Can my US spouse stay with me while we wait for the CR1?

[CowokPintar 7]

Hi everyone! 

 

My fiancee and I just got engaged and would like some advice from you all. We are planning on getting married in my home country since my parents cannot travel to the USA and it is important to us that they be there. We'd then apply for a CR1 visa but my question is, could she stay with me while the visa is being processed or does she need to go back to the US? 

 

Thank you! 

[carmel34 3,626]

13 minutes ago, CowokPintar said:

Hi everyone! 

 

My fiancee and I just got engaged and would like some advice from you all. We are planning on getting married in my home country since my parents cannot travel to the USA and it is important to us that they be there. We'd then apply for a CR1 visa but my question is, could she stay with me while the visa is being processed or does she need to go back to the US? 

 

Thank you! 

The process will take 12-18 months if all goes well, from the date of filing the I-130 petition for a CR-1.  In that time, she can stay with you as long as she wants to, if she has permission from the Mexican government (visitor visa?) but keep in mind that near the end of the process, a few months before the visa interview for you, she will need to complete an I-864 that shows she has sufficient US-based income to sponsor you, plus evidence of her US domicile.  To satisfy those requirements, she may have to return to the US six months prior to your visa interview, or get a qualified joint sponsor in the US.  Some returning US citizens have also been successful showing evidence to re-establish US domicile, with an apartment lease, US bank account, US driver's license, job offer, etc. so that they don't have to move before their spouse.  Spousal visa interviews in Mexico are backed up as well, so it could take longer than 18 months.  Do more research on what is required for the CR-1 process, it is long, frustrating, and expensive.  Also visit the Mexico forum here on VJ to check on how long it takes with the interview backlog.  Good luck!

Edited February 12, 2020 by carmel34

[CowokPintar 7]

5 minutes ago, carmel34 said:

The process will take 12-18 months if all goes well, from the date of filing the I-130 petition for a CR-1.  In that time, she can stay with you as long as she wants to, if she has permission from the Mexican government (visitor visa?) but keep in mind that near the end of the process, a few months before the visa interview for you, she will need to complete an I-864 that shows she has sufficient US-based income to sponsor you, plus evidence of her US domicile.  To satisfy those requirements, she may have to return to the US six months prior to your visa interview, or get a qualified joint sponsor in the US.  Some returning US citizens have also been successful showing evidence to re-establish US domicile, with an apartment lease, US bank account, US driver's license, job offer, etc. so that they don't have to move before their spouse.  Spousal visa interviews in Mexico are backed up as well, so it could take longer than 18 months.  Do more research on what is required for the CR-1 process, it is long, frustrating, and expensive.  Also visit the Mexico forum here on VJ to check on how long it takes with the interview backlog.  Good luck!

Okay, thank you! So, would you say that in my case a K1 would be better than a CR1? 

[Crazy Cat 41,850]

22 minutes ago, CowokPintar said:

Okay, thank you! So, would you say that in my case a K1 would be better than a CR1? 

Based on what you have posted, I absolutely recommend the CR-1.  A K-1 REQUIRES the marriage takes place in the US.

 

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

K-1
    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
    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 12, 2020 by missileman

[Crazy Cat 41,850]

***Topic moved to "What Visa Do I Need?" discussion area.***

[Just Paul 4,595]

For Mexico your "fiancee" can stay with you for up to 180 days from the day of entry.  If by Air he gets a FMT at the airport.   If by land he needs to stop and get a tourist visa.  After getting married go to an IMN office and apply for residency for him.  Getting Permanent  Residency is probably preferred because that will let him come and go and stay as long as needed even if you return only to visit.  Temporary Resident visa are issued for 1,2,3 or 4 years and have to be renewed.

 

I got Mary a Permanent Resident Visa in Hong Kong a month after we married.  It was $37 and was issued in 5 hours.  Once she got to Sonora we went into IMN and paid for her green card that arrived about 6 weeks later.  It was the easiest Visa interview she ever had.