Marriage question

[Chene 4]

So I been in Dominican republic 9 months so far.planning on going home to California end of july.k1 visa question.is it highly recommended to marry her in Dr to include marriage papers with the k1 visa form?my plan is to go home n send in the k1 visa form in the mail then in November come back to Dr and marry her in nov.what do you guys think? 

[Quarknase 1,072]

There's no such thing as being married and file a K1.

You either are engaged and file a K1, marry within 90 days when your fiancee enters the country and the file for Adjustment of Status, Work authorization etc, or you get married now, then file an I-130 petition for spouse, go through NVC/Consular processing of immigrant visa upon approval of the petition, and your spouse will be a permanent resident upon entry in the US.

[Timona 4,207]

If you file K1, you have to marry in the US.

If you get married in DR, you file CR1...

 

Those are 2 different processes that don't mix and match.

 

[Chene 4]

So basically leave the Dr marriage alone n go for the USA k1 visa marriage correct?

[Allaboutwaiting 2,503]

1 hour ago, Chene said:

So basically leave the Dr marriage alone n go for the USA k1 visa marriage correct?

Or marry now and file for a spousal visa.

[Chene 4]

1 minute ago, Allaboutwaiting said:

Or marry now and file for a spousal visa.

I can't marry her in dr right now.i need to go back to USA  to county office and reprint my birth certificate.old birth certificate is old and a bit wrinkled.get

police record report.(I have nothing cept ticket for drinking in public)plus get single status affidavit paper.i guess it's easier to just go back home n fill in the k1.il be back in 4 months.

[Allaboutwaiting 2,503]

2 minutes ago, Chene said:

I can't marry her in dr right now.i need to go back to USA  to county office and reprint my birth certificate.old birth certificate is old and a bit wrinkled.get

police record report.(I have nothing cept ticket for drinking in public)plus get single status affidavit paper.i guess it's easier to just go back home n fill in the k1.il be back in 4 months.

The K1 visa, though generally quicker, is not as convenient as the CR1/IR1 visa, as it requires you to file for adjustment of status once you get married in the US and your spouse cannot travel abroad nor work for 6+months.

 

With the spousal visa, your wife will become a permanent resident at entry, no adjustment required. 

[Chene 4]

I forgot to mention.she gives birth in November.do I need to marry her in the Dr so the baby can get usa citizen?🙈

[carmel34 3,633]

1 hour ago, Chene said:

I forgot to mention.she gives birth in November.do I need to marry her in the Dr so the baby can get usa citizen?🙈

As long as you're listed as the father on the birth certificate, and qualify to pass on US citizenship to your son/daughter, you can get a US passport for the baby, regardless of where the baby is born or whether you're married or not.

Edited July 3, 2020 by carmel34

[Chene 4]

Thank you so much guys

[Quarknase 1,072]

1 hour ago, Chene said:

Thank you so much guys

I would honestly consider getting married in DR and file for the CR1 spousal visa. @Lucky Cat was it you with this amazing pro & con list?

 

Filing adjustment of status in the US after K1 is a time intensive process and your then spouse won’t be a legal permanent resident for a while. Not to mention that it’s more costly overall, and the I-944 public charge form that needs to be filled out when adjusting from within the country.

Just my 2 cents...

[Crazy Cat 41,888]

Just now, Quarknase said:

I would honestly consider getting married in DR and file for the CR1 spousal visa. @Lucky Cat was it you with this amazing pro & con list?

 

Filing adjustment of status in the US after K1 is a time intensive process and your then spouse won’t be a legal permanent resident for a while. Not to mention that it’s more costly overall, and the I-944 public charge form that needs to be filled out when adjusting from within the country.

Just my 2 cents...

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.
  �

 

[Chene 4]

Does anyone know if us embassy in Dominican republic allow joint sponser for cr1?

[HRQX 4,145]

4 hours ago, Chene said:

so the baby can get usa citizen?

How much time have you been physically present in the US? Also calculate how much time after you turned 14. https://do.usembassy.gov/u-s-citizen-services/birth/transmit-citizenship/

"Child born abroad to one U.S. Citizen parent and one non U.S. Citizen

 

A child born on or after November 14, 1986. A child born outside of the United States to one U.S. citizen parent and one non-U.S. citizen parent may be entitled to citizenship providing the U.S. citizen parent had been physically present in the United States or one of its outlying possessions for five years, at least two years of which were after s/he reached the age of fourteen. This period of physical presence must have taken place prior to the birth of the child."

 

https://it.usembassy.gov/u-s-citizen-services/child-family-matters/birth/crba-2/ "Proof of physical presence in the United States of the U.S. citizen parent(s). Good examples of proof of physical presence include school records, university transcripts and employment records. Please refer to our website to review the physical presence requirements for transmission of citizenship and ensure you are bringing sufficient evidence to demonstrate the length of presence in the U.S. required for your circumstances"

Edited July 4, 2020 by HRQX

[Chene 4]

14 minutes ago, HRQX said:

How much time have you been physically present in the US? Also calculate how much time after you turned 14. https://do.usembassy.gov/u-s-citizen-services/birth/transmit-citizenship/

"Child born abroad to one U.S. Citizen parent and one non U.S. Citizen

 

A child born on or after November 14, 1986. A child born outside of the United States to one U.S. citizen parent and one non-U.S. citizen parent may be entitled to citizenship providing the U.S. citizen parent had been physically present in the United States or one of its outlying possessions for five years, at least two years of which were after s/he reached the age of fourteen. This period of physical presence must have taken place prior to the birth of the child."

 

https://it.usembassy.gov/u-s-citizen-services/child-family-matters/birth/crba-2/ "Proof of physical presence in the United States of the U.S. citizen parent(s). Good examples of proof of physical presence include school records, university transcripts and employment records. Please refer to our website to review the physical presence requirements for transmission of citizenship and ensure you are bringing sufficient evidence to demonstrate the length of presence in the U.S. required for your circumstances"

Interesting.i been in USA all my life.going to need to dig up some school records