K1 or Cr1 VISA?

[flicks1998 1,044]

9 minutes ago, HUGOC9999 said:

Yeah thanks I read the list, really informative. I was doubtful more in the the sense that I've been living abroad for over 10 years, and didn't know which would be more convenient in my case. 

As others have said, the CR1 is the way you should go.  As for establishing domicile, Ive written on other threads on my experience on that.  I was out of the US for around 28 years and when I filed for the K1, I included a brief note that I was going to be moving back to the US between such and such months.  We never received any questions on that, however I did follow through with my plan that I gave to USCIS.  I only had retirement and brokerage accounts in the US as well.  No US bank accounts, no driver license, no US credit cards, no address, etc etc.  We never received any questions on this and I dont believe its something you should worry too much about.  

 

I did file taxes all of those years, however one thing you may want to check is if the IRS is logging in your overseas address correctly.  When I eventually returned to the US, they had a hard time establishing my identity as one of security questions I was being asked was my address.  This was at a time when the offices were closed due to Covid so I had to do this over the phone and it took about 3-4 hours and being transferred to multiple people.  

[mam521 2,062]

If you marry immediately, there is a chance it will take 2 years for everything to pan out.  Your wife would then enter the US as an Immediate Relative and receive a 10 year green card and be eligible to apply for citizenship after 3 years in country.  Even if she comes on a CR (conditional relative), she's able to work immediately.  If you choose the K-1 route, she'll enter the country and not be able to work for around 8 months.  It can put a lot of strain on a relationship and I don't know what it looks like for you to get your DDS licensure stated in the US.  She may be the bridging income if you have to write a board exam.  Just something to keep in mind. 

[HUGOC9999 2]

1 hour ago, mam521 said:

 It can put a lot of strain on a relationship and I don't know what it looks like for you to get your DDS licensure stated in the US.  She may be the bridging income if you have to write a board exam.  Just something to keep in mind. 

You read my mind, I've thought about actually going for the DDS and it's a long and gruesome process much like de CR1. Thanks for the help.

[MarJhi 962]

If you haven't already started the process, I would say do the CR1. My immigration attorney asked me if I wanted to do the CR1 over the K1 but he said it's not a good idea to switch from one to the other after you have already started. I went with the K1 because travel was restricted and my 2 years since my last seeing her in person was rapidly approaching. I am glad went with the K1 because travel to the Philippines is still a no go.

[millefleur 5,046]

47 minutes ago, HUGOC9999 said:

You read my mind, I've thought about actually going for the DDS and it's a long and gruesome process much like de CR1. Thanks for the help.

I think in your case, CR-1 will be a lot better. Your spouse will get full rights as a GC holder from day one of entry to the US and the difference in waiting time for the visa will only be a matter of months. I know it's hard to scramble around and get married at the last minute just for visa reasons but you can always hold an actual wedding ceremony later if that's important to you. All that is really required to file for the I-130 is a copy of the marriage certificate and other proofs of living together/ongoing relationship.

[MarJhi 962]

I guess for me I am not concerned about her having to wait to start working, my fiancee wasn't able to work for about 8 months due to the strict lockdowns in the Philippines most of last year. She is back to work the last couple of months, but the way things are going who knows when the powers that be put them on lockdown again. If she isn't going to be working, I would rather her be here than there.