CR1-Visa or K-1 + Medical questions

[JustShootIt 2]

Hi

Me and my same sex partner have been in a relationship since the beginning of this year. We have known of each other on and off for at least a year though. Mainly short interactions. We met on an online game. But that has obviously changed since the start of this year where we are constantly in skype calls/whatsapp when he's working etc. You could say we are glued to each others hip, not literally of course.

We have already decided that we do want a future together after our initial meet and we do have plans to meet again in a month so we can spend a another couple of weeks together over in the US, and then he will be visiting me and my family in London around june-july. He has not proposed as of yet (though he has given me a "promise ring") but has told me he intends to propose at some point soon. We have briefly looked at the various visas, ways to get around immigration etc.

My questions are as followed....

He is paid off the books, so has not filed tax returns. He would obviously like to declare this income so he can use it to get me here quicker, but will not be able to make this years tax return. Is there any way around this? He is in the process of getting put on the books with his boss because he knows he needs to in order to sponsor me, so will he be able to prove his income with a few months worth of pay stubs? or will we have to wait until next year when he can file taxes?

Our initial research indicate that we could either 1) I travel on the VWP, marry and return home. Then we go through the hoops for the IR-1/CR-1(Preferred option) 2) Travel on VWP, marry and file for adjustment (our least likely route, as the risk is too great should it be denied 3) apply for the K-1 fiancee visa. 4) We go through the UK marriage visa process

Where we should get married? the UK or US? Is either one particularly easier than the other? We would much prefer to settle in the US as he has a good job and earns more than the 125% required to sponsor me and I do not meet the UK's 18,600 sponsor requirement.

Also, what are the cost and time differences for the K-1 and IR-1/CR-1 visas? Is one easier than the other?

Medical

I have suffered on and off with neurotic depression, otherwise known as dysthymia (long term, low grade depression) and was previously medicated with fluoxetine 20mg + Mirtazapine 15mg. This has recently been reduced to Mirtazapine 15mg by itself and I am on the road to recovery, holding down a job well and am generally happy. I have never been hospitalized because of this. Is this likely to cause me to fail on medical grounds? I have no other health issues.

Any helpful advice would be much appreciated.

Edited March 20, 2016 by JustShootIt

[NikLR 13,227]

Option 1 is fine.

Option 2 is out, it's illegal.

Option 3 is oka

Option 4 is also an option but you'd have to look into those costs etc.

You guys need to decide WHERE you want to marry once you decide that you do want to marry.

CR1 takes longer, but you get a green card upon entry. Takes about a year after marriage certificate is in your hands. K1 is faster to visa but takes longer to green card because you have to adjust your status. You won't be able to work or travel outside the USA for about 90 days after marriage and filing the AOS. You have 90 days to marry upon entry. We have a comparison chart so you can decide what is best for you two as a couple.

No that medical issue won't be cause for denial. Sounds like you have it well documented and the medical, the dr would need a note from your doctors about your meds etc... basically detailing that you're not a danger to yourself or others.

[JustShootIt 2]

Option 1 is fine.

Option 2 is out, it's illegal.

Option 3 is oka

Option 4 is also an option but you'd have to look into those costs etc.

You guys need to decide WHERE you want to marry once you decide that you do want to marry.

CR1 takes longer, but you get a green card upon entry. Takes about a year after marriage certificate is in your hands. K1 is faster to visa but takes longer to green card because you have to adjust your status. You won't be able to work or travel outside the USA for about 90 days after marriage and filing the AOS. You have 90 days to marry upon entry. We have a comparison chart so you can decide what is best for you two as a couple.

No that medical issue won't be cause for denial. Sounds like you have it well documented and the medical, the dr would need a note from your doctors about your meds etc... basically detailing that you're not a danger to yourself or others.

Thanks for your input. Option 2 is definitely out of the question then. I assume that is because of the intent? What were to happen if he proposed at a time I was there and we got married quickly then? Because technically I do not know when he will propose and he sure as hell won't tell me when he is going too. But I suppose because I know he will at some point I would be expecting it. Oh its all so confusing.

I would hope to be off the medication and stable by time the medical comes around. I figure the less variables the better. But I am sure my GP would be willing to do that as I do have a good relationship with them. Do the medical examiners have access to my medical records? or will they take my doctors word for it?

Edited March 21, 2016 by JustShootIt

[NikLR 13,227]

If it's a surprise, well that's different. It's a surprise. You can certainly stay and adjust your status. AOS is allowed from VWP. But being engaged and knowingly coming over to get married and stay without an appropriate visa isn't allowed. The CBP wouldn't allow you to enter if you truthfully, as you are legally required to, state the purpose of your visit. You can come and get married. No big deal. The staying part is the no-no unless it's because plans have had to change for whatever reason.

Doesn't matter if you're on medication for the medical. People immigrate with depression.

Edited March 21, 2016 by NLR

[Cathi 5,755]

Thanks for your input. Option 2 is definitely out of the question then. I assume that is because of the intent? What were to happen if he proposed at a time I was there and we got married quickly then? Because technically I do not know when he will propose and he sure as hell won't tell me when he is going too. But I suppose because I know he will at some point I would be expecting it. Oh its all so confusing.

I would hope to be off the medication and stable by time the medical comes around. I figure the less variables the better. But I am sure my GP would be willing to do that as I do have a good relationship with them. Do the medical examiners have access to my medical records? or will they take my doctors word for it?

doesn't sound like a surprise if you're planning on it.

The fact of the matter is, coming here with the intent to marry, stay and adjust status is immigration fraud.

