Marry Here or There: Ghana Fiancee Visa

[NAYAA 1]

Greetings all who may be able to assist me.  I live part time in Oakland, California and Accra, Ghana where my fiancee and myself reside when I'm in Ghana.

I am currently in Oakland, CA right now after spending 2 years in Ghana with my fiancess (kinda got stuck during Covid-19, but in a good way).  

My question is should I apply now for a fiancee visa while here in the States or wait until I return to Ghana in a few months and apply through the U.S. Embassy there AND

should we get married there first or file the fiancee visa; which would go faster and with less hassle.  I plan on being in Ghana working for the next year or so.

Please advise, your expert assistance and knowledge is greatly appreciated.

 

[powerpuff 6,748]

If you marry, fiancé visa is automatically void. It is intended for unmarried couples intending to marry in the United States. Sounds like you should go the spousal visa route instead. 

[JeanneAdil 6,624]

At this time K1 is no faster than CR1 so to return and marry and file the spouse visa has my vote

big issue is filing your US tax returns for working outside the US 

 

With spending 2 years with fiancee in Ghana you are probably one of the lucky ones to have the K1 approved but there are so many adbantages to the spouse visa

1,  person can work when enters the US

2. USCIS will do the SS work to get the card if you mark the box on ds 260

3. easier to get a DL

4.  easier to get Health care insurance

5.  you don't have to worry and pay for the AOS process (currenty $1225 ) after coming to US and marriage

6. you can add the spouse to IRS tax returns the year u married giving the $24800 deduction even if still an alien spouse and if you could marry before end of his year,  you could claim your spouse

 

https://www.irs.gov/individuals/international-taxpayers/nonresident-spouse

[NAYAA 1]

2 minutes ago, powerpuff said:

If you marry, fiancé visa is automatically void. It is intended for unmarried couples intending to marry in the United States. Sounds like you should go the spousal visa route instead. 

Ok, but to go further; should I marry and file there at the Ghana/U.S. Embassy or return to the U.S. and file?  I guess my question is which is more efficient, using the Embassy abroad or filing from the U.S.?

[powerpuff 6,748]

6 minutes ago, NAYAA said:

Ok, but to go further; should I marry and file there at the Ghana/U.S. Embassy or return to the U.S. and file?  I guess my question is which is more efficient, using the Embassy abroad or filing from the U.S.?

You will most likely have no choice but to file in the US since USCIS permanently closed their field offices and US consulates no longer offer that option unless your case meets exceptional circumstances:

 

“If a consular officer in a U.S. embassy or consulate encounters an individual case that the officer believes has need of immediate processing of a Form I-130, the consular officer may, but is not required to, accept the local filing in exceptional circumstances, in accordance with the guidance below.

Exceptional Circumstances

Examples of exceptional circumstances include:

• Military emergencies – A U.S. service member, who is abroad but who does not fall under the military blanket authorization for U.S. service members stationed abroad on military bases, becomes aware of a new deployment or transfer with little notice. This exception generally applies in cases where the U.S. service member is provided with exceptionally less notice than normally expected.

• Medical emergencies – A petitioner or beneficiary is facing an urgent medical emergency that requires immediate travel.

• Threats to personal safety – A petitioner or beneficiary is facing an imminent threat to personal safety. For example, a petitioner and beneficiary may have been forced to flee their country of residence due to civil strife or natural disaster and are in precarious circumstances in a different country outside of the United States.

• Close to aging out – A beneficiary is within a few months of aging out of eligibility.

• Petitioner has recently naturalized – A petitioner and family member(s) have traveled for the immigrant visa interview, but the petitioner has naturalized and the family member(s) requires a new petition based on the petitioner’s citizenship.

• Adoption of a child – A petitioner has adopted a child abroad and has an imminent need to depart the country. This type of case should only be considered if the petitioner has a full and final adoption decree on behalf of the child and the adoptive parent(s) has had legal custody of and jointly resided with the child for at least 2 years.

