Questions and Tips as we begin?

[bboucher28 0]

Hello, 

 

I've recently discovered this community and am both thankful and relieved that I've found what appears to be such a valuable resource.  My fiance and I are to be married on February 14th this year in Poland.  After, we are going to begin the process of obtaining an Immigrant Visa for her to relocate to the United States.  Before we begin, I was hoping to get some advice from this community on how to make this process as smooth as possible. 

 

First a bit about us.  I am a US citizen and she is a Polish citizen. 

• We met online while working for the same company and same team starting in April of 2016.  I was based out of our corporate headquarters in the US, while she was based out of a Polish based facility.
• In June of 2016, she visited the US for the first time to go through training at our corporate headquarters.  During this time we began spending time together and it very quickly morphed into a relationship. 
• During the next few months, we both traveled to each other's countries on multiple occasions to continue to spend time with one another.  
• In June of 2017, I made a surprise trip to Poland to propose to her.  Thankfully she said yes.
• In October 2017, I transferred to the same Polish plant that she works with to work and live with her.  My company was willing to sign off on this for 7 months.  My Polish work visa expires at the end of April.
• I plan to stay in Poland until my work visa runs out.  However, I'm going to look at ways to potentially stay longer if that is possible.
• We are planning to have a small ceremony on February 14th to be married at the courthouse. Her family and a couple of Polish friends will be in attendance at this ceremony.
• We are then planning to have a larger religious ceremony and celebration in July also in Poland.  At this time, my family and friends are also planning to make the trip.  
• Once the Visa is settled, we plan to make our home in the United States. 

 

While researching I had a few questions:

• DCF - I'm not finding much information if DCF is available in Poland.  I sent an email to the embassy to see if they could give me more details, however, I have not yet heard back.  My question is regarding the 6 month requirement that most embassies have.  Since I'm working and living in Poland currently, could I potentially hold off filing the I-130 until I meet the 6 month requirement?  I'm not sure delaying the filing would be worth it, but I'm just trying to determine what my options would be.
• What about name changes?  Should we wait until she officially changes her name before filing the I-130?
• Is it still worth trying for a K3 visa so that we can be together sooner?  It seems like it rarely is completed before I-130.
• If I stay in Poland beyond April, do I run the risk of a denial based on not having a domicile in the USA?  I still have bank accounts in the United States, but no permanent address, car, etc.  Would you recommend me going back after the Visa runs out to ensure this isn't a problem?  Obviously the issue would be that my fiance and I cannot be together. 
• Is there anything with my brief history about us that throws any red flags?  My biggest concerns are: 
  • As of today she has visited the US on her B1/B2 visa a total of 6 times for about 24 weeks.  A number of times she was here for training and a number of times she was here on holiday.  It seems each time she crosses the border into the US they give her a more and more difficult time.  She's never been denied entry, but they have pulled her aside for further questioning on her most recent trip.  Should the frequency of her visiting be a concern?  
  • I'm also worried how the two different wedding ceremonies will be interpreted.  In general, we decided to get married in February because we were both ready and wanting to make it happen sooner.  However, I'd be kidding myself if the thought of being able to get started on the visa application sooner didn't cross into our minds as well.  We are still having a larger ceremony in July because my family and friends very want to be part of this day.  However, traveling in winter in the Midwest can be challenging.  We also wanted to have warmer weather as we will be touring Krakow after our wedding with my family. 

 

I'm certainly open to any tips or advice that anyone has to offer.  Thanks!

 

Sorry if this information is already available in other posts.  I'm just starting to dig into the information on this site.  

 

[geowrian 22,338]

15 minutes ago, bboucher28 said:

• DCF - I'm not finding much information if DCF is available in Poland.  I sent an email to the embassy to see if they could give me more details, however, I have not yet heard back.  My question is regarding the 6 month requirement that most embassies have.  Since I'm working and living in Poland currently, could I potentially hold off filing the I-130 until I meet the 6 month requirement?  I'm not sure delaying the filing would be worth it, but I'm just trying to determine what my options would be.

Poland does not offer DCF (except in exceptional circumstances). Current policy is to only accept an I-130 in the US unless there is a USCIS field office within the embassy where one will interview. Below is a URL that lists the embassies with a USCIS field office:

https://www.uscis.gov/about-us/find-uscis-office/international-immigration-offices

 

Quote

• What about name changes?  Should we wait until she officially changes her name before filing the I-130?

It's not required to wait. The forms need to be accurate as of the time they are filed.

