Long-distance relationship - Immigration in a non-COVID scenario - K1 or CR-1?!

[TamMhmd 210]

4 hours ago, emmewalle said:

• How was it dealing with the folks over here in the UAE?  Were they accommodating?
• Did you get married in the UAE? I think we will get married in LA at a court (I was hoping they would be doing this on Zoom like NY 🙃) as soon as they open up DXB-LAX-DXB flights, so we can get the ball rolling.  I am going to sit down tonight and review all the documents and start filling them out and compiling all our 'evidence'. 
• How are things with your situation now? How are you able to see one another? And, how long have you lived apart? 
• Also, which state are you in now? I read somewhere that you don't necessarily have to apply *to* the state you are moving to.  i.e. I will be moving to LA, but the processing stats are the slowest, so will probably choose a different centre to apply to - do you know if that is possible?
• Did you apply by hand or online? I hear they lose/mishandle paperwork (in the US) a lot, so I'm really worried about that.

Hi!

 

UAE was pretty organized (to my surprise since Emirates ID was a hassle..) with the needed documents for police certificates and all once you are at the NVC stage. My husband did it all online and got it within 24 hours. 

 

I got married in Jordan, my husband's home country. If you get married in LA, read up or maybe someone can speak up on that in this forum. To my knowledge, you shouldn't get married while visiting  as a tourist. 

 

Evidence -- living in Dubai we loved to travel because it is such a great airport hub. We printed out ticket stubs and a few photos form each location. We also had friends and family write affidavits of when they came to visit us in Dubai and their experience and interactions with us over the years of our dating. 

 

The situation SUCKS. haha I moved form Dubai to Singapore for 2.5 years because of a job promotion so since 2017 we have been apart since then. I am back in the USA now since Oct 2019 and the distance and time zone is even more challenging. Silver lining is that with COVID-19 we have more time to chat on the phone and go for walks etc. We global trot a lot, when I lived in Asia we went to most countries around there and he visited Singapore a lot. I go to Dubai at least once a year and also Jordan from time to time. It is challenging but really builds stronger relationships! 

 

I live in California. When I sent in my documents I sent it in to Chicago lockbox (only option if you are sending it in from abroad) and then the service center was randomly assigned. I got assigned Texas Service Center. 

 

I applied by mailing in all my documents. I think when I submitted, I didn't have the online option. I read about that option a few times now via this forum but I wasn't aware or it wasn't available to me then. 

 

Mhmd and I are fortunate enough that we both have good jobs, we could have had him come over on K-1 but I think he would go stir crazy and we wanted to be able to still have double income (he works while we do this immigration fiasco process) so we could still have our traveling lifestyle. It isn't that bad because when we reconnect, we are both taking time off work and really present for each other! And LA is helluh expensive (I am in San Francisco Bay area, it's comparable) so it worked out that he is still getting that Dubai salary and all the super amazing perks - car, house allowance etc.

 

Hope this helps, and sorry it is so long! 

[SalishSea 17,833]

7 hours ago, emmewalle said:

i.e. I will be moving to LA, but the processing stats are the slowest, so will probably choose a different centre to apply to - do you know if that is possible?

No. Otherwise everyone would be doing that.  Petitions are sent by the petitioner to a lockbox and then dispatched to service centers based on some internal USCIS algorithm.

Edited April 27, 2020 by Jorgedig

[SalishSea 17,833]

7 hours ago, emmewalle said:

Side question: at what stage does the ability to live in the US under a CR-1 happen? is it after the I-30 is approved? If so, I don't think that's tooo bad, I've read a bunch of posts on the applications (if done correctly and thoroughly), can be approved as quickly as a month, but there may be a backlog of applications especially with COVID and the ban.

Expect  > one year given existing processing times + COVID.

[retheem 566]

13 hours ago, emmewalle said:

Great point!! 😵 Just need to see how this is affected by Trump's new ban.  Does anyone know if I can still apply during this 'ban' and then wait for them to process it once it clears? or better to apply once it has fully cleared?  I read somewhere that spousal Immigration is on hold too - but I could be mistaken - been reading so many different pieces over the last 24 hours..

With CR1/ IR1 you are safe. K-1 is not completely off the hook contrary to what people say. Remember, it is a non immigrant visa to begin with. And Trump said he will review things in 30 days and see what kind of additional restrictions he would put. Do your math from there.  The whole legal immigration system would have to be shut down so as to affect CR1/IR1 visas. Ultimately the decision is yours to make, but i would advise you to think outside the box here. And yes, apply asap just in case he says no more new petitions.

Edited April 28, 2020 by retheem

[emmewalle 8]

4 hours ago, retheem said:

With CR1/ IR1 you are safe. K-1 is not completely off the hook contrary to what people say. Remember, it is a non immigrant visa to begin with. And Trump said he will review things in 30 days and see what kind of additional restrictions he would put. Do your math from there.  The whole legal immigration system would have to be shut down so as to affect CR1/IR1 visas. Ultimately the decision is yours to make, but i would advise you to think outside the box here. And yes, apply asap just in case he says no more new petitions.

