Advice On Getting Married Out of the Country or K1 Choice

[Maury&I 2]

Greetings Fellow Members,

So my situation is a little more difficult, aka red tape and other matters, than the average story here. I am engaged to a Venezuelan lady living in Ecuador on a Humanitarian Visa. We had planned to get married last year while i was in Ecuador but then the pandemic hit, embassies were closed, other problems arose, and i returned to the USA unwed to her. We had decided it would be easier and cheaper to be wed in Ecuador but now that didn't happen and i overstayed my tourist visa in Ecuador due to the pandemic, therefore; i'm waiting to hear when i will be allowed back in Ecuador if we decide to get married there. So her Visa is now due this year and the cost of it has gone up a ton. She doesn't want to pay for it to stay in Ecuador due to being unhappy there and the hopes of us being together here in the USA.   She says there also is a small window for the documents before they expire of the ones she gets from Venezuela to be used in regards to us getting married in Ecuador.   WIth all that's happening with our situation, i'm not sure what the best option is anymore. Get married in Ecuador, apply for a K1-visa, or another option that i haven't thought of? Thanks in advance for everyone's advice and recommendations. 

[Dashinka 24,439]

It seems there are a lot of factors involved here.  If she cannot or does not want to stay in Ecuador, will she end up going back to Venezuela?  Is she willing to stay until you find out when you can next go to Ecuador?  You could also look at another country such as Mexico, but of course travel expenses might be an issue.  This one is a tougher situation as I would almost always recommend the spousal visa ahead of a K1, but in this case a K1 might be the better option, but it is hard to say with all the Covid factors involved with the consulates.

 

I guess if you can swing the cost, I would file the I129F as you should have proof that your have met in person in the last two years, and if consulates open up, who knows what the timing will be, and if you find a better option after that you can always pull the I129F.

 

Good Luck!

[SalishSea 17,771]

1 hour ago, Maury&I said:

Greetings Fellow Members,

So my situation is a little more difficult, aka red tape and other matters, than the average story here. I am engaged to a Venezuelan lady living in Ecuador on a Humanitarian Visa. We had planned to get married last year while i was in Ecuador but then the pandemic hit, embassies were closed, other problems arose, and i returned to the USA unwed to her. We had decided it would be easier and cheaper to be wed in Ecuador but now that didn't happen and i overstayed my tourist visa in Ecuador due to the pandemic, therefore; i'm waiting to hear when i will be allowed back in Ecuador if we decide to get married there. So her Visa is now due this year and the cost of it has gone up a ton. She doesn't want to pay for it to stay in Ecuador due to being unhappy there and the hopes of us being together here in the USA.   She says there also is a small window for the documents before they expire of the ones she gets from Venezuela to be used in regards to us getting married in Ecuador.   WIth all that's happening with our situation, i'm not sure what the best option is anymore. Get married in Ecuador, apply for a K1-visa, or another option that i haven't thought of? Thanks in advance for everyone's advice and recommendations. 

If you are a USC, you can petition her, but there is little chance she would get the visa during 2021.  COVID has created a huge backlog in all channels along the way.  Most consulates haven't even been doing K-1 visa interviews.

[Ryan H 3,812]

Moved from IR-1/CR-1 Process & Procedures to What Visa Do I Need - Family Based Immigration forum.

[JKLSemicolon 410]

How long did you overstay? Did you pay a fine before you left? Here's what the law says regarding overstays for tourist visas (p. 47, Art. 146, my interpretation only and I am not a lawyer):

 

a. Foreigners that entered as tourists with a 90-day authorized stay, didn't ask for an extension, and overstayed, can't go back to Ecuador for 2 years starting from the departure date unless they pay a fine of two "salarios básicos" (which I think is $400x2 = $800 right now)

b. Same thing for those granted an extension but then overstayed beyond 180 days (2-year ban unless you pay the fine).

c. (This one is worded poorly) Foreigners who entered the country as tourists and left after an authorized stay of 180 days can come back after 9 months, and tourists who left after an authorized stay of 90 days can come back after 6 months, unless they enter with a consular visa.

