CR1 vs K1 - interview difficulty / marriage in "3rd country" / other ?s

[Max_DC 0]

Hi guys,

I am a U.S citizen, my boyfriend is Turkish. We have lived in Turkey for the past 3 years together. We're starting to consider moving to the U.S next year but we have a few logistical hurdles, would appreciate the advice:

 

1) As Turkey doesn't recognize gay marriage, our only option (besides getting a K1 Fiance visa) would be to marry in a "3rd country", like Denmark, which has gay marriage + no residence requirement. The Apostille Convention means that once we apply for CR1 visa, the USCIS SHOULD recognize our marriage in Denmark, even though neither one of us are Danish citizens (or residents). But my BF obviously doesn't feel too secure about this. Has anyone else done this something similar (apply for CR1 with "3rd country" marriage) and had confirmed positive results?

 

2) We are also considering the K1 visa, but I read that for certain countries applying for the K-1/ Fiance visa has a much lower success rate than the CR1 Spousal visa. has anyone else heard of this?

 

3) On a related note, does anyone think that the interrogation process about the validity of the marriage would be harder for the Fiance visa vs. Spouse visa?  I mean, does being married make it somewhat easier / reduce the "burden of proof" in your opinion?

 

4) I've lived abroad in Turkey for the last 5 years, my permanent address in the U.S is my parent's house. Can a U.S citizen living outside the countries apply to both the K1 and CR1 visas? Neither one requires me (the citizen) to be physically in the U.S for it, right?

 

Thank you so much for the help guys!

Edited March 19, 2018 by Max_DC

[Ben&Zian 4,398]

4 minutes ago, Max_DC said:

Hi guys,

I am a U.S citizen, my boyfriend is Turkish. We have lived in Turkey for the past 3 years together. We're starting to consider moving to the U.S next year but we have a few logistical hurdles, would appreciate the advice:

 

1) As Turkey doesn't recognize gay marriage, our only option (besides getting a K1 Fiance visa) would be to marry in a "3rd country", like Denmark, which has gay marriage + no residence requirement. The Apostille Convention means that once we apply for CR1 visa, the USCIS SHOULD recognize our marriage in Denmark, even though neither one of us are Danish citizens (or residents). But my BF obviously doesn't feel too secure about this. Has anyone else done this something similar (apply for CR1 with "3rd country" marriage) and had confirmed positive results?

 

2) We are also considering the K1 visa, but I read that for certain countries applying for the K-1/ Fiance visa has a much lower success rate than the CR1 Spousal visa. has anyone else heard of this?

 

3) On a related note, does anyone think that the interrogation process about the validity of the marriage would be harder for the Fiance visa vs. Spouse visa?  I mean, does being married make it somewhat easier / reduce the "burden of proof" in your opinion?

 

4) I've lived abroad in Turkey for the last 5 years, my permanent address in the U.S is my parent's house. Can a U.S citizen living outside the countries apply to both the K1 and CR1 visas? Neither one requires me (the citizen) to be physically in the U.S for it, right?

 

Thank you so much for the help guys!

 

Think marriage in '3rd party' country would be just fine. Marriage is marriage no matter where it takes place.

 

As to more difficult one way or the other, CR-1 vs K-1, realy if you have been there living together for that long that is more 'evidence' than a lot of people have. That's strong sign of a bonafide relationship.

Both require burdens of proof so, choice is yours whether you want to do the K-1 as fiances and then AOS(adjust status) in the US or just go marry then do spousal visa.

 

You can file for either from abroad yes, but you will have to show US domicile at some point during the process, meaning move back, find work (or use co-sponsor for affidavit of support) and such.

[Max_DC 0]

Thank you for the help mate!

In fact, because I'm a grad student now and don't have a job w/income anyway, we were planning on asking my BF's sister (who has a Green Card and is living in Boston) to be our Income Support Co-Sponsor.  I'm not sure if that would remove the (I-864) U.S domicile requirement for myself or not. Because I did read this on a law firm's website:

Quote

 If the Affidavit of Support is found to be insufficient because the sponsor does not satisfy the residence and domicile requirements the immigrant visa will not be issued.  Obtaining a joint sponsor who is domiciled in the US does not solve the problem.

