Spouse visa concerns and advice

[endingdistance 0]

Hello,
Anyone here from Guatemala City looking into the Spouse visa for the U.S. or from another non LGBTQ rights country? I am from Guatemala City and my partner is from the U.S. and I am very lost and overwhelmed with the process of it all. My partner will move to Guatemala for a while because we are tired of the distance. We are a part of the lgbtq community, me being from a country that does not support gay rights, so in order to get married we would need to either go to the U.S. or marry in a third country, which is what we would want, however, if we go for the third country option, my partner would need to go back to the U.S. and live there, while we file for the spouse visa and I stay in Guatemala, correct? is there a way we could file for it, while we both live in Guatemala?

Someone I know from here, visited her at the time boyfriend in the U.S. bought a return plane ticket that showed at customs (3 months length) stayed there for 3 months and then married her husband as a lawyer advice. But, I don't even know if that is a good way to go about this? I want to keep everything fair and well done, and I worry if I buy a plane ticket for 3 months, they won't let me in or think it's sketchy (even if I were just visiting because I do work from home).  I am lost as to what to do and so any advice would help!

Thank you!

[Just Paul 4,594]

12 minutes ago, endingdistance said:

if we go for the third country option, my partner would need to go back to the U.S. and live there, while we file for the spouse visa and I stay in Guatemala, correct?

No, he can stay in Guatemala with you.   He will need to show domicile in the US, or the intent to re-establish domicile by the time of your interview.  We met in the Philippines, married in Hong Kong and lived and immigrated from Mexico.

 

14 minutes ago, endingdistance said:

Someone I know from here, visited her at the time boyfriend in the U.S. bought a return plane ticket that showed at customs (3 months length) stayed there for 3 months and then married her husband as a lawyer advice. But, I don't even know if that is a good way to go about this?

If you already have a VISA it is easy to visit.   You need to keep your ties to Guatemala.    

[geowrian 22,337]

17 minutes ago, endingdistance said:

so in order to get married we would need to either go to the U.S. or marry in a third country, which is what we would want, however, if we go for the third country option, my partner would need to go back to the U.S. and live there, while we file for the spouse visa and I stay in Guatemala, correct? is there a way we could file for it, while we both live in Guatemala?

Option 1 is a K-1 visa for a fiance/fiancee. You would marry in the US within 90 days of entry.

Option 2 is a spousal visa (CR-1). You can marry anywhere in the world where it is legal for you to do so, then start the process. Guatemala is fine if you want.

 

The petitioner can reside anywhere during the process...they do not need to be living in the US.

The only issue is the affidavit of support (I-134 for a K-1, I-864 for a spousal visa). If living abroad, they may not meet the income requirements and would need a co/joint sponsor.

 

At this point in time, I would lean towards a CR-1 visa over a K-1. This is in part due to a spouse being exempt from recent EOs, and would presumably still be so in he future, in the event things in Guatemala go poorly with regards to COVID.

 

Quote

Someone I know from here, visited her at the time boyfriend in the U.S. bought a return plane ticket that showed at customs (3 months length) stayed there for 3 months and then married her husband as a lawyer advice. But, I don't even know if that is a good way to go about this? I want to keep everything fair and well done, and I worry if I buy a plane ticket for 3 months, they won't let me in or think it's sketchy (even if I were just visiting because I do work from home).  I am lost as to what to do and so any advice would help!

I don't know the details of her case. It sounds like she decided to stay after entry. The 3 month delay suggest by the attorney was likely a result of the so-called 90 day rule (or 30/60/90 day rule at the time).

That's a myth, though....it has no impact on AOS (the process of getting a green card in the US). It's a myth many lawyers are either unaware of or knowingly use to cause fear that their services are needed.

 

Anyway...

You cannot come to the US on a tourist visa (or most non-immigrant visas) with intent to stay. that would be fraud. You must always enter the US with intent to leave, barring those few visas that allow staying (like a K-1 visa).

Edited June 25, 2020 by geowrian

[millefleur 5,043]

**Moved from  IR-1 / CR-1 Spouse Visa Case Filing and Progress Reports to  IR-1 / CR-1 Spouse Visa Process & Procedures**

[endingdistance 0]

1 hour ago, Paul & Mary said:

No, he can stay in Guatemala with you.   He will need to show domicile in the US, or the intent to re-establish domicile by the time of your interview.  We met in the Philippines, married in Hong Kong and lived and immigrated from Mexico.

 

If you already have a VISA it is easy to visit.   You need to keep your ties to Guatemala.    

Do you know if my American partner needs a working visa in Guatemala for the spouse process? or does the U.S. don't care about that? I am asking because, in Guatemala you can come and go with a tourist visa and live here, so long as you don't stay more than 6 months, but they are very relax with that here, so my partner will come and live here with no sponsor, because it is not needed. But I dont know if for the spouse visa she will need to have a Guatemalan job. 

[Just Paul 4,594]

1 minute ago, endingdistance said:

does the U.S. don't care about that?

US doesn't care.   But I'd obey the laws of Guatemala.

 

[endingdistance 0]

1 hour ago, geowrian said:

Option 1 is a K-1 visa for a fiance/fiancee. You would marry in the US within 90 days of entry.

