, and be able to do that whenever he wants...

[NikLR 13,227]

Hi, thanks again for your response. I'm in NYC now.

My question about the location for getting married was just based on the idea a lot of people seem to have that it is "dangerous" to get married here on a tourist visa, even if we are going back, got tickets, have our home there in Spain and all of that. I have read a lot about it but it still concerns me a bit to be honest.

And about the CR1 - he would have a conditional green card "substitute", right? And having read some of the guides I think he still has to apply for the EAD and the advanced parole, no?? But it doesn't take long to get it?

I will explain in a bit more detail about the traveling back to Spain bit so I am really clear: we will be having someone else run the small business we have there in Spain, and I will be knee deep in work here in NYC, so ideally we want him to be able to go back during the fall and spend a month or more there in Spain, and be able to do that whenever he wants...

The USA has a huge marriage tourism so no, getting married in the USA on a tourist visa isnt an issue as long as the person has ties to their home country.

A conditional green card is still a green card. The only differences between a CR1 and IR1 is the length of expiry on the card and the need to remove the conditions 90 days before the CR1 expires. Basically the USCIS wants you to prove again that you married in good faith and are acting like a married couple because you were married less than 2 years when entering.

There is zero need for AP or EAD with a CR1. It is a green card with all the rights, privileges, and limitations of all legal permanent residents.

Edited December 11, 2015 by NLR

[SabrinaJerome 52]

The USA has a huge marriage tourism so no, getting married in the USA on a tourist visa isnt an issue as long as the person has ties to their home country.

A conditional green card is still a green card. The only differences between a CR1 and IR1 is the length of expiry on the card and the need to remove the conditions 90 days before the CR1 expires. Basically the USCIS wants you to prove again that you married in good faith and are acting like a married couple because you were married less than 2 years when entering.

There is zero need for AP or EAD with a CR1. It is a green card with all the rights, privileges, and limitations of all legal permanent residents.

Thanks again, so much NLR,

I don't remember what I was reading that lead me to believe that he would need to apply for AP or EAD, but indeed this chart http://www.visajourney.com/content/comparesays the same thing you are saying.

And regarding your sentence above, at what point is getting married on a tourist visa "an issue"? You mean coming into the US with intent to marry?

We have plenty of ties there. Should my partner bring proof of that when he comes for this (marriage) trip? In case they ask??

When he comes in he will say what he always says when they ask the purpose of his trip, which is that he is coming to visit his girlfriend's family for the holidays, and that I left Spain ahead of him because he had to work.

[NikLR 13,227]

I said its NOT normally an issue as you heard it was dangerous.

He should say whatever is the truth.

[Darnell 8,478]

Hi, thanks again for your response. I'm in NYC now.

My question about the location for getting married was just based on the idea a lot of people seem to have that it is "dangerous" to get married here on a tourist visa, even if we are going back, got tickets, have our home there in Spain and all of that. I have read a lot about it but it still concerns me a bit to be honest.

And about the CR1 - he would have a conditional green card "substitute", right? And having read some of the guides I think he still has to apply for the EAD and the advanced parole, no?? But it doesn't take long to get it?

I will explain in a bit more detail about the traveling back to Spain bit so I am really clear: we will be having someone else run the small business we have there in Spain, and I will be knee deep in work here in NYC, so ideally we want him to be able to go back during the fall and spend a month or more there in Spain, and be able to do that whenever he wants...

1. there is no DCF option for Spain, sorry.

2. get married and file the I-130 showing the foreign address in Spain. Why? it jumps the casefile into the 'filed from abroad' queue, sort of an auto-expedite adjudication queue, and ya save some time. when it gets to NVC, you have to prove up usa domicile, but I think you've got that handled.

3. conditional green card 'substitute'? ain't no such thing with that label, sorry. maybe yer confusing an endorsed CR-1 or IR-1 visa, where the human is granted a temp I-551 document at the airport with a duration of 1 year? This is normal, as awaiting the actual green card delivery takes some time. So how does this pertain to your question about EAD and AP? A Human with an endorsed immigrant visa does not need EAD or AP at all - in fact once the VISA is endorsed at the Port of Entry into the USA, that human can turn around same day and return to Spain.

