Some Clarity

[jadmac 8]

Hello, 

 

So some context: My partner is an American citizen, we're same sex, we've met frequently. 

As you probably know Covid has thrown a spanner in the works. We were planning on a fiance visa, but from what I've read people now seem to be recommending a marriage visa instead. 

So my questions are as follows: 

1. Would you recommend a marriage visa during this period? (Are they being processed etc). 
2. What is the typical process of us marrying in another country and getting it recognised in the US? 

Any help would be appreciated. I realise it is a very complex process, but just want some clarity. 

 

[onek 306]

42 minutes ago, jadmac said:

Hello, 

 

So some context: My partner is an American citizen, we're same sex, we've met frequently. 

As you probably know Covid has thrown a spanner in the works. We were planning on a fiance visa, but from what I've read people now seem to be recommending a marriage visa instead. 

So my questions are as follows: 

1. Would you recommend a marriage visa during this period? (Are they being processed etc). 
2. What is the typical process of us marrying in another country and getting it recognised in the US? 

Any help would be appreciated. I realise it is a very complex process, but just want some clarity. 

 

1. One of the main thing that you should consider is the air travel. Are you able to travel to that country and come back without an issue? If that’s not a problem, then you can move forward.  Both take about the same time. With marriage, you get PR card immediately while it can take years with fiancé.

 

2. If your spouse is in one of the countries which recognizes same sex marriages, then US will recognize it as well. No further action needed to get it recognized in the US.

[jadmac 8]

24 minutes ago, onek said:

1. One of the main thing that you should consider is the air travel. Are you able to travel to that country and come back without an issue? If that’s not a problem, then you can move forward.  Both take about the same time. With marriage, you get PR card immediately while it can take years with fiancé.

 

2. If your spouse is in one of the countries which recognizes same sex marriages, then US will recognize it as well. No further action needed to get it recognized in the US.

Thank you for your response! 

1. So are the applications still being processed? Is it true that marriage applications are being prioritised? 
2. I'm in the UK, they are in the US, we currently can't travel to eachother's countries so are looking for somewhere we can both travel to. 
3. Can we potentially marry in this other "country". 

The plan was for us to go to another, get married and start the visa process, just trying to figure out how feasible that is. 

[onek 306]

1. Yes, both the marriage and fiancé applications are being processed. I am not sure if one is being prioritized vs the other due to Covid.

 

3. You have to search the “other” country and confirm that they allow you to marry and register your marriage legally. 

[Ontarkie 14,225]

~~Moved to What Visa Do I Need, from Off TOpic - the OP is exploring options.~~

[jadmac 8]

Thanks again @onek

[NikLR 13,227]

As note generally the I-129F is processed faster than the I-130.  There is less of a burden to prove a relationship, you just provide evidence of meeting in the last 2 years. 

K1 generally means faster together, slower to green card and more expensive.  It doesn't take years for the AOS segment but can take up to about a year. 

Starting in October the the work authorization and travel document are no longer included in the cost of the AOS so the cost of AOS increases significantly if the foreign spouse wishes to work or travel abroad during the AOS period.  

 

So to be clear, personally I recommend the IR1/CR1 spousal visa, especially for someone from a vwp country that won't generally have issues visiting. It will take longer to be together, but you will have more freedom once here.  On VJ we have often seen this to help a marriage once you move to the USA but it definitely can be harder while waiting during the process. Weigh the pros and cons as a couple and decide what's best for you.  Obviously marriagr is hard right now with the travel bans. 

[jadmac 8]

20 hours ago, NikLR said:

As note generally the I-129F is processed faster than the I-130.  There is less of a burden to prove a relationship, you just provide evidence of meeting in the last 2 years. 

K1 generally means faster together, slower to green card and more expensive.  It doesn't take years for the AOS segment but can take up to about a year. 

Starting in October the the work authorization and travel document are no longer included in the cost of the AOS so the cost of AOS increases significantly if the foreign spouse wishes to work or travel abroad during the AOS period.  

 

So to be clear, personally I recommend the IR1/CR1 spousal visa, especially for someone from a vwp country that won't generally have issues visiting. It will take longer to be together, but you will have more freedom once here.  On VJ we have often seen this to help a marriage once you move to the USA but it definitely can be harder while waiting during the process. Weigh the pros and cons as a couple and decide what's best for you.  Obviously marriagr is hard right now with the travel bans. 

Hey, thanks for the information. 

So neither is a clear cut decisions...seems like each have pros and cons. 

How exactly are you expected to prove a relationship for the spousal visa? 

With regards to the cost increases...what is the difference between the present and proposed changes? And is the work authorization and travel document only required until you wait for the AOS? 
 

[NikLR 13,227]

5 hours ago, jadmac said:

Hey, thanks for the information. 

So neither is a clear cut decisions...seems like each have pros and cons. 

How exactly are you expected to prove a relationship for the spousal visa? 

With regards to the cost increases...what is the difference between the present and proposed changes? And is the work authorization and travel document only required until you wait for the AOS? 
 

Read the guides.

Evidence of a genuine bona-fide marriage vs evidence of meeting.  You're not "proving" a marriage.  The marriage certificate does that.  The evidence of the genuine relationship with regular communication and co-mingling of lives is a little different.  UK isn't high fraud, so unless you're originally from a high fraud country the bar isn't that high.  There are lots of posts about bona fide relationship evidence.  

 

With a CR1/IR1 you have a green card right away so you are authorized to work and travel outside the USA. With adjustment of status you are not authorized to work or travel while the AOS is pending, so you would have to apply for those separately.  The fees are on the USCIS website.  I believe the K1 will run over 3k in total (plus travel, medical, and police certificate costs) after October 2nd if you want to work or travel outside the USA while the AOS is processing.