Can we (USC/Spaniard) stay together ... by moving to Chile?

[lierre 224]

On September 24, 2018 at 5:01 PM, Esponjoso said:

... Our first priority is staying together. Second concern is my fiancée’s ability to work wherever we are. But, I can afford to sponsor my fiancée’s entry to the US and support her if she is unable to work for a time while things are processing.

 

We are taking photos and keeping records for the proof of relationship. We have met each other’s families, friends, etc..

 

So, the questions:

 

1: When should we get married? As soon as possible? As far as I can tell, the K-1 visa has no significant benefit, so it is better to just go for the CR-1.

 

2: How can we stay together as much as possible without overrunning my 90 days in Spain, her 90 days in the US, or 90 days basically anywhere? Or my 182 within a year in any particular country?

 

3: We will be talking with an immigration lawyer in the US soon. Anyone have suggestions for good ones?

 

... I assume that it is reasonable to think that my fiancée can get a green card within three years? I know DCF is not an option in Chile, so the paperwork would all be done via mail. Because my domicile is in Montana, I believe the papers will be processed in the Nebraska facility, which seems to have slightly better processing speeds than some of the others. The Santiago consulate seems pretty chill and low-traffic from what I’ve read. Appointment wait times are not too long.

 

Or, am I barking up the wrong tree altogether here, and my fiancée should try to get entry on her academic qualifications + a job offer?

 

Thanks for reading! Ideas? Comments? Questions? Hints?

 

As someone who did CR-1 in 2013... 

 

1)  Anytime you want. For CR-1, ASAP is better.

2) If your partner has a chance of getting a valid reason for being in Chile, aka at least a 2 year postdoc, I think the idea is worth pursuing. If not, if it will be just a visitor status, I'd suggest you choose a country where your partner can have legitimate residency status.

3) I personally don't think a lawyer is necessary. Yours seem pretty straightforward to me.

 

I got a green card within a year. We had to ask for an expedite (my husband is in the military). I don't know how long it takes for Spaniards living overseas outside Spain. But at least a year and a half is reasonable.

 

Marriage-based is definitely faster than employment-based. Remember that if your partner gets a post-doc that requires them to be on a non-immigrant visa (like J-1), they may have to do a visa waiver to be able to stay on after the position is complete. I'm not sure about the process for that.

 

I would suggest you start the process while overseas and then you can move to the US and start domicile while waiting for the application to be finalized.