• Short notice of position relocation – A U.S. citizen petitioner, living and working abroad, has received a job offer in or reassignment to the United States with little notice for the required start date.”

https://www.uscis.gov/policy-manual/volume-6-part-b-chapter-3
 

 

Edited November 1, 2021 by powerpuff

[NAYAA 1]

6 minutes ago, JeanneAdil said:

At this time K1 is no faster than CR1 so to return and marry and file the spouse visa has my vote

big issue is filing your US tax returns for working outside the US 

 

With spending 2 years with fiancee in Ghana you are probably one of the lucky ones to have the K1 approved but there are so many adbantages to the spouse visa

1,  person can work when enters the US

2. USCIS will do the SS work to get the card if you mark the box on ds 260

3. easier to get a DL

4.  easier to get Health care insurance

5.  you don't have to worry and pay for the AOS process (currenty $1225 ) after coming to US and marriage

6. you can add the spouse to IRS tax returns the year u married giving the $24800 deduction even if still an alien spouse and if you could marry before end of his year,  you could claim your spouse

 

https://www.irs.gov/individuals/international-taxpayers/nonresident-spouse

Thanks so very much, this is excellent advice.  Looks like I'll just marry when I return and file. 

 

Please, to clarify: if I marry AND file from Ghana through the U.S. Embassy there, I will avoid paying the AOS processing fee?

Also, I still work for a company in the U.S. from Ghana so there really are no tax issues. But should I file from there or here (U.S.)?

[JeanneAdil 6,624]

9 minutes ago, NAYAA said:

Ok, but to go further; should I marry and file there at the Ghana/U.S. Embassy or return to the U.S. and file?  I guess my question is which is more efficient, using the Embassy abroad or filing from the U.S.?

Marry there and you can file online but no need to return unless u want to

 

https://www.uscis.gov/i-130

 

Return and file if you wish

just remember u need to keep the US residency 

[powerpuff 6,748]

4 minutes ago, NAYAA said:

if I marry AND file from Ghana through the U.S. Embassy there, I will avoid paying the AOS processing fee?

See my post above. Unless you meet the exceptional circumstance criteria, going through the US consulate in Ghana is not an option. 

[NAYAA 1]

3 minutes ago, powerpuff said:

You will most likely have no choice but to file in the US since USCIS permanently closed their field offices and US consulates no longer offer that option unless your case meets exceptional circumstances:

 

“If a consular officer in a U.S. embassy or consulate encounters an individual case that the officer believes has need of immediate processing of a Form I-130, the consular officer may, but is not required to, accept the local filing in exceptional circumstances, in accordance with the guidance below.

Exceptional Circumstances

Examples of exceptional circumstances include:

• Military emergencies – A U.S. service member, who is abroad but who does not fall under the military blanket authorization for U.S. service members stationed abroad on military bases, becomes aware of a new deployment or transfer with little notice. This exception generally applies in cases where the U.S. service member is provided with exceptionally less notice than normally expected.

• Medical emergencies – A petitioner or beneficiary is facing an urgent medical emergency that requires immediate travel.

• Threats to personal safety – A petitioner or beneficiary is facing an imminent threat to personal safety. For example, a petitioner and beneficiary may have been forced to flee their country of residence due to civil strife or natural disaster and are in precarious circumstances in a different country outside of the United States.

• Close to aging out – A beneficiary is within a few months of aging out of eligibility.

• Petitioner has recently naturalized – A petitioner and family member(s) have traveled for the immigrant visa interview, but the petitioner has naturalized and the family member(s) requires a new petition based on the petitioner’s citizenship.

• Adoption of a child – A petitioner has adopted a child abroad and has an imminent need to depart the country. This type of case should only be considered if the petitioner has a full and final adoption decree on behalf of the child and the adoptive parent(s) has had legal custody of and jointly resided with the child for at least 2 years.

