American Immigration Help from Singapore (merged)

[CheeseSunflower 0]

My fiancé (American, 29M) and I (Mexican, 27F) are wondering about our options for marriage and immigration into the US. We both live and work in Singapore. From our research, it seems there are two options: K-1 Visa & CR-1 Visa. However, we have a few questions about both that we're struggling to find answers to.

1. How long does the K-1 Visa take to process? We've heard conflicting answers about this and realize it may depend on the country where we apply. Does anyone have experience with applying for a K-1 in Singapore?
2. If we go with the K-1 Visa, once we get married in the US, it sounds like you can't travel outside of the US until the green card is issued unless you file the I-131. Is it possible to apply for multi-reentry through the I-131, or is it only single entry? How long would it typically take for the I-131 to process while the green card is pending?
3. I have a sole proprietorship based in Singapore. I know that from Singapore's perspective, I can run the business from anywhere if I declare a local director. However, will the US have issues with me continuing to run my Singapore based business while waiting for my green card if we go for the K-1 route?
4. For the CR-1, we assume the processing time also varies from country to country, but it is said to be anywhere from 12-24 months. Is this accurate? Does anyone have experience with CR-1 from Singapore?
5. While the CR-1 is pending, is it possible to visit my partner in the US? He'll be moving back to the US this year.

 

We're leaning toward K-1, but my biggest concern is continuing to run my business. Any information on the above questions would be extremely helpful.

[Dashinka 24,513]

1 hour ago, CheeseSunflower said:

My fiancé (American, 29M) and I (Mexican, 27F) are wondering about our options for marriage and immigration into the US. We both live and work in Singapore. From our research, it seems there are two options: K-1 Visa & CR-1 Visa. However, we have a few questions about both that we're struggling to find answers to.

 

1. How long does the K-1 Visa take to process? We've heard conflicting answers about this and realize it may depend on the country where we apply. Does anyone have experience with applying for a K-1 in Singapore?

Generally the time between filing for a K1 and actual visa in hand can be about 10-14 months but it is case-by-case.  I have no experience filing for a K1 from abroad.

1 hour ago, CheeseSunflower said:

1. If we go with the K-1 Visa, once we get married in the US, it sounds like you can't travel outside of the US until the green card is issued unless you file the I-131. Is it possible to apply for multi-reentry through the I-131, or is it only single entry? How long would it typically take for the I-131 to process while the green card is pending?
   
    

The AP (I131) is not single use.  I131s with an AOS usually take from 5-7 months to be issued.

1 hour ago, CheeseSunflower said:

1. I have a sole proprietorship based in Singapore. I know that from Singapore's perspective, I can run the business from anywhere if I declare a local director. However, will the US have issues with me continuing to run my Singapore based business while waiting for my green card if we go for the K-1 route?

No idea.  This is a grey area, but if you take the K1 route, you would also file the I765 Employment Authorization which also takes about 5-7 months.

1 hour ago, CheeseSunflower said:

1. For the CR-1, we assume the processing time also varies from country to country, but it is said to be anywhere from 12-24 months. Is this accurate? Does anyone have experience with CR-1 from Singapore?
    

I usually see a CR1 estimated 12-18 months.  The big issues here will be your spouse setting up their plan to re-establish domicile back in the US, but in general, the CR1 is a superior visa since it allows work in the US along with travel outside the US immediately upon entry into the US with the CR1 visa.  It is also cheaper in the long run.

1 hour ago, CheeseSunflower said:

1. While the CR-1 is pending, is it possible to visit my partner in the US? He'll be moving back to the US this year.
    

Yes, as long as you have a valid visa (B2 or other) to enter the US.  

1 hour ago, CheeseSunflower said:

 

We're leaning toward K-1, but my biggest concern is continuing to run my business. Any information on the above questions would be extremely helpful.

Hope that helps,

 

Good Luck!

[Just Paul 4,595]

1 hour ago, CheeseSunflower said:

I have a sole proprietorship based in Singapore. I know that from Singapore's perspective, I can run the business from anywhere if I declare a local director. However, will the US have issues with me continuing to run my Singapore based business while waiting for my green card if we go for the K-1 route?

For either a K1 or Cr1 visa you will need to show domicile in the US or the intention of establishing domicile prior to actual interview.   You will need to show US income to show the financial sponsorship or have assets 3x the amount needed in I-864P.   It is also assumed that you are current on your US tax obligations. USCIS won't care about whether you keep the Singapore business and the Singapore revenue won't count towards sponsorship.

 

1 hour ago, CheeseSunflower said:

Does anyone have experience with CR-1 from Singapore?

You can search timeline on this site.

[LilyJ 1,258]

If you go the K1 route you are not allowed to do work of any kind until you receive work authorization (after ~6 months), even if that work is online or abroad. Maybe the best route for you is CR1 so that you may continue to run your business without having to leave it for 5-7 months 

[DaveAndAnastasia 2,092]

You can see K-1 processing times reported by VJ users here: 

 

... and consulate-specific processing times for the embassy/consulate stage of the K-1 process here:

https://www.visajourney.com/timeline/stats.php?cfl=

 

The corresponding pages for CR-1/IR-1 are here:

and here:

https://www.visajourney.com/timeline/irstats.php?cfl=

 

There are only two K-1s and one IR-1 from Singapore with recent enough VJ timelines to show up, though, so the VJ averages for the embassy/consulate-specific part could be a bit skewed (for everything before the embassy/consulate stage, it doesn't matter where the beneficiary is from).

 

As for your business... I suspect (though I am not a lawyer or tax professional) that running it while in the US on a K-1 is at best skirting a legal gray area (you're definitely not allowed to work for a US employer until EAD or green card); from that perspective (and a few others), you're almost certainly better off on a CR-1 even though it takes longer.

[Ontarkie 14,227]

~~Moved to What Visas Do I Need, from K1 P&P - the OP is exploring their options~~

[LilyJ 1,258]

Already answered in the other thread but your best option is most likely CR1, as you cannot work while present in the US on a K1, even remotely from the house, until you get EAD, and you also can't leave the US without AP. Unless you can go 5-7 months without running your business and without leaving the US, you'd be better off waiting the extra few months processing time and going with CR1, that way you are able to travel immediately and able to continue running your business

[Ryan H 3,812]

~~~Duplicate threads merged; do not start multiple threads asking the exact same question.~~~