Marriage

[Joy Straitiff 1]

Okay I'm new to this whole situation. I met this wonderful man while he was here on a work visa from Jamaica he has since returned home. He is due back in a few months. We have discussed marriage. But with being new to this situation of one that never been married before 2 fell in love with somebody from another country so I am completely lost on the process. I need to all help and advice dead I can get from it anybody who knows and truly knows anything about the process. The only thing that I have really found out is that I need to have an income of $20,000 a year to be a sponsor and if I don't make that that my brother could be what is called a co-sponsor for him to be here. So please somebody help me! Thank you in advance for your time.

[TBoneTX 45,361]

Welcome to the forum.  Your thread is moved from Off Topic to the "What Visa Do I Need" forum, where similar subjects are discussed.  Good luck.

[JayMar2019 2,741]

20 hours ago, Joy Straitiff said:

Okay I'm new to this whole situation. I met this wonderful man while he was here on a work visa from Jamaica he has since returned home. He is due back in a few months. We have discussed marriage. But with being new to this situation of one that never been married before 2 fell in love with somebody from another country so I am completely lost on the process. I need to all help and advice dead I can get from it anybody who knows and truly knows anything about the process. The only thing that I have really found out is that I need to have an income of $20,000 a year to be a sponsor and if I don't make that that my brother could be what is called a co-sponsor for him to be here. So please somebody help me! Thank you in advance for your time.

The first piece of advice I would recommend that you do before ANYTHING is first make sure that this relationship is a 100% real or "bonafide" relationship. While you didn't really go into detail about the "length of time" you and your significant other have been in a relationship, that this factor is the MOST IMPORTANT because this process is not for the faint-hearted,  or unstable foundation type of relationship. Outside of the fact that it is costly, the process doesn't just end with applying for the CR1 (spousal visa). Before you (the US citizen) decide that you are going into this process, you need to make sure that this "relationship" is not of convenience to him, meaning, with a work visa, he's only allowed to stay in the US no more than 6 months at a time (or no longer than the dated stamp in his passport) and with a work visa, the sole purpose is for him to work in the US, not to come to the US to work with the intent to get married to stay in the US. I point this out because depending on your situation (you didn't give much information about your situation), this will be looked into when it comes to intent.

 

Please do not take what I just said as me passing judgment or anything negative because that is not the case. If you want to share a little more about your situation so that you can get the proper feedback necessary that would be great. If not, then I would recommend if you and your significant other have made the decision to get married, you need to review the USCIS.gov which is the site that has all the listed forms and goes over what will be needed and requirements necessary to file for the CR1. You can also review this website as there's plenty of information and step-by-step guides by clicking at the top where it says "guides". 

 

[Joy Straitiff 1]

Ok. Hoping that no one sees me as stupid or blind but in my heart of hearts I feel that his love for me is just has real as mine is for him. And as to when we met, June of last year so no we haven't been together long. I'm not exactly sure as to what info that you would want from me to be able to provide all info possible. And just to let you know I'm not offended in any way.

Thank you for taking the time to help me with this.

And can you give me an idea on the cost too please.

Edited January 3, 2018 by Joy Straitiff
Another question

[Pinkrlion 2,724]

Immigration wants to see a relationship between you both as if he lives here daily.  Now that he is back home, do u plan to visit him?, how do you talk daily?, does he know your friends and family, do u know his? What do u have to visually show immigration that in 6 months of meeting that this is a real relationship and not so he can get a green card.

[Joy Straitiff 1]

I myself do not have a passport to travel and have a disabled son whome I take care of so as for traveling there to see him during these 3 months that he is back home doesn't seem possible. He is due back in April and this time is killing me. As to knowing one another's family and friends he has met most of my family and a few of my friends. I have met his one sister and two sister in laws and some of his friends that were here too working. We video chat daily and I have talked to a few of his friends and family back in Jamaica via video chat. Although I do have to say he is much better at remembering everyone's names then I am. We have pictures of us doing things when he was here on our phones like normal couples.

[payxibka 10,045]

Since you have already spoken about intent to marriage, your  visa options are Fiancee' (K-1) which means you get married in the USA or Spouse visa (CR1) which means you get married in Jamaica.   Since travelling is a challenge for you then K-1 might be the best choice.  

 

Neither scenario provides that he remains in the USA for the entire time and he must return home to receive the visa

Edited January 3, 2018 by payxibka

[Joy Straitiff 1]

You had also stated that its costly can you give me a rough idea as to how much. And what would marrying there verses here be?

[payxibka 10,045]

Marriage requirements are different in every country.  A simple google search will likely inform you of what it takes to do that in Jamaica

 

Spouse visa costs to conditional green card (somewhere's around $1,000) are less than the costs for a K-1 to conditional green card (somewhere's around $2,200)

[Joy Straitiff 1]

Ok so if we would get married when he come back? And I'm sorry if these questions seem stupid but when it comes to this I know nothing. Would we be able to get married when he come back in? And if so is it the same process to be able to get him to stay here?

