Dutch/American + Italian couple. Want to get married in US while on vacation. Thoughts?

[dottiesmom 2]

Hi all.

 

From what I gather, it will be easier for my significant other and I to be married and then apply for the CR-1 or IR-1 visa (if enough time passes by the time we apply) than doing the K-1. However, I am not sure what the benefit of the spousal visa is over the K-1, but everyone tells me the spousal is better for our situation. He is a Dutch national and I am an Italian/American national (born and raised in US), living together in Italy for 2+ years now and together since 2014. 

 

I have a few questions:

• Is it okay if we get married in the US while on vacation and then return to Italy?
• I have done some research and saw it can take 11-17 months to get the CR-1 or IR-1 visa. Do we have to spend this time waiting outside the US? Or can we move to the US conditionally while it is still processing? If we have to wait for it OUTSIDE the US I am thinking the K-1 might be better for us because even though we don't intend to move to the US until 2022 or 2023 we like the flexibility of being able to move to the US and wait for processing (assuming you can't be in the US while awaiting the CR-1/IR-1).
• Is there anything else we should know?

 

Many thanks for this forum; it's a godsend!

Edited December 1, 2020 by dottiesmom

[designguy 1,179]

24 minutes ago, dottiesmom said:

• Is it okay if we get married in the US while on vacation and then return to Italy? Yes many do this
• I have done some research and saw it can take 11-17 months to get the CR-1 or IR-1 visa. Do we have to spend this time waiting outside the US? Or can we move to the US conditionally while it is still processing? If we have to wait for it OUTSIDE the US I am thinking the K-1 might be better for us because even though we don't intend to move to the US until 2022 or 2023 we like the flexibility of being able to move to the US and wait for processing (assuming you can't be in the US while awaiting the CR-1/IR-1). You can visit but you can't live in the US while its processing. The K1 would probably take closish to a year to get anyways and with the K1 your spouse wont be able to work for 6+ months when they arrive. If you time it well enough in advance the CR1 it totally doable for a 22/23 move
• Is there anything else we should know?

 

Edited December 1, 2020 by designguy

[dottiesmom 2]

We're okay with him not working. Is that the only downside to the K1?

[JeanneAdil 6,677]

1 minute ago, dottiesmom said:

We're okay with him not working. Is that the only downside to the K1?

no,  to AOS after marriage in  US  it is costly and the fees have been approved to go up to over $2000 (on hold right now and we don't know when this will happen) At present the cost is  $1225 

As a USC,  you are the one who needs to show income supports the 2 of you and income will continue when you come back to US

also,  you need to have filed all IRS tax returns while doing any work outside the US (or provide a IRS statement saying you did not have to )

you need a US residency but can live there and return prior to his entry at POE

[HRQX 4,145]

35 minutes ago, dottiesmom said:

We're okay with him not working. Is that the only downside to the K1?

As Jeanne mentioned the K-1 path is ultimately the way more expensive path. Also, Naples is expected to have K-1 backlog because of the President's Schengen Area proclamation. CR-1 isn't affected by that proclamation.

1 hour ago, dottiesmom said:

Is it okay if we get married in the US while on vacation and then return to Italy?

Yes, many people marry during ESTA visit. But to currently enter the US you would have to spend 2 weeks in unrestricted country (e.g. Mexico, Croatia, Serbia, Turkey, South Korea, etc.) before attempting US entry:

 

[dottiesmom 2]

We're not in a rush to get to the US and marry.

 

Quote

also,  you need to have filed all IRS tax returns while doing any work outside the US (or provide a IRS statement saying you did not have to )

you need a US residency but can live there and return prior to his entry at POE

 

What do you mean by this? I file US taxes every year. What is meant by "US residency"? We both live in Italy.

[HRQX 4,145]

37 minutes ago, dottiesmom said:

What is meant by "US residency"? We both live in Italy.

https://travel.state.gov/content/travel/en/us-visas/immigrate/the-immigrant-visa-process/step-1-submit-a-petition/i-864-affidavit-faqs.html

A sponsor who is not currently living in the United States may meet the domicile requirement if he or she can submit evidence to establish that any of the following conditions apply:

• The sponsor is employed by certain organizations as defined below.
• The sponsor is living abroad temporarily and has maintained his or her domicile in the United States.
• The sponsor intends in good faith to establish his or her domicile in the United States no later than the date of the intending immigrant’s admission to the United States.

[Chancy 6,243]

10 hours ago, dottiesmom said:

Is it okay if we get married in the US while on vacation and then return to Italy?

 

Yes.  Perfectly legal to marry in the US, return to Italy soon after, then start the spouse visa process.

 

10 hours ago, dottiesmom said:

I have done some research and saw it can take 11-17 months to get the CR-1 or IR-1 visa. Do we have to spend this time waiting outside the US? Or can we move to the US conditionally while it is still processing?

 

Whether you pursue K1 or CR1, the foreign national cannot move to the US while waiting for their visa.  They can visit if they have ESTA or a tourist visa, but they cannot live in the US.

 

The US citizen can live anywhere while waiting for their beneficiary's visa process to complete.  There is an advantage to waiting in the US as it will enable the US citizen to meet the financial support and domicile requirements for their beneficiary's immigration.  For those who choose to wait outside the US with their loved one, there are other options in order to meet the requirements (get qualified joint sponsor, build up enough assets, take steps to establish domicile).

 

9 hours ago, dottiesmom said:

We're okay with him not working. Is that the only downside to the K1?

 

At the end of the K1 process, your beneficiary gets a single-entry visa, 90 days of legal status in the US, and the privilege to apply for a green card through adjustment of status after marriage.  As others have mentioned, AOS is another expensive immigration process that could last many months or even years.  Until the new immigrant gets their work authorization+travel permit or their green card, they cannot work, they cannot return to the US if they leave, and in some states, they cannot even drive.  Some have also reported having trouble getting an SSN, which then leads to hassles in getting health insurance and opening bank accounts.

 

At the end of the CR1/IR1 process, your beneficiary gets permanent resident status immediately upon entry to the US.  Their spouse visa with US entry stamp will serve as their temporary green card for 1 year while waiting for their plastic green card in the mail.  No need to go through AOS process.  In the meantime, they can work and travel freely.  Also, they'll have an easier time getting their SSN and driver's license.

 

[dottiesmom 2]

The spousal visa is clearly the way to go. 

 

Does anyone know what the asset floor is for a non-US residing spouse? Or what "steps to elect domicile" are?

[Chancy 6,243]

5 minutes ago, dottiesmom said:

Does anyone know what the asset floor is for a non-US residing spouse? Or what "steps to elect domicile" are?

 

How can a sponsor use assets to meet the minimum Federal Poverty Guidelines?

https://travel.state.gov/content/travel/en/us-visas/immigrate/i-864-affidavit-faqs.html#aos13

 

How can a financial petitioner establish a domicile?

https://travel.state.gov/content/travel/en/us-visas/immigrate/i-864-affidavit-faqs.html#aos23

 

[dottiesmom 2]

Ah, okay. So assets only come into play if you don't meet the federal poverty guidelines. 

[Chancy 6,243]

Just now, dottiesmom said:

Ah, okay. So assets only come into play if you don't meet the federal poverty guidelines. 

 

Yes.  Note that the consul officer will only consider US-based income or income that you will earn when you are in the US.  Even if you have more than enough income in Italy now, if that income will not continue when you move to the US, your qualifying income for the I-864 is still 0.