Varios Questions on K-1 Process

[L&C ARG 0]

Hi All,

This community is incredibly helpful. We have a number of questions that we'd love to get people's thoughts on. Quick backround: 

 

+ We are an engaged couple that is planning on moving to the U.S. in september because one of us (the U.S. citizen) is starting grad school. 

 

+ My fiancée is an Argentine citizen. She currently has a long-term tourist visa

 

We've decided to go with the K-1 process. We know it's not an ideal from a work perspective for my fiancée, but we understand it gives us the best shot at being together in the U.S. as soon as possible (our primary goal).

 

Here go the questions.

 

1) We understand that even though we have both been living outside the U.S. for the last 3.5 years, we can go through the K-1 process. I understand that I need to be "domiciled" in the U.S. Currently in the U.S. I have:

- A bank account (registered to my parents' address)

- An investment account (registered to my parents' address)

- Credit cards I use regularly (registered to my parents' address)

- Have paid taxes the last 3 years

- I have voted in the U.S. in the 2016 election and will do so again for 2020

 

Do I qualify as being "domiciled" in the U.S.? At what point do we have to send proof of being "domiciled" (when sending the I-129F or later on?) Anything else I need to be aware of since I'm applying from abroad?

 

2) For the application, do we have to translate proof documents such as bank statements, bills or plane tickets in Spanish? If so, do they have to be done by an "official" translator?

 

3) If the K1 is not approved by September, can my fiancée go to US with tourist visa to visit me at least periodically? Or would that be a problem?

 

4) Once we get the K1, get married and start the EAD process, could my fiancée still work remote for her Argentine employer being paid in Argentina? This while waiting for the EAD process. 

 

Thanks so much. This community is everything!

 

[Crazy Cat 42,691]

1.  That may or may not fit the consulate's definition of domicile.  All but one those things you listed can easily be done by someone living anywhere in the world.  

2.  All documents sent to USCIS must be translated.  Anyone fluent in both languages can certify the translation by attaching the approved USCIS translation statement.

3.  Visiting during the process is allowed....providing she can show evidence of strong ties to her country and intent to return after the short visit.  Permission to enter is determined at the time of entry and is at the discretion of CBP. 

4.  Working without valid authorization (EAD) is illegal. That is only one benefit of a CR-1 over a K-1.

[Lance27 21]

10 minutes ago, L&C ARG said:

 

 

3) If the K1 is not approved by September, can my fiancée go to US with tourist visa to visit me at least periodically? Or would that be a problem?

 

4) Once we get the K1, get married and start the EAD process, could my fiancée still work remote for her Argentine employer being paid in Argentina? This while waiting for the EAD process. 

3. Yes she can visit on the tourist visa. It's up to CBP to parole people in though.

 

4. No. She cannot work.

 

10 minutes ago, L&C ARG said:

Thanks so much. This community is everything!

 

Hopefully someone can help you out on 1 and 2.

 

Good luck.

[JFH 12,191]

If you haven’t started yet, I’d recommend a good long think about whether the K-1 really is right for you. I see nothing in what you have posted that suggests the K-1 is a good choice. In fact, your point number 4 is completely at odds with a K-1. 
 

You say you want to be together as quickly as possible. Every single one of us gets that and wishes that for ourselves too. We don’t love our spouses or fiancés any less than you do so we completely understand that. 
 

However, that’s a classic case of thinking with your heart not your head. To be together a few months quicker (and what’s a few months when you have decades ahead of you?) you are considering depriving your fiancé of an income and career progression for many months. Depending on the industry she’s in, for every month out of action it can take multiple months to get back to the original stage. She will be able to do nothing except volunteer for a charity for months and months. Depending on the state you are moving to she may not be able to drive for months. In many parts of the USA beyond the big cities that can leave you almost housebound. If a family member becomes ill or dies she would not be able to leave the country to go home and return. She can leave, it’s coming back that’s the issue. 
 

Immigration is a hugely emotional and overwhelming journey. The only thing that saved my sanity (apart from the love and support of my husband) in those early weeks was going to work and doing the job I love and that I spent years and years studying for. I didn’t spend 7 years in university doing 2 degrees to sit at home. Also earning money and not being worried about finances was a relief too. 
 

Marriage and immigration are long-term decisions and require long-term plans, despite our hormones. 

Edited February 2, 2020 by JFH

[Crazy Cat 42,691]

@JFH is correct........

 

This is my analysis:

 

Every couple has their own priorities, and each couple must decide which visa is better for their situation.

K-1
    Slightly faster arrival in the US 
    More expensive than CR-1    
    Requires Adjustment of Status after marriage (expensive and requires a lot of paperwork)    
    Spouse can not leave the US until she/he receives approved Advance Parole (approx 5-6 months)    
    Spouse can not work until she/he receives EAD (approx 5-6 months)    
    Some people have had problems with driver licenses, Social Security cards, leases, bank account during this period    
    Spouse will not receive Green Card for many months after Adjustment of Status is filed.

  

CR-1
    Slightly slower arrival in the US 

    Less expensive than K-1    
    No Adjustment of Status(I-485, I-131, I-765) required.    
    Spouse can immediately travel outside the US    
    Spouse is authorized to work immediately upon arrival.    
    Spouse receives Social Security Card and Green Card within 2 or 3 weeks after entering the US    
    Opening a bank account, getting a driver's license, etc. are very easily accomplished with GC, SS card, and passport.

    Spouse has legal permanent Resident status IMMEDIATELY upon entry to US.
  �

 

Edited February 2, 2020 by missileman

[L&C ARG 0]

Thanks all. Super helpful.

 

I understand where the CR1 promoters are coming from. Big question for you all: are visits on a tourist visa allowed during the CR1 process?

 

Also, what worries me most right now is the "domiciled" part. Any more advice on that would be super helpful.

Thank you!

[Crazy Cat 42,691]

Just now, L&C ARG said:

 

I understand where the CR1 promoters are coming from. Big question for you all: are visits on a tourist visa allowed during the CR1 process?

 

Also, what worries me most right now is the "domiciled" part. Any more advice on that would be super helpful.

Thank you!

Yes, as long as the visitor can show evidence of strong ties to home country and convince the CBP that he/she will return after the short visit.  Every entry of a non-US Citizen is at the discretion of CBP.

[JFH 12,191]

12 minutes ago, L&C ARG said:

Thanks all. Super helpful.

 

I understand where the CR1 promoters are coming from. Big question for you all: are visits on a tourist visa allowed during the CR1 process?

 

Also, what worries me most right now is the "domiciled" part. Any more advice on that would be super helpful.

Thank you!

Visits are certainly permitted during the process. I visited several times. Granted, I am from a VWP country so had an easier ride through CBP than others but it’s possible for all. 

[Unlockable 7,316]

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[Ryan H 3,834]

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[Tacos 70]

I went through the birth abroad for my son to be granted US citizenship, I showed the same things you wanted, however the embassy in Bogota sent me an email asking for my school transcripts, DD-214 (military discharge papers), and a copy of the lease for my apartment. Probably the same standards as evidence for the K1, my paperwork is in the system with USCIS for my fiancé and I, at least our son is finally a dual citizen.