 

So I think, for example, that if you overstayed past 180 days and paid the fine, you could then come back after the normal 9-month wait, but the wording does not make it 100% clear to me at least. Regardless, you might still be able to bypass any ban/waiting period by applying for a 12-X or other visa at the nearest Consulate of Ecuador in the US.

 

If you were to get married in Ecuador these are the requirements that would apply to you:

 

https://www.registrocivil.gob.ec/solicitud-de-celebracion-de-matrimonio-en-sede-si-uno-de-los-contrayentes-es-extranjero-no-residente/

https://ec.usembassy.gov/u-s-citizen-services/local-resources-of-u-s-citizens/marriage-and-divorce/

 

I'm not sure how much time you have spent together, but I would not let her visa timeline in Ecuador (or the costs of renewal, etc.) be the determining factor as far as far as when or how soon you get married.

 

Would you plan to be in the U.S. for most of the time after sending in a petition, or would you consider staying abroad with her during the process? That would probably also factor into your decision.

 

If she stays in Ecuador you will most likely have an easier time visiting her, but she will have to continue to live in a society that can be unwelcoming towards Venezuelans these days.

 

Having first gone the K-1 route before starting over with the CR-1/IR-1, in hindsight the latter was a better fit for our situation, but everyone is different.

[Maury&I 2]

On 3/5/2021 at 7:57 PM, JKLSemicolon said:

How long did you overstay? Did you pay a fine before you left? Here's what the law says regarding overstays for tourist visas (p. 47, Art. 146, my interpretation only and I am not a lawyer):

 

a. Foreigners that entered as tourists with a 90-day authorized stay, didn't ask for an extension, and overstayed, can't go back to Ecuador for 2 years starting from the departure date unless they pay a fine of two "salarios básicos" (which I think is $400x2 = $800 right now)

b. Same thing for those granted an extension but then overstayed beyond 180 days (2-year ban unless you pay the fine).

c. (This one is worded poorly) Foreigners who entered the country as tourists and left after an authorized stay of 180 days can come back after 9 months, and tourists who left after an authorized stay of 90 days can come back after 6 months, unless they enter with a consular visa.

 

So I think, for example, that if you overstayed past 180 days and paid the fine, you could then come back after the normal 9-month wait, but the wording does not make it 100% clear to me at least. Regardless, you might still be able to bypass any ban/waiting period by applying for a 12-X or other visa at the nearest Consulate of Ecuador in the US.

 

If you were to get married in Ecuador these are the requirements that would apply to you:

 

https://www.registrocivil.gob.ec/solicitud-de-celebracion-de-matrimonio-en-sede-si-uno-de-los-contrayentes-es-extranjero-no-residente/

https://ec.usembassy.gov/u-s-citizen-services/local-resources-of-u-s-citizens/marriage-and-divorce/

 

I'm not sure how much time you have spent together, but I would not let her visa timeline in Ecuador (or the costs of renewal, etc.) be the determining factor as far as far as when or how soon you get married.

 

Would you plan to be in the U.S. for most of the time after sending in a petition, or would you consider staying abroad with her during the process? That would probably also factor into your decision.

 

If she stays in Ecuador you will most likely have an easier time visiting her, but she will have to continue to live in a society that can be unwelcoming towards Venezuelans these days.

 

Having first gone the K-1 route before starting over with the CR-1/IR-1, in hindsight the latter was a better fit for our situation, but everyone is different.

      Thanks for your help. I just found out that "we think" that i will be able to return the first of April, 2021. My overstay was pardoned with the "no fault tourist visa extension" they implemented for the pandemic, 2020. I was just told something completely different when i was leaving the country by an airport immigration officer by have had it confirmed that i will be allowed back 365 days from the time of my entry, not the 9 months from the time of my exit that the airport I.O. told me. The 365 days from the time of your entry is the regulation or law, granted Ecuador, things change depending on the month and what I.O. you talk to.  LOL 

So with this new information, i can return to Ecuador and get married there. I would return to the USA and wait until she's permitted to join me here unless they would allow her to enter in Fort Lauderdale as a married woman when i return in April.  LOL   

With this new information, what is the fastest way of getting her here to the USA? Filing a petition or CR1?  What form should i file and start the process to start the ball a moving?

