Choosing b/w CR1 & K1 when US Citizen is living abroad

[Kuneesa 92]

Hey Guys! 

We are an Indian-American couple living in New Delhi and about to embark on this visa journey. This is the best place I could find on the internet so I'll be really glad if someone can help us with a couple of questions.

1.) My (soon to be) wife is in India on a work visa and has been working with the same company for over 3 years now. She's been living here since. 
2.) We have been dating for past 2+ years and living together for more than a year. We just got engaged and started looking at the options of moving to the USA. 
3.) What makes more sense. To apply for a K1 fiance visa or getting married here in India and applying for a CR1 visa? 

Thank you in advance! 

[Roel 7,192]

That's pretty much personal decision there. 

 

If you're already abroad together I'd say CR1 will be easier . 

[Dashinka 24,519]

Will she be leaving India soon?  If not, I wouldn't bother with the K1, instead, I would get married and then about 1.5 years prior to her repatriation back to the US file for the CR1, so you can also come here.

 

Good Luck!

[Alabamak1 688]

20 minutes ago, Roel said:

That's pretty much personal decision there. 

 

If you're already abroad together I'd say CR1 will be easier . 

K-1 is a shorter wait to be together

[Roel 7,192]

2 minutes ago, Alabamak1 said:

K-1 is a shorter wait to be together

They are already together. Plus at this point k1 is barely shorter wait, and have other disadvantages. 

[Kuneesa 92]

39 minutes ago, Roel said:

That's pretty much personal decision there. 

 

If you're already abroad together I'd say CR1 will be easier . 

Thanks. We thought the same, so CR1 it is!  

 

19 minutes ago, Bill & Katya said:

Will she be leaving India soon?  If not, I wouldn't bother with the K1, instead, I would get married and then about 1.5 years prior to her repatriation back to the US file for the CR1, so you can also come here.

 

Good Luck!

She has work approval for 2 more years here so we can decide when we want to leave. We are planning to leave together once I get the CR1 visa. Also, would her working abroad be a problem while filling up the I-864 Affidavit of Support? She does file US taxes and has savings/assets in US bank accounts. Thanks for the help! 

[Dashinka 24,519]

9 minutes ago, Kuneesa said:

Thanks. We thought the same, so CR1 it is!  

 

She has work approval for 2 more years here so we can decide when we want to leave. We are planning to leave together once I get the CR1 visa. Also, would her working abroad be a problem while filling up the I-864 Affidavit of Support? She does file US taxes and has savings/assets in US bank accounts. Thanks for the help! 

As long as she meets the income requirements for the I864 it should not be an issue.

[Christy&J 837]

33 minutes ago, Alabamak1 said:

K-1 is a shorter wait to be together

not much shorter anymore 7-12 months until visa granted and it's more expensive down the road

31 minutes ago, Roel said:

They are already together. Plus at this point k1 is barely shorter wait, and have other disadvantages. 

second this

[Sukie 1,463]

Get married now, and start the CR-1 process.  It's less expensive in the long run, and you will be able to work as soon as you land in the US.

 

Two things to think about:

1.  As soon as you get married, start saving all paperwork that shows you share life together - living arrangements, financial arrangements, etc. You will need it when it's time for your Removal of Conditions.

2.  You spouse will need to prove domicile (her connections to the US) as well as the fact that she makes enough to sponsor you.  The fact that she has her banking arrangements in the US is good.  But...either she has to be in a field that is easily transferable back to the US, or maybe she already works for a US company?  If she is working for an Indian company, and that salary will stop when you leave, you might need to look for a sponsor.

 

Good luck!!!

 

Sukie in NY

[Kuneesa 92]

12 minutes ago, Sukie said:

Get married now, and start the CR-1 process.  It's less expensive in the long run, and you will be able to work as soon as you land in the US.

 

Two things to think about:

1.  As soon as you get married, start saving all paperwork that shows you share life together - living arrangements, financial arrangements, etc. You will need it when it's time for your Removal of Conditions.

2.  You spouse will need to prove domicile (her connections to the US) as well as the fact that she makes enough to sponsor you.  The fact that she has her banking arrangements in the US is good.  But...either she has to be in a field that is easily transferable back to the US, or maybe she already works for a US company?  If she is working for an Indian company, and that salary will stop when you leave, you might need to look for a sponsor.

 

Good luck!!!

 

Sukie in NY

Thanks Sukie!

1.)Yes we have paperwork to prove that our life is together. Photos from the trips we have taken to the US to meet her family. Photos from when she met my family and we rent a house together here. 

2.) She has her Voter ID/Passport/SSN and other stuff all tied to her family address where she used to live before she moved here. (Her parents still live there). She is indeed working for an Indian company here so yes, the salary will stop when we leave. Can we make her mom or dad a sponsor in that case? 

 

Thanks! 

 

[Sukie 1,463]

20 minutes ago, Kuneesa said:

Thanks Sukie!

1.)Yes we have paperwork to prove that our life is together. Photos from the trips we have taken to the US to meet her family. Photos from when she met my family and we rent a house together here. 

2.) She has her Voter ID/Passport/SSN and other stuff all tied to her family address where she used to live before she moved here. (Her parents still live there). She is indeed working for an Indian company here so yes, the salary will stop when we leave. Can we make her mom or dad a sponsor in that case? 

 

Thanks! 

 

1) It's good that you have those things now - but what I am saying is make sure you save everything from the date of your marriage forward.  You will need it.  Much easier to have that shoebox full of stuff two years from now than try to recreate it.

2) You will probably need a sponsor.   If Mom and Dad will agree to do it, then that's great!

 

Good luck!

 

Sukie in NY

[Kuneesa 92]

8 minutes ago, Sukie said:

1) It's good that you have those things now - but what I am saying is make sure you save everything from the date of your marriage forward.  You will need it.  Much easier to have that shoebox full of stuff two years from now than try to recreate it.

2) You will probably need a sponsor.   If Mom and Dad will agree to do it, then that's great!

 

Good luck!

 

Sukie in NY

Thank you. Will definitely keep that in mind. 

 

I have one more question. While applying I-130, should we apply at the local USCIS office in India(we have one in the city we live in) or should we mail all the documents to the US lockbox? Would that make any difference regarding the time it will take to process the application? 

 

[ddtenor2 80]

If you will still be living in India at the time of your filing, you might want to research a Direct Consular Filing.  I believe that is an option at the embassy in New Delhi.  If you're able to do it, it will take a matter of months for your wife to receive her visa rather than the current wait time of 12-14 months.

[Kuneesa 92]

1 hour ago, ddtenor2 said:

If you will still be living in India at the time of your filing, you might want to research a Direct Consular Filing.  I believe that is an option at the embassy in New Delhi.  If you're able to do it, it will take a matter of months for your wife to receive her visa rather than the current wait time of 12-14 months.

Thanks. I looked up on DCF and it looks very promising. Are you sure anyone who meets the residency requirements can file it and it is not only for exceptional circumstances/emergencies? 

[Alabamak1 688]

4 hours ago, Roel said:

They are already together. Plus at this point k1 is barely shorter wait, and have other disadvantages. 

Not here to sell a spousal Visa. Just told him his option.