Thanks! I think the best we can do for now is fill in all the paperwork.  Given that we are not married, that would be step 1.  Once the marriage license comes through, we can submit the paperwork accordingly.

 

Just to clarify, does the CR-1 visa fall under this new ban?

[geowrian 22,337]

7 minutes ago, emmewalle said:

Just to clarify, does the CR-1 visa fall under this new ban?

Spouse of a USC is exempt from the most recent EO.

[emmewalle 8]

2 minutes ago, geowrian said:

Spouse of a USC is exempt from the most recent EO.

Sweeet! Just need to find a way to get married now

[emmewalle 8]

14 hours ago, geowrian said:

If you plan to interview in UAE, you must maintain legal residence there. Otherwise you would need to interview where you currently legally reside or hold citizenship.

Thanks, but what if my residency in the UAE somehow ends? whether on my own or through repatriation measures by the UAE - as in they would send me back 'home' (Canada).... I'm sure the US Immigration would recognize that especially with everything going on....

 

14 hours ago, geowrian said:

What exact qualifies is something to ask the embassy/consulate. They make all decisions on who they will interview for an immigrant visa (note that no such requirement exists for non-immigrant visas...although a K-1 is treated like an immigrant visa for this purpose).

I don't get what you mean by that ^

 

14 hours ago, geowrian said:

You can technically stay however long as CBP grants upon entry. This could be 1 day. It often is 6 months with B-1/B-2 status. It can technically be up to 1 year. Although there are tax consequences if you meet the substantial presence test for tax residency.

That said, if it appears you are living in the US, CBP is more inclined to deny entry on your next visit. The general rule is to spend more time abroad than within the US. Spending twice as long outside as inside is even better.

I was talking to my dad about this last night, and he asked me why I can't just stay in the US on my tourist visa for up to the max, and I quoted you on this  so thanks! My question is - when do you find out how long you can stay? is it at the airport upon arrival on each trip? or is it decided before hand and you need to stick to it? Sorry for all the questions, but getting a bit disheartened today given that someone clarified that with current wait times + COVID, we are looking at upwards of a year. I think we'll have to find ways to meet up as much as we can (even more so than we were doing)  

 

14 hours ago, geowrian said:

The only time you are permitted to live in the US is once the immigrant visa has been issued and you enter on it.

There was a recent case of somebody getting the I-130 approved in a month. Although this is like winning the lottery twice in a week...the norm was the better part of a year pre-COVID, and signs are it is not likely to speed up in the immediate future.

I haven't looked at the entire process yet (going to do that this week) - and will start compiling the documents/paperwork/evidence. Is the I-130 then considered the actual immigrant visa?

[geowrian 22,337]

1 minute ago, emmewalle said:

Thanks, but what if my residency in the UAE somehow ends? whether on my own or through repatriation measures by the UAE - as in they would send me back 'home' (Canada).... I'm sure the US Immigration would recognize that especially with everything going on....

If your residency ends, you can have the case transferred to wherever you now reside and/or hold citizenship.

 

1 minute ago, emmewalle said:

I don't get what you mean by that ^

It means ask the consulate if you have any questions about liability to interview. They make the final call.

 

1 minute ago, emmewalle said:

I was talking to my dad about this last night, and he asked me why I can't just stay in the US on my tourist visa for up to the max, and I quoted you on this  so thanks! My question is - when do you find out how long you can stay? is it at the airport upon arrival on each trip? or is it decided before hand and you need to stick to it? Sorry for all the questions, but getting a bit disheartened today given that someone clarified that with current wait times + COVID, we are looking at upwards of a year. I think we'll have to find ways to meet up as much as we can (even more so than we were doing)  

Understandable, and it's a common question/concern for people mid-process.

You find out how long you can stay when you are admitted to the country (when you go through US immigration). They will provide an I-94 stamp in the passport with the date you can stay until. This can also be viewed online: https://i94.cbp.dhs.gov/I94/

 

1 minute ago, emmewalle said:

I haven't looked at the entire process yet (going to do that this week) - and will start compiling the documents/paperwork/evidence. Is the I-130 then considered the actual immigrant visa?

The I-130 is the petition. The petition - once approved - allows the alien to apply for an immigrant visa.

It will go from I-130 petition -> lockbox -> service center (SC) -> (may or  may not be transferred to another SC) -> Approved -> NVC (https://www.visajourney.com/wiki/index.php/NVC_Process) -> Consulate processing -> interview -> Administrative Processing (AP) Visa -> Issued -> POE

So there's a bunch of steps in the process. Most of the time tends to be  adjudication of the I-130. Then a few months at NVC. Then a couple/few months at the consulate. At least that's the case for most people.

[NikLR 13,227]

On 4/27/2020 at 5:10 AM, emmewalle said:

Thank you to everyone who has taken the time to read, respond and share their insights! Much appreciated; a community like this definitely helps demystify the arduous immigration process.

 

After discussion this with my BF, we have decided to proceed with the CR-1 option, given that with everything going on, spousal relation is considered a stronger case. 

