Anyone out there filed for their spouses countries PR Visa at the same time as your spouse applying for the CR1?

[wander2gether 0]

Hi Guys, 

So my partner and I are trying to decide on whats the best visa for us to go for. We are definately thinking the CR1 over the K1 but not liking the time apart. Were currently living in NZ and my visa expires in November. We will get Married this year but not until later on in the year as we want our families to be here for it. So if we apply for the CR1 at the end of the year it will be quite some time we will be spending apart. Then we thought is it possible (my partner is from Aus) if i applied for the partner visa there, that way i can go and live with her, whilst the CR1 is being processed. Has anybody done this or know if this is even possible to both apply for visas in eachothers countries at the same time? 

Thanks in Advance

 

[Just Paul 4,595]

5 hours ago, wander2gether said:

Hi Guys, 

So my partner and I are trying to decide on whats the best visa for us to go for. We are definately thinking the CR1 over the K1 but not liking the time apart. Were currently living in NZ and my visa expires in November. We will get Married this year but not until later on in the year as we want our families to be here for it. So if we apply for the CR1 at the end of the year it will be quite some time we will be spending apart. Then we thought is it possible (my partner is from Aus) if i applied for the partner visa there, that way i can go and live with her, whilst the CR1 is being processed. Has anybody done this or know if this is even possible to both apply for visas in eachothers countries at the same time? 

Thanks in Advance

 

Sure you can get a Visa to live with your spouse.   That in and of itself doesn't matter to USCIS.   What matters to the Department of State is that  you meet the domicile requirement of having a spousal visa issued.

 

In our case we had a few choices.   I was able to get / had a 1 year visa to live in the Philippines with Mary basically for free.   I have permanent residency on Mexico which could be extended to her.  Ultimately we decided that her taking the Mexico permanent residency made the most sense since I had a project there and more work in Central America  vs Southeast Asia.   So now she has two greencards.  The US doesn't care that she has a Mexican Green Card since she spends almost all her time in the US.

 

 

[NikLR 13,227]

9 hours ago, wander2gether said:

Hi Guys, 

So my partner and I are trying to decide on whats the best visa for us to go for. We are definately thinking the CR1 over the K1 but not liking the time apart. Were currently living in NZ and my visa expires in November. We will get Married this year but not until later on in the year as we want our families to be here for it. So if we apply for the CR1 at the end of the year it will be quite some time we will be spending apart. Then we thought is it possible (my partner is from Aus) if i applied for the partner visa there, that way i can go and live with her, whilst the CR1 is being processed. Has anybody done this or know if this is even possible to both apply for visas in eachothers countries at the same time? 

Thanks in Advance

 

A) if your intention is to get married this year that means the K1 is out (can you get married sooner and then have a large wedding celebration later? You don't need to tell anyone you're already married.)

B) yes you can go live in the foreign spouse's country during processing

B1) biggest concern is sponsorship. Income unless continuing cant be used. Joint sponsor or assets can be used

B2) reestablishing domicle or intent thereof. 

[wander2gether 0]

Thanks guys,

We will have already been living in NZ for a year by the time we have applied so we would still be in the same posiion with the income. I have a house in the states and all my family is there so i am sure someone will help sponsor in need be. 

Also if we got secretly married, dont you need to supply evidence of a wedding and testamonys from friends and family? i dont think this is an option for us anyway.

 

What i am concerned about is if USCIS find out i am applying for a permanent resident visa in Australia will that affect my spouse's application? They might see it that we dont have intent to stay in the USA?

 

 

[LilyJ 1,258]

35 minutes ago, wander2gether said:

Thanks guys,

We will have already been living in NZ for a year by the time we have applied so we would still be in the same posiion with the income. I have a house in the states and all my family is there so i am sure someone will help sponsor in need be. 

Also if we got secretly married, dont you need to supply evidence of a wedding and testamonys from friends and family? i dont think this is an option for us anyway.

 

What i am concerned about is if USCIS find out i am applying for a permanent resident visa in Australia will that affect my spouse's application? They might see it that we dont have intent to stay in the USA?

 

 

No, testimonies are actually the weakest form of evidence. Best bona fide relationship evidence, is things such as time spent together, shared bills, lease with both your names, etc. Living in Aus won’t affect your petition, plenty of people move to other countries while waiting for their spouse to receive a visa so that they don’t have to spend the whole time apart. What matters most is the issue of domicile/proving intent to domicile in the US and financial sponsorship around NVC stage. Also, CR1 is the best route to go if you want time to actually plan a wedding and make sure everyone is able to attend, imo, since you don’t have to worry about visa time constraints since you only petition after getting married. Though it will mean that it takes longer for you to be able to file, unless you decide to do a court marriage first, and wedding ceremony later. I already felt stressed enough planning our wedding and we had 5 months to plan it, since we decided to get married first and do CR1, and it was a fairly small wedding (less than 30 attendants). I can’t imagine only having less than 90 days to plan, I think my hair would have fallen out

[NikLR 13,227]

44 minutes ago, wander2gether said:

Thanks guys,

We will have already been living in NZ for a year by the time we have applied so we would still be in the same posiion with the income. I have a house in the states and all my family is there so i am sure someone will help sponsor in need be. 

Also if we got secretly married, dont you need to supply evidence of a wedding and testamonys from friends and family? i dont think this is an option for us anyway.

 

What i am concerned about is if USCIS find out i am applying for a permanent resident visa in Australia will that affect my spouse's application? They might see it that we dont have intent to stay in the USA?

 

 

When I saying continuing income, i mean continuing after moving to the USA.  

The US doesnt care if you are applying for residency elsewhere. 

As stated you dont need testimonials from friends or family and certainly not just because they attended a wedding. 

Edited January 19, 2020 by NikLR

[Just Paul 4,595]

5 hours ago, wander2gether said:

What i am concerned about is if USCIS find out i am applying for a permanent resident visa in Australia will that affect my spouse's application?

Does not matter.  USCIS does not ask that about the petitioner.  They essentially care that you are qualified, as a US Citizen, to file the petition and that the two of you are legally married to each other.  Department of State will want to know your plans about domicile of you do not live in the US.   Spousal visas are issues so that the spouses can live together in the US.

[wander2gether 0]

Thanks everyone you have been a great help! 

I just have one more question. once you apply for the CR1 you cannot enter the USA until its granted is this correct?

[carmel34 3,633]

44 minutes ago, wander2gether said:

Thanks everyone you have been a great help! 

I just have one more question. once you apply for the CR1 you cannot enter the USA until its granted is this correct?

No, lots of people visit the US on a tourist B visa or ESTA during the immigration visa process.  The foreign citizen just needs to show strong ties to their home country to convince the CBP officer that you will return to your home country after a short visit.  Entry to the US for non-citizens is always up to the CBP officer, some are turned away, some are admitted.  Always be 100% truthful at the POE to avoid problems down the road.

Edited January 20, 2020 by carmel34