[JustShootIt 2]

doesn't sound like a surprise if you're planning on it.

The fact of the matter is, coming here with the intent to marry, stay and adjust status is immigration fraud.

Okay, got it. Option 2 out of the question

[tamcloud 92]

Here's the link to the previously mentioned comparison chart: http://www.visajourney.com/content/compare

There's lots more information in the Guides (link at the top of the page, if you're on a computer).

Good luck!

[Boiler 45,535]

Whether he is paid on or off the books he still has to file taxes, just different if he is effectively self employed.

[JustShootIt 2]

Whether he is paid on or off the books he still has to file taxes, just different if he is effectively self employed.

Would you be able to elaborate on this? I'm not savvy with how the US deals with taxes. Are you saying he should declare this income as self employed? If he can somehow declare what he's earned in the last year at least (showing it meets the 125% requirement) would this be sufficient? He can easily get a letter of employment from his boss starting from now, and as I said from now on he will be on the books so everything from now on he will be able to declare. I will obviously bring this up with him when we speak later .

Edited March 21, 2016 by JustShootIt

[dillygoose 21]

I'm self employed too. But I pay taxes and report my income.

Are you saying he doesn't pay taxes?

Because that's fraud and illegal. Doesn't even come into any bearing for the visa. Might even be in hot water for back taxes.

You're going to need significant proof for the beneficiary form.

Just making a declaration or getting a letter isn't enough.

Also Really. Pay taxes. I mean why mess around with that?

To qualify for a sponsorship that means he needs to be taking home a serious income. You need to get your IRS situation worked out first. As in ASAP.

Edited March 21, 2016 by dillygoose

[NikLR 13,227]

He will need to figure out his last 3 years of taxes. Not just going forward.

[JustShootIt 2]

I'm self employed too. But I pay taxes and report my income.

Are you saying he doesn't pay taxes?

Because that's fraud and illegal. Doesn't even come into any bearing for the visa. Might even be in hot water for back taxes.

You're going to need significant proof for the beneficiary form.

Just making a declaration or getting a letter isn't enough.

Also Really. Pay taxes. I mean why mess around with that?

To qualify for a sponsorship that means he needs to be taking home a serious income. You need to get your IRS situation worked out first. As in ASAP.

Yes I agree. His "boss" literally just gives him cash in hand directly from the takings after the job is done. It's good money, enough to sponsor somebody but it all means nothing if he isn't doing his taxes. etc. since he will be unable to declare it without incriminating himself. I had a quick look, and apparently employers meant to give something called a "w-2" detailing the any wages paid etc. He does not receive any of this. I did read that there is a specific amount he has to earn before he has to file though....but his income exceeds that.. but he has no record of it.

He will need to figure out his last 3 years of taxes. Not just going forward.

Yes, thats what I'm hoping he will do because he has no choice really xD If he wants to sponsor me. Is it still possible for him to file taxes for those 3 years without anything else to "prove" his income or? Would they take his word for it? Or do they need to see the w-2 slips? I assume they do. I honestly think this is going to screw us over.

Edited March 21, 2016 by JustShootIt

[Boiler 45,535]

He needs to see a CPA, will be able to advise him and file.

[dillygoose 21]

Yes I agree a CPA or accountant is the way to go. There's too many details that need to be worked out to advise in full here.

I will say however that you can absolutely file without a W2 (or a 1099 Misc in the case of an independent contractor, which I'm assuming is more in line with the route described given that no taxes are being withheld by the employer).

Most likely the employer isn't reporting the income either - which is another can of worms potentially. BUT no matter what its important to file and report - not just for this but for buying a house, buying a car, credit, banks loans, etc etc.

You need to get together any and all bank records and contact a tax professional. They'll get everything done for the previous years.

Keep in mind you're responsible for anything owed PLUS interest.

But both of your lives will be on sound footing for your visa once that part is in the works.

Edited March 21, 2016 by dillygoose

[Nich-Nick 3,354]

CostsK1 London route = $1705 + £295

$340 (USCIS) I-129F petition

£45 (ACPO) Police certificate just before petition approval

£250 (Knightsbridge Doctors) medical exam. Pay at exam.

$265 (Embassy) Visa fee prior to interview. Online pay.

$30 Courier fee if home delivery, $0 to pick up at a depot. Online.

$1070 (USCIS) Adjustment of Status/Work Authorization/Advance Parole (after marriage)

CR1 route = $1060 + £295

$420 (USCIS) I-130 petition

$325 (National Visa Center) Visa fee

$120 (National Visa Center) Affidavit of Support Review fee

£45 ACPO Police certificate https://www.acro.police.uk/police_certificates.aspx

£250 (Knightsbridge Doctors) medical exam http://www.visamedicals.info/us.asp

$30 Courier fee if home delivery, $0 to pick up at a depot

$165.00 (USCIS) Immigrant Fee via the Department of State's website - https://ceac.state.gov/IV/Login.aspx

Medical

Depression Knightsbridge from Sunya and Tim

<p>My fiance indicated he had battled some depression 3 years ago while going thru the separation from his wife. He took with him a letter from his doctor but Knightsbridge asked for this additional information. Just thought I would share so that you know all they will be asking. Hope this helps. He was given a form by the doctor and asked to have his doctor provide the following information. Please provide a brief medical report outlining:

• Diagnosis
• Investigations - if any
• Treatment
• Duration of treatments and illness
• Any prior or subsequent mental health illness
• Any incidents of self-harm, harm to others or suicidal attempts
• Prognosis and your opinion of current mental state

Edited March 21, 2016 by Nich-Nick