I don't know Poland's laws with regard to a name change or what's involved to prove the name change, though (in the US it's just the marriage certificate).

 

Quote

• Is it still worth trying for a K3 visa so that we can be together sooner?  It seems like it rarely is completed before I-130.

K-3 is obsolete and almost never issued anymore. It would turn into a CR-1 anyway.

 

Quote

• If I stay in Poland beyond April, do I run the risk of a denial based on not having a domicile in the USA?  I still have bank accounts in the United States, but no permanent address, car, etc.  Would you recommend me going back after the Visa runs out to ensure this isn't a problem?  Obviously the issue would be that my fiance and I cannot be together. 

You will be required to show either US domicile OR sufficient intent to establish US domicile before the visa can be issued. Bank accounts alone are likely insufficient evidence of intent to establish US domicile. Check out the NVC wiki: http://www.visajourney.com/wiki/index.php/NVC_Process

Do you have a joint sponsor lined up already, or will you be using assets to qualify for the I-864?

 

Quote

• Is there anything with my brief history about us that throws any red flags?  My biggest concerns are: 
  • As of today she has visited the US on her B1/B2 visa a total of 6 times for about 24 weeks.  A number of times she was here for training and a number of times she was here on holiday.  It seems each time she crosses the border into the US they give her a more and more difficult time.  She's never been denied entry, but they have pulled her aside for further questioning on her most recent trip.  Should the frequency of her visiting be a concern?  
  • I'm also worried how the two different wedding ceremonies will be interpreted.  In general, we decided to get married in February because we were both ready and wanting to make it happen sooner.  However, I'd be kidding myself if the thought of being able to get started on the visa application sooner didn't cross into our minds as well.  We are still having a larger ceremony in July because my family and friends very want to be part of this day.  However, traveling in winter in the Midwest can be challenging.  We also wanted to have warmer weather as we will be touring Krakow after our wedding with my family. 

I don't see any red flags in what you've stated.

The business/tourist visits is not an issue for a CR-1 visa. But yes, visiting too often or frequently does increase scrutiny if she living/working in the US or intends to stay.

 

There's no issue with 2 ceremonies - 1 legal, 1 larger one with family.

Edited January 16, 2018 by geowrian

[EandH0904 1,184]

https://www.uscis.gov/about-us/find-uscis-office/international-immigration-offices

 

The USCIS lists all countries with Direct Consular Filing on their website.  Poland is not listed. 

 

She can change her name anytime she chooses to. 

 

The K3 is almost always converted to the CR1. The CR1 currently is taking 12-14 months+ from time of filing. Some processing centers take longer than others. 

 

You should not overstay your visa in any country. A lot of couples have to spend time apart, it just is what it is. You don't want to show that you have a disregard for Poland's laws.  If your visa expires at the end of April and you have no visa with which to stay in the country, you should leave. At least you are able to return or she could visit you in the US. The general consensus on visiting the US is that you should spend twice as long outside the country as you are inside the US - else it may seem you are trying to "live" here instead of be a "tourist" here. She can visit you in the US but she will need to prove strong ties to her home country for CBP to allow her to visit. To come and "visit" you with the intent of adjusting your status is clear visa fraud.

 

You definitely need to establish domicile in the US before you file - you could list friends or family if you intend to stay with them upon returning, or could rent a home, etc. 

 

I can't see two ceremonies being an issue at all. Many people have a small court type ceremony and then a bigger one later. If you get married in February and send off your paperwork, it will not be complete by July. If your company cannot extend your time in Poland you will just need to return to the US until your petition is complete. 

 

Make sure you are up to date on US tax requirements while living overseas as well. 

[bboucher28 0]

2 minutes ago, EandH0904 said:

You should not overstay your visa in any country. A lot of couples have to spend time apart, it just is what it is. You don't want to show that you have a disregard for Poland's laws.  If your visa expires at the end of April and you have no visa with which to stay in the country, you should leave. At least you are able to return or she could visit you in the US. The general consensus on visiting the US is that you should spend twice as long outside the country as you are inside the US - else it may seem you are trying to "live" here instead of be a "tourist" here. She can visit you in the US but she will need to prove strong ties to her home country for CBP to allow her to visit. To come and "visit" you with the intent of adjusting your status is clear visa fraud.

I would only stay if I could do it legally.  I believe I can file for a temporary residence card that would extend it up to 2 years after we are married, but we are still researching that.  It would still depend if my company would agree with me working from that location for a longer period of time. 

 

Thank you for your recommendations.  I'll review the tax documents.