Which path to take

[EstebanB 3]

My girlfriend of 5+ years is an USC. She was born in the USA but moved to Argentina as a baby and never lived there. We've been engaged for 2 years know (very romantic proposal @ Central Park)

 

We've recently decided to move to the US and started browsing for the available options (I have spent countless hours here on VJ)

 

By now we have narrowed the options to three:

 

• Get a K1 Visa for me and get married in the US
• Get married in argentina and start the CR1 visa process
• Travel to the US on B1, get married and then apply for AOS

 

Which path do you believe is the more apt for us? and also which path is the one that would allow me to get a work permit sooner?

 

 

Edited June 29, 2020 by EstebanB

[Letspaintcookies 2,308]

Well #3 is immigration fraud so you can cross that of your list.

If you want to be a functional member of society immediate after your arrival you should chose the CR1.

[Crazy Cat 41,594]

Option 1 is possible.

Option 2 is possible.

Option 3 is visa fraud, and it can bring harsh penalties.

 

I recommend option 2....CR-1

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 June 29, 2020 by Lucky Cat

[EstebanB 3]

Thanks for all your answers. I wasn't sure of the third path but know i've done a little reading on single/dual purpose visas and of course that option is clearly off the list.

 

@Lucky Cat i cannot be more grateful for the detailed explanation you put effort in writing. Thanks a lot for that.

 

We'll start on the CR1 ASAP. Will keep you posted.

[Crazy Cat 41,594]

4 minutes ago, EstebanB said:

Thanks for all your answers. I wasn't sure of the third path but know i've done a little reading on single/dual purpose visas and of course that option is clearly off the list.

 

@Lucky Cat i cannot be more grateful for the detailed explanation you put effort in writing. Thanks a lot for that.

 

We'll start on the CR1 ASAP. Will keep you posted.

Good Luck.........I have my analysis copied and pasted on my laptop wall paper.  I have posted it many, many times here on VJ.....😀

Edited June 29, 2020 by Lucky Cat

[Mollie09 1,543]

Has your girlfriend been filing US taxes as is required for all US citizens?

[EstebanB 3]

51 minutes ago, Mollie09 said:

Has your girlfriend been filing US taxes as is required for all US citizens?

No, but we're working with a lawyer on that issue. 

[carmel34 3,610]

Your girlfriend soon to be wife will be your primary financial sponsor.  She will need sufficient income in the US or have enough liquid assets to satisfy the public charge concern or find a qualified co-sponsor.  She will also need to show evidence of US domicile or intent to re-establish US domicile for your eventual visa interview, that is a year or more away so there's lots of time to work these things out, similar to what she is doing by filing IRS tax returns in the US for her income earned abroad, for at least the past three years.  To satisfy US income and US domicile requirements, she may need to move to the US to get a job and a place to live before your visa interview, so you may have a period of months where you have to live apart if you want to live together in the US.  Good luck!

[EstebanB 3]

42 minutes ago, carmel34 said:

Your girlfriend soon to be wife will be your primary financial sponsor.  She will need sufficient income in the US or have enough liquid assets to satisfy the public charge concern or find a qualified co-sponsor.  She will also need to show evidence of US domicile or intent to re-establish US domicile for your eventual visa interview, that is a year or more away so there's lots of time to work these things out, similar to what she is doing by filing IRS tax returns in the US for her income earned abroad, for at least the past three years.  To satisfy US income and US domicile requirements, she may need to move to the US to get a job and a place to live before your visa interview, so you may have a period of months where you have to live apart if you want to live together in the US.  Good luck!

Thanks, the timing of those things (moving there, getting a job and all the domicile requirements, etc) is what worries me the most now. But i'm sure we will figure that out. 

[GoodbyeArgentina 17]

Hi Esteban!

We lived in Argentina for a long time with my US citizen  husband (who came to Argentina very young too). I filed for IR-1 because I have been married for more than 2 years.
 

I  definitely recommend getting married and file for CR-1 as everything will be smoother and you will be able to work immediately after arriving.

It is not true that your wife should move before you! The process ahead is extremely stressful and long to be separated, I am thankful we could be together and wait in Argentina.  We came all together at the same time (US husband, me, and our IR-2 visa kids). There are some steps your wife will have to follow to show intention of re-establishing her domicile here and also you will have to keep an eye on the tax documents needed and the income requirements for your sponsor. But if you are organised and follow the process you won’t have any problems. 
 

Feel free to PM me in spanish or english!

[EstebanB 3]

1 hour ago, GoodbyeArgentina said:

Hi Esteban!

We lived in Argentina for a long time with my US citizen  husband (who came to Argentina very young too). I filed for IR-1 because I have been married for more than 2 years.
 

I  definitely recommend getting married and file for CR-1 as everything will be smoother and you will be able to work immediately after arriving.

It is not true that your wife should move before you! The process ahead is extremely stressful and long to be separated, I am thankful we could be together and wait in Argentina.  We came all together at the same time (US husband, me, and our IR-2 visa kids). There are some steps your wife will have to follow to show intention of re-establishing her domicile here and also you will have to keep an eye on the tax documents needed and the income requirements for your sponsor. But if you are organised and follow the process you won’t have any problems. 
 

Feel free to PM me in spanish or english!

Thanks @GoodbyeArgentina for your message. It's very conforting even in a forum that specific as this is meeting someone with a case so similar as you. You bring me a lot of peace with fact that we can make everything from here and emigrate once all the papers are in order. Be sure i'll be taking you up on that offer and you will get a meesage from me more sooner than later.

[SalishSea 17,736]

5 hours ago, GoodbyeArgentina said:

It is not true that your wife should move before you! The process ahead is extremely stressful and long to be separated, I am thankful we could be together and wait in Argentina.  We came all together at the same time (US husband, me, and our IR-2 visa kids). There are some steps your wife will have to follow to show intention of re-establishing her domicile here and also you will have to keep an eye on the tax documents needed and the income requirements for your sponsor. But if you are organised and follow the process you won’t have any problems. 

This would only work if OP has a qualified joint sponsor.

[GoodbyeArgentina 17]

6 hours ago, Jorgedig said:

This would only work if OP has a qualified joint sponsor.

Not really. It is true that a joint sponsor is always very helpful, but in my case, my husband was my only sponsor and we were still able to move together. It all depends what type of work your sponsor has. He was able to sponsor me as self employed and showing his previous tax returns, letters of what he does, etc. 

[EstebanB 3]

57 minutes ago, Pulmargiz said:

Get K1 visa and get married in the US is the best option to follow.

Thanks @Pulmargiz But in that case I (the beneficiary) might be on us soil without being able to work or leave the country for at least 5/6 months don't I? Maybe i'm losing something but thats the time I read te EAD and the AP takes to process right? 

[SalishSea 17,736]

1 hour ago, EstebanB said:

Thanks @Pulmargiz But in that case I (the beneficiary) might be on us soil without being able to work or leave the country for at least 5/6 months don't I? Maybe i'm losing something but thats the time I read te EAD and the AP takes to process right? 

5-6 months is optimistic.  With the widespread USCIS furloughs and the existing backups for biometrics, I'd count on at least 8 months, if not longer.