 

During the pandemic, I was there for over 10 months so it's very hard to go back to this long distance relationship but financially i can not afford to live in Ecuador until she is approved unless my lotto ticket numbers are pulled. UGH 

Speaking of financials, does anyone know what number the poverty amount # is taken from if your self-employed, your gross or net profit?  
Thanks again for helping

 

[JKLSemicolon 410]

 

1 hour ago, Maury&I said:

      Thanks for your help. I just found out that "we think" that i will be able to return the first of April, 2021. My overstay was pardoned with the "no fault tourist visa extension" they implemented for the pandemic, 2020. I was just told something completely different when i was leaving the country by an airport immigration officer by have had it confirmed that i will be allowed back 365 days from the time of my entry, not the 9 months from the time of my exit that the airport I.O. told me. The 365 days from the time of your entry is the regulation or law, granted Ecuador, things change depending on the month and what I.O. you talk to.  LOL

 

I have read on other sites that the 9 months can be extended to 12 months, but I'm not sure where that comes from since it is not written in the law that I referenced.

 

1 hour ago, Maury&I said:

So with this new information, i can return to Ecuador and get married there. I would return to the USA and wait until she's permitted to join me here unless they would allow her to enter in Fort Lauderdale as a married woman when i return in April.  LOL   

With this new information, what is the fastest way of getting her here to the USA? Filing a petition or CR1?  What form should i file and start the process to start the ball a moving?

 

During the pandemic, I was there for over 10 months so it's very hard to go back to this long distance relationship but financially i can not afford to live in Ecuador until she is approved unless my lotto ticket numbers are pulled. UGH 

Speaking of financials, does anyone know what number the poverty amount # is taken from if your self-employed, your gross or net profit?  
Thanks again for helping

 

Both a K-1 or CR-1/IR-1 visa start with "filing a petition". You should really start by reading the Immigration Guides on this website because they will answer a lot of your questions. Just ignore the part about K-3 visas since they are all but extinct.

 

Unless she already has some other U.S. visa, then she will not be able to enter the country at Fort Lauderdale or anywhere else. Marrying you will not change that until/unless you submit an I-130 petition that results in her being issued a CR-1/IR-1 visa. If going that route, you should conservatively estimate 18-24 months for that from start to finish (meaning 18-24 months of a long-distance relationship after marriage if you're going to stay in the U.S.). If it takes less time, then consider it a pleasant surprise, but it's important not to have unrealistic expectations.

 

No one likes long distance, but many (most?) of the members here have had to endure it.

 

The other alternative is to not get married and go the K-1 route instead, get married in the U.S., and have her adjust status. This used to be slightly faster but since the pandemic started it might not be. It's also going to be the more expensive route and results in a period of time in limbo in the U.S. without permission to work or leave the country, etc. Again, read the guide for a comparison.

 

If you want to "get the ball rolling" right now, your only option is the I-129F (K1) route, because the I-130 can only be filed after marriage. But I encourage you to read through the guides carefully before rushing into anything.

[Maury&I 2]

23 hours ago, JKLSemicolon said:

 

I have read on other sites that the 9 months can be extended to 12 months, but I'm not sure where that comes from since it is not written in the law that I referenced.

 

 

Both a K-1 or CR-1/IR-1 visa start with "filing a petition". You should really start by reading the Immigration Guides on this website because they will answer a lot of your questions. Just ignore the part about K-3 visas since they are all but extinct.

 

Unless she already has some other U.S. visa, then she will not be able to enter the country at Fort Lauderdale or anywhere else. Marrying you will not change that until/unless you submit an I-130 petition that results in her being issued a CR-1/IR-1 visa. If going that route, you should conservatively estimate 18-24 months for that from start to finish (meaning 18-24 months of a long-distance relationship after marriage if you're going to stay in the U.S.). If it takes less time, then consider it a pleasant surprise, but it's important not to have unrealistic expectations.