4. I say get married in Spain asap and file the I-130. why? you have some idea of him going back in the fall, and I'm sorry to say - it takes time to get a spousal immigrant visa - there's 3 phases on it - and any phase you can shave time on is a blessing.

[SabrinaJerome 52]

Thank you so much Darnell! That was a really helpful and educated response. I appreciate it.

I responded to each of your points, below each point.

Thanks!

1. there is no DCF option for Spain, sorry.

Yeah, that has been a bit confusing. I have been trying to identify my process in various guideline pages here on VJ. For example, http://www.visajourney.com/content/compare gives the categories of CR1/IR1 and DCF. But the guide explains the CR1/IR1 process as if it is being filed from the US, and says it will take 7 months. Neither are true in our case. But we're also not a DCF case, so... just trying to find clarity for our case - hence my many questions in the forums!!

2. get married and file the I-130 showing the foreign address in Spain. Why? it jumps the casefile into the 'filed from abroad' queue, sort of an auto-expedite adjudication queue, and ya save some time. when it gets to NVC, you have to prove up usa domicile, but I think you've got that handled.

Yes, so even though we're not a DCF, it will still be quicker. Is there a expected wait time page on VJ for this scenario?
And yes, I kept and rented my domicile whilst living in Spain

3. conditional green card 'substitute'? ain't no such thing with that label, sorry. maybe yer confusing an endorsed CR-1 or IR-1 visa, where the human is granted a temp I-551 document at the airport with a duration of 1 year? This is normal, as awaiting the actual green card delivery takes some time. So how does this pertain to your question about EAD and AP? A Human with an endorsed immigrant visa does not need EAD or AP at all - in fact once the VISA is endorsed at the Port of Entry into the USA, that human can turn around same day and return to Spain.

hahaha yeah, I couldn't remember the word for it, but yes, it's something he will get while waiting for the actual green card.

Thank you for reassuring me about the AP. That eases my mind.

I also read this http://www.uscis.gov/sites/default/files/USCIS/Resources/B5en.pdf about filing a re-entry permit. This document brought up some new questions for us. Might start a new thread for this...

- the first two bullet points talk about absences for less than or up to one year, but also throw in the "take up residence in another country"... well, we are planning to buy our apartment in Spain. Will that cause us problems? Or are they just talking about obtaining legal residence?

- we have always thought about our future in terms of being able to live in three countries, Morocco (because he's a citizen), Spain (because he will have EU citizenship soon) and the US, because I am a citizen. From what I can understand about the above document, if he only has a Green Card (not US citizenship), he can stay out of the US for up to 2 years if he has filed that re-entry permit. And then, at some point, can renew it. So... our dream of mobility could actually work, even if he's not a US citizen?

4. I say get married in Spain asap and file the I-130. why? you have some idea of him going back in the fall, and I'm sorry to say - it takes time to get a spousal immigrant visa - there's 3 phases on it - and any phase you can shave time on is a blessing.

We are thinking to get married here in NYC after Christmas, before we go back to Spain. I plan to file from Spain when we get back. I'm hoping that even though he's a Moroccan male (!!!) that we will get to the interview point by May or June at the latest, no?

[SabrinaJerome 52]

This is one of those pages I was talking about... which category do we fit into? None, I think.

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

Also, does it make sense for me to follow this guide, even though I am living outside the US?

http://www.visajourney.com/content/i130guide1

[Boiler 45,519]

There is no date for future processing any timelines you see here are historical, CR1 normally takes a year, there does seem to be an unofficial expedite.

The only safe option to lbe able tp freely move from one country to another is to wait for Citizenship. Maintaing residency is a horribly complicated subject. Very difficult to define the line if you want to push it.

This is one of those pages I was talking about... which category do we fit into? None, I think.

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

Also, does it make sense for me to follow this guide, even though I am living outside the US?

http://www.visajourney.com/content/i130guide1

Cr1

Yes, remember you need to show a US domicile.

Edited December 18, 2015 by Boiler

[NikLR 13,227]

This is one of those pages I was talking about... which category do we fit into? None, I think.

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

Also, does it make sense for me to follow this guide, even though I am living outside the US?

http://www.visajourney.com/content/i130guide1

Yes. If DCF is not available, you still follow that guide. Since DCF is only available in a few countries, it's quite common to send the I-130 and documents to the Chicago lockbox.