 

Hence, we are looking to tie the knot in the US courts as soon as travel opens up.  However, in terms of options on a way forward we were brainstorming on the following, and we were hoping to get some guidance/feedback:

 

Option 1:

• US court marriage
• CR-1 application from the UAE 
• Frequently travel between Dubai/LA or meet up globally once a month until the entry to the US is granted (or have him work remotely from Dubai so we can get some living time together)
• Once completed, move to the US

Option 2:

• US court marriage
• CR-1 application from the UAE 
• Frequently travel between Dubai/LA for a period of 6 months (gives me time to wrap up here)
• For the remainder of the process (I assume another 6 months???), move back to Canada (2h flight from LA) so that meeting up is more frequent/closer for both of us. However, given that I have applied from the UAE, am I required to continue living here until my process completes? 
• Does anyone know how long I can stay in the US for on my visits?  If we do this option, does the 6 month stay validity on a tourist entry still apply given my CR-1 paperwork is in process?
• Once completed, move to the US 

Side question: at what stage does the ability to live in the US under a CR-1 happen? is it after the I-30 is approved? If so, I don't think that's tooo bad, I've read a bunch of posts on the applications (if done correctly and thoroughly), can be approved as quickly as a month, but there may be a backlog of applications especially with COVID and the ban.

 

THANK YOU EVERYONE!

 

You can move after thr visa is granted not after thr I-130 is approved.  An I-130 does not grant any immigration benefits. There is still the NVC,  medical, and interview.  

As a Canadian you get a de-facto 6m B2 withoit having to apply for one. However you can still be denied entry if they think you're trying to live in the USA.  While you're overseas and 10 day visits are more expensive and difficult, I do suggest shorter visits vs longer. 

Because you're Canadian you can interivew in Canada or wherever you have legal residency (like the UAE.)  I think deciding where you want to live will depend on your job but also look at interview wait times.  Only Montreal processes immigrant visas in Canada. Before the covid19 issues, they were taking 6 months after your case was qualified at the NVC to book an interview (about a month out.)  I dont know what time frame the UAE is looking at. 

As a reminder you will need a police certificate from Canada. 

[Boiler 45,519]

AP may extend the usual time lines.

[emmewalle 8]

2 hours ago, NikLR said:

You can move after thr visa is granted not after thr I-130 is approved.  An I-130 does not grant any immigration benefits. There is still the NVC,  medical, and interview.  

As a Canadian you get a de-facto 6m B2 withoit having to apply for one. However you can still be denied entry if they think you're trying to live in the USA.  While you're overseas and 10 day visits are more expensive and difficult, I do suggest shorter visits vs longer. 

Because you're Canadian you can interivew in Canada or wherever you have legal residency (like the UAE.)  I think deciding where you want to live will depend on your job but also look at interview wait times.  Only Montreal processes immigrant visas in Canada. Before the covid19 issues, they were taking 6 months after your case was qualified at the NVC to book an interview (about a month out.)  I dont know what time frame the UAE is looking at. 

As a reminder you will need a police certificate from Canada. 

Thanks! yeah, someone mentioned previously on the longer wait times for Canada.  Think I'll stick to the UAE for now though, not planning on leaving anytime soon.  

 

Thanks for the reminder on the police cert from Canada - totally forgot about that.  I need to look up how to do this from abroad - when I lived there, I did mine in person for a security check, so I'm HOPING they have an abroad option.

I bucked down a couple of days ago and tried to gather as much paperwork as I could.... 

 

As for the visits, I think I'll do an every other month visit (once applied) for 5-6 days each, which should be OK from what I've read online.  I mean, at the end of the day, we need to visit each other and I can 100% prove that I have strong ties to the UAE (job, lease, car, etc).  @geowrian made some great points in the posts below if you're interested:

On 4/28/2020 at 9:40 AM, geowrian said:

Understandable, and it's a common question/concern for people mid-process.

You find out how long you can stay when you are admitted to the country (when you go through US immigration). They will provide an I-94 stamp in the passport with the date you can stay until. This can also be viewed online: https://i94.cbp.dhs.gov/I94/

 

On 4/28/2020 at 9:31 AM, emmewalle said:

You can technically stay however long as CBP grants upon entry. This could be 1 day. It often is 6 months with B-1/B-2 status. It can technically be up to 1 year. Although there are tax consequences if you meet the substantial presence test for tax residency.

That said, if it appears you are living in the US, CBP is more inclined to deny entry on your next visit. The general rule is to spend more time abroad than within the US. Spending twice as long outside as inside is even better.

 

[emmewalle 8]

2 hours ago, Boiler said:

AP may extend the usual time lines.

What is AP? 

[Boiler 45,519]

Just now, emmewalle said:

What is AP? 

Additional Processing, security checks, particularly relevant where Pakistan is involved.

[emmewalle 8]

Just now, Boiler said:

Additional Processing, security checks, particularly relevant where Pakistan is involved.

Ah, thanks!  I don't think pakistan would be involved, I have no history of living there...