 

No one likes long distance, but many (most?) of the members here have had to endure it.

 

The other alternative is to not get married and go the K-1 route instead, get married in the U.S., and have her adjust status. This used to be slightly faster but since the pandemic started it might not be. It's also going to be the more expensive route and results in a period of time in limbo in the U.S. without permission to work or leave the country, etc. Again, read the guide for a comparison.

 

If you want to "get the ball rolling" right now, your only option is the I-129F (K1) route, because the I-130 can only be filed after marriage. But I encourage you to read through the guides carefully before rushing into anything.

Good day, i believe we have some great news and i'm not sure if you guys have heard. So with this new policy of not refusing vetted Venezuelans entry into the United States, what's your new suggestions?  I also have a video of this being discussed that i can gladly share if anyone is interested. It also is in Spanish. 

[iy2020 118]

6 minutes ago, Maury&I said:

Good day, i believe we have some great news and i'm not sure if you guys have heard. So with this new policy of not refusing vetted Venezuelans entry into the United States, what's your new suggestions?  I also have a video of this being discussed that i can gladly share if anyone is interested. It also is in Spanish. 

That only applies to Venezuelans currently residing in the United States.

Quote

WASHINGTON—Secretary of Homeland Security Alejandro N. Mayorkas is designating Venezuela for Temporary Protected Status (TPS) for 18 months, until September 2022. This new designation of TPS for Venezuela enables Venezuelan nationals (and individuals without nationality who last resided in Venezuela) currently residing in the United States to file initial applications for TPS, so long as they meet eligibility requirements.

Quote

Only individuals who can demonstrate continuous residence in the United States as of March 8, 2021 are eligible for TPS under Venezuela’s designation.

Source: https://www.dhs.gov/news/2021/03/08/secretary-mayorkas-designates-venezuela-temporary-protected-status-18-months

Edited March 9, 2021 by iy2020

[Maury&I 2]

9 hours ago, iy2020 said:

That only applies to Venezuelans currently residing in the United States.

Source: https://www.dhs.gov/news/2021/03/08/secretary-mayorkas-designates-venezuela-temporary-protected-status-18-months

Well back to reality. LOL Thanks for updating and clarify it. 

[Maury&I 2]

On 3/8/2021 at 10:45 AM, JKLSemicolon said:

 

I have read on other sites that the 9 months can be extended to 12 months, but I'm not sure where that comes from since it is not written in the law that I referenced.

 

 

Both a K-1 or CR-1/IR-1 visa start with "filing a petition". You should really start by reading the Immigration Guides on this website because they will answer a lot of your questions. Just ignore the part about K-3 visas since they are all but extinct.

 

Unless she already has some other U.S. visa, then she will not be able to enter the country at Fort Lauderdale or anywhere else. Marrying you will not change that until/unless you submit an I-130 petition that results in her being issued a CR-1/IR-1 visa. If going that route, you should conservatively estimate 18-24 months for that from start to finish (meaning 18-24 months of a long-distance relationship after marriage if you're going to stay in the U.S.). If it takes less time, then consider it a pleasant surprise, but it's important not to have unrealistic expectations.

 

No one likes long distance, but many (most?) of the members here have had to endure it.

 

The other alternative is to not get married and go the K-1 route instead, get married in the U.S., and have her adjust status. This used to be slightly faster but since the pandemic started it might not be. It's also going to be the more expensive route and results in a period of time in limbo in the U.S. without permission to work or leave the country, etc. Again, read the guide for a comparison.

 

If you want to "get the ball rolling" right now, your only option is the I-129F (K1) route, because the I-130 can only be filed after marriage. But I encourage you to read through the guides carefully before rushing into anything.

Thanks for your advice. I was joking about Fort Lauderdale. Yes, i understand and have read much about having to endure the long wait for all the red tape to clear. We have been dating for a while and understand the long distance relationship and wait is extremely difficult at times. Living with her for months during last year was a blessing and a curse, if you know what i mean. Adjusting to living alone again definitely has it's pros and cons.