 

 

If THAT's true.....then for proving "intent to re-establish domicile" I don't know if actually having a job offer is enough.....or if just showing that I have applied to jobs in the U.S is enough!

Different websites say different things....probably because's it's conditional/subjective?

Edited March 19, 2018 by Max_DC

[Ben&Zian 4,398]

4 minutes ago, Max_DC said:

Thank you for the help mate!

In fact, because I'm a grad student now and don't have a job w/income anyway, we were planning on asking my BF's sister (who has a Green Card and is living in Boston) to be our Income Support Co-Sponsor.  I'm not sure if that would remove the (I-864) U.S domicile requirement for myself or not. Because I did read this on a law firm's website:

If THAT's true.....then for proving "intent to re-establish domicile" I don't know if actually having a job offer is enough.....or if just showing that I have applied to jobs in the U.S is enough!

Different websites say different things....probably because's it's conditional/subjective?

 

Easiest is just living in the US. You can apply for K-1/or do the spousal visa now; but during the process move back to the US, get work, place to live, bank accounts, ect to show domicile. There are a lot of ways but if you're going to move back anyways together why not go get it all set up before he came over you know.

[Max_DC 0]

That's true, but I didn't consider it because the application process for K-1 or CR1 visa both take 7 - 10 months (from start to finish) and that is a long time to be in a long-distance relationship   Considering that I'd already need to have the job and address in the U.S when first applying for the income support.....

Edited March 19, 2018 by Max_DC

[Cyberfx1024 7,980]

14 minutes ago, Max_DC said:

That's true, but I didn't consider it because the application process for K-1 or CR1 visa both take 7 - 10 months (from start to finish) and that is a long time to be in a long-distance relationship   Considering that I'd already need to have the job and address in the U.S when first applying for the income support.....

This is something you have to get used to because almost all of us here on VJ have had to be without our SO for months at a time.

[Max_DC 0]

Really? So nobody just tried to wing it with the "intent to re-establish domicile in the U.S" route?   That is not good to hear....

Also - I just realized - that I-864 form only applies to the Spousal Visa

OR

for the "Adjustment of Status" after you get the Fiance Visa...

 

The Fiance visa is a 2-step process, if I have it right....

 

STEP 1) Apply (overseas) for Fiance Visa

I
*Come to U.S, Get Married *

I
STEP 2) Apply for "Adjustment of Status" to Green Card (when you give UNCIS your 'income/domicile' proof)

 

....If the Form I-864 / Spousal Support is only needed when the spouse is already in the U.S and is applying for the AoS, then theoretically could we:

apply for the Spouse Visa (1),

Move to U.S (2), 

once I have a job and a lease use that when applying for the AoS. (3)

 

Does that make sense or am I way off?

The only thing scaring me is the government website for the Finance Visa:

 

Quote

The U.S. citizen fiancé(e) will need to submit Form I-864 to USCIS with the application for adjustment of status to that of legal permanent resident following the marriage.

 

 

Oh, great! So I don't have to prove I am domiciled in the U.S until after the marriage! 
 

Quote

During the visa interview, applicants will be required to present evidence to the consular officer that they will not become a public charge in the United States. You may present evidence that you are able to financially support yourself or that your U.S. citizen fiancé(e) is able to provide support. The Consular Officer may request that a Form I-134, Affidavit of Support be submitted by the U.S. citizen fiancé(e).

 

 

.....oh, so I guess I DO have to prove domicile when first applying for the visa....? :/ 

Edited March 19, 2018 by Max_DC

[jesserz 73]

My husband and I married in a third country and I've lived with him (in a 4th, 5th and 6th country lol) for the past 2 years. We filed for the IR-1 and got approved from the USCIS so far. There was no problem with our marriage in Hong Kong despite the fact neither of us are Cantonese.

 

I also have a permanent residence in the US which is my mother's (who is also sponsoring my husband). That's my domicile requirement. I mean, I haven't "passed" the NVC stage yet, but from all that I've read, I'm not too worried about it.

[Ryan H 3,834]

Moved from IR-1/CR-1 Process & Procedures to What Visa Do I Need - Family Based Immigration forum.

[Boiler 46,282]

The K1 issues you tend to see on here are people who have met once or twice and are from known high fraud countries, does not sound like  your situation.