[payxibka 10,045]

6 minutes ago, Joy Straitiff said:

Ok so if we would get married when he come back? And I'm sorry if these questions seem stupid but when it comes to this I know nothing. Would we be able to get married when he come back in? And if so is it the same process to be able to get him to stay here?

If you get married on his next visit then a Spouse visa is what you would be eligible for.  Current processing times for a spouse visa are 12-14 months.  Processing times increase and decrease all the time but that is what the current status is at the moment

[Joy Straitiff 1]

So would we need to apply for it before or after? And I think I read somewhere that he won't be able to work for a while. Is that true?

[payxibka 10,045]

14 minutes ago, Joy Straitiff said:

So would we need to apply for it before or after? And I think I read somewhere that he won't be able to work for a while. Is that true?

You cannot apply for a spouse visa until you are married so you must wait until eligible.  One advantage of a spouse visa is that upon arrival he will immediately have a green card and is eligible to work.  

 

One of the disadvantages of a Fiancee visa is that there is a period where they are not work eligible.  You are most likely eligible to petition for a Fiancee visa right now

Edited January 3, 2018 by payxibka

[JayMar2019 2,741]

1 hour ago, Joy Straitiff said:

Ok. Hoping that no one sees me as stupid or blind but in my heart of hearts I feel that his love for me is just has real as mine is for him. And as to when we met, June of last year so no we haven't been together long. I'm not exactly sure as to what info that you would want from me to be able to provide all info possible. And just to let you know I'm not offended in any way.

Thank you for taking the time to help me with this.

And can you give me an idea on the cost too please.

 

1 hour ago, Joy Straitiff said:

I myself do not have a passport to travel and have a disabled son whome I take care of so as for traveling there to see him during these 3 months that he is back home doesn't seem possible. He is due back in April and this time is killing me. As to knowing one another's family and friends he has met most of my family and a few of my friends. I have met his one sister and two sister in laws and some of his friends that were here too working. We video chat daily and I have talked to a few of his friends and family back in Jamaica via video chat. Although I do have to say he is much better at remembering everyone's names then I am. We have pictures of us doing things when he was here on our phones like normal couples.

 

56 minutes ago, Joy Straitiff said:

You had also stated that its costly can you give me a rough idea as to how much. And what would marrying there verses here be?

 

42 minutes ago, Joy Straitiff said:

Ok so if we would get married when he come back? And I'm sorry if these questions seem stupid but when it comes to this I know nothing. Would we be able to get married when he come back in? And if so is it the same process to be able to get him to stay here?

 

You both need to decide if you are doing the spousal visa (CR1) or the fiancé visa (K1) as there is a difference in requirements and cost for each. K1 visa allows you two to marry in the US within 90 days from the date he comes into the US and you both have to be UNMARRIED in order to do this. With the K1 fiancé visa, the interview will take place at the Jamaica Embassy where he would have to present with supporting evidence showing that you and him have a real "bonafide" relationship. Sometimes, the Embassy can and may request the USC to attend if there are possible doubts of the validity of the relationship. The whole K1 visa process can approximately be $2,500.00 and more between all the fees, and payments for documentation and medical exams etc.

 

Spousal Visa (CR1) is when you and your significant other have married in this home country and are applying for him immigrate to the US. While this process is cheaper than the K1, the process takes longer to complete. Because you would have to marry in his country or another country (like a destination wedding), you would need a US passport to travel abroad.

 

Your situation is a bit different and can be difficult as your significant other already has a US government visa which is a work visa. Foreigners can only have one type of visa issued to them at a time. Because he has a work visa, his sole purpose for coming to the US to work for the employer who is sponsoring him. You asked can you two get married when he comes back? In laments terms....yes, you can, the courts are not gonna stop you two from getting married to each other as long as you two are free to marry. However, the issue comes into play when it's time to interview when you two are applying for his green card which USCIS is gonna question the intent because it can appear that he intended to come to the US on his work visa for the purpose to get married (not saying that is the case) but that is what you and him will have to prove because that is a possible sign of visa fraud. Can it be proven....I cannot answer that question because I'm not in your relationship but you two wouldn't be the first couple to happen to meet by chance and fall in love and get married. You just have to prove that is really want happen which is why a previous VJ member says you have to good proof of relationship.

Edited January 3, 2018 by Trinab80

[payxibka 10,045]

2 minutes ago, Trinab80 said:

 

 

However, the issue comes into play when it's time to interview when you two are applying for his green card which USCIS is gonna question the intent because it can appear that he intended to come to the US on his work visa for the purpose to get married (not saying that is the case) but that is what you and him will have to prove because that is a possible sign of visa fraud. 

 NO.  Getting married on any kind of non-immigrant visa is no way visa fraud.