• Short notice of position relocation – A U.S. citizen petitioner, living and working abroad, has received a job offer in or reassignment to the United States with little notice for the required start date.”

https://www.uscis.gov/policy-manual/volume-6-part-b-chapter-3
 

 

Ok, thanks.  Then it's settled:

1) I return to Ghana in a few months (where we both intend to reside (along with other countries) for at least 9 months of the year));

2) File the CR1 (Spousal Visa) from my United States Address (even if I'm physically in Ghana at the time);

3) Fly back to the U.S. to answer the immigration questions and attend interviews? (this is the part that I'm not sure will work if I'm abroad).

[JeanneAdil 6,624]

5 minutes ago, NAYAA said:

Thanks so very much, this is excellent advice.  Looks like I'll just marry when I return and file. 

 

Please, to clarify: if I marry AND file from Ghana through the U.S. Embassy there, I will avoid paying the AOS processing fee?

Also, I still work for a company in the U.S. from Ghana so there really are no tax issues. But should I file from there or here (U.S.)?

not the US embassy in Ghana

file online

[JeanneAdil 6,624]

1 minute ago, NAYAA said:

Ok, thanks.  Then it's settled:

1) I return to Ghana in a few months (where we both intend to reside (along with other countries) for at least 9 months of the year));

2) File the CR1 (Spousal Visa) from my United States Address (even if I'm physically in Ghana at the time);

3) Fly back to the U.S. to answer the immigration questions and attend interviews? (this is the part that I'm not sure will work if I'm abroad).

you will have no interview

that is all up to the immigrant at interview in Ghana

 

Just be sure if you are still in Ghana that he has 

1. Us tax returns 

2. the I 864 you will fill out for the NVC stage

3.  proof of your US residency

4. proof of your US citizenship

Edited November 1, 2021 by JeanneAdil

[powerpuff 6,748]

3 minutes ago, NAYAA said:

2) File the CR1 (Spousal Visa) from my United States Address (even if I'm physically in Ghana at the time);

You can use a US address in the mailing address field on the form but for your physical address put your Ghanaian address.

You can file the form online too. It’s easier and better. 
 

3 minutes ago, NAYAA said:

Fly back to the U.S. to answer the immigration questions and attend interviews? (this is the part that I'm not sure will work if I'm abroad).

Your future spouse will be the one attending the interview in Ghana. Your presence is not required.
 

 

Edited November 1, 2021 by powerpuff

[JeanneAdil 6,624]

and when you do apply, please complete a timeline here on VJ

[carmel34 3,654]

35 minutes ago, NAYAA said:

I return to Ghana in a few months (where we both intend to reside (along with other countries) for at least 9 months of the year)

Just keep in mind that a US spousal visa, when it is eventually approved, is for immigrating to and residing permanently in the US.  Good luck with your marriage, I-130, and CR-1 process!

Edited November 1, 2021 by carmel34

[Chancy 6,243]

33 minutes ago, NAYAA said:

2) File the CR1 (Spousal Visa) from my United States Address (even if I'm physically in Ghana at the time);

3) Fly back to the U.S. to answer the immigration questions and attend interviews? (this is the part that I'm not sure will work if I'm abroad).

 

You will be filing the I-130 petition to begin the CR1 process for your spouse-to-be.  As others already mentioned, you may file the I-130 from anywhere, via post or online.  You should list your actual address at that time as your current physical address, but you may use your US address as your mailing address, if you want.

 

The USC petitioner normally does not get asked to interview at any point during the CR1 process.  Only the beneficiary is required to attend a visa interview.  So you do not need to return to the US before your spouse immigrates to the US, especially since you work for a US-based company and assuming your work for that company will continue when you and your spouse permanently relocate to the US.

 

After entering the US with a CR1 visa, your spouse will immediately gain permanent resident status (ie. become a green card holder).  Hence, no need to file any paperwork for adjustment of status (AOS).