Option 2 is a spousal visa (CR-1). You can marry anywhere in the world where it is legal for you to do so, then start the process. Guatemala is fine if you want.

 

The petitioner can reside anywhere during the process...they do not need to be living in the US.

The only issue is the affidavit of support (I-134 for a K-1, I-864 for a spousal visa). If living abroad, they may not meet the income requirements and would need a co/joint sponsor.

 

At this point in time, I would lean towards a CR-1 visa over a K-1. This is in part due to a spouse being exempt from recent EOs, and would presumably still be so in he future, in the event things in Guatemala go poorly with regards to COVID.

 

I don't know the details of her case. It sounds like she decided to stay after entry. The 3 month delay suggest by the attorney was likely a result of the so-called 90 day rule (or 30/60/90 day rule at the time).

That's a myth, though....it has no impact on AOS (the process of getting a green card in the US). It's a myth many lawyers are either unaware of or knowingly use to cause fear that their services are needed.

 

Anyway...

You cannot come to the US on a tourist visa (or most non-immigrant visas) with intent to stay. that would be fraud. You must always enter the US with intent to leave, barring those few visas that allow staying (like a K-1 visa).

Thank you both!

Asking the same question as I did to the other person in the event you know (Im also sorry if this isnt the right way to ask, I am new here and I am still learning how to use this)

Do you know if my American partner needs a working visa in Guatemala for the spouse process? or does the U.S. don't care about that? I am asking because, in Guatemala you can come and go with a tourist visa and live here, so long as you don't stay more than 6 months, but they are very relax with that here, so my partner will come and live here with no sponsor, because it is not needed. But I dont know if for the spouse visa she will need to show proof of a Guatemalan job or something like that. 

[Just Paul 4,594]

The US petitioner will need to show domicile in the US or the intent to re-establish domicile prior to your visa being issued.   In fact it can come up at the NVC stage too.   Any money earned outside the US will not count unless it is from a US source or would continue from a US source.

 

When we lived in Mexico,  I was still being paid from my US job and kept all my ties to the US.  We had to supply proof that I still had US domicile.

[geowrian 22,337]

18 minutes ago, endingdistance said:

Do you know if my American partner needs a working visa in Guatemala for the spouse process? or does the U.S. don't care about that? I am asking because, in Guatemala you can come and go with a tourist visa and live here, so long as you don't stay more than 6 months, but they are very relax with that here, so my partner will come and live here with no sponsor, because it is not needed. But I dont know if for the spouse visa she will need to show proof of a Guatemalan job or something like that. 

The US doesn't care about the petitioner's status anywhere in the world. They only care that they are a US citizen.

Edit: But yes, local laws should be followed...you don't want anybody getting in trouble.

 

As noted earlier, for the I-134 (K-1: at the interview) or I-864 (CR-1: At NVC) the petitioner will need to show current income to support you. This must at least 125% of the federal poverty level (https://www.uscis.gov/i-864p). Above this is suggested...the CO makes a public charge decision based upon a totality of the circumstances, not just the minimum.

A co sponsor (I-134) or joint sponsor (I-864) can be used if the petitioner's income is insufficient.

 

Only income that will continue from the same source upon return to the US will qualify for this purpose. Income earned abroad that will stop when moving back to the US does not qualify.

Liquid assets can be used alongside or in lieu of income. For your circumstances, assets would considered at a 3:! ratio ($3 assets = $1 income).

Edited June 25, 2020 by geowrian

[endingdistance 0]

22 minutes ago, geowrian said:

The US doesn't care about the petitioner's status anywhere in the world. They only care that they are a US citizen.

Edit: But yes, local laws should be followed...you don't want anybody getting in trouble.

 

As noted earlier, for the I-134 (K-1: at the interview) or I-864 (CR-1: At NVC) the petitioner will need to show current income to support you. This must at least 125% of the federal poverty level (https://www.uscis.gov/i-864p). Above this is suggested...the CO makes a public charge decision based upon a totality of the circumstances, not just the minimum.

A co sponsor (I-134) or joint sponsor (I-864) can be used if the petitioner's income is insufficient.

 

Only income that will continue from the same source upon return to the US will qualify for this purpose. Income earned abroad that will stop when moving back to the US does not qualify.

Liquid assets can be used alongside or in lieu of income. For your circumstances, assets would considered at a 3:! ratio ($3 assets = $1 income).

THANK YOU SO MUCH! this has helped SO much and I feel way better about everything now. I'm sure I will have more questions once the process starts but for now this has taken so much weight off my shoulders, thank you!

[endingdistance 0]

36 minutes ago, Paul & Mary said:

The US petitioner will need to show domicile in the US or the intent to re-establish domicile prior to your visa being issued.   In fact it can come up at the NVC stage too.   Any money earned outside the US will not count unless it is from a US source or would continue from a US source.

 

When we lived in Mexico,  I was still being paid from my US job and kept all my ties to the US.  We had to supply proof that I still had US domicile.

THANK YOU SO MUCH! knowing this allows us to do everything right since the beginning and preparing ourselves for it. keeping ties to the US makes complete sense and definitely something I hadn't thought much, thank you!