b1/b2 visa->marriage-> CR1

[kthunt 0]

Hi,

I am new to this and I have just heard that a CR1 is the best option to bring your partner to America vs a K1 in the current state of the world. I am a US citizen and my partner is a New Zealand citizen. I was wondering if he could come back in to the states on his b1/b2 which is valid for 10 years and then we get married. Then have him go overseas to avoid over staying and then apply for a CR1 for him to come back. Would this work? Depending on the time frame can my partner travel back into the states while waiting for a CR1 decision on the b1/b2? Would it be easier to get married in NZ and then apply for a CR1? Trouble is NZ still has strict border restrictions during covid. I am a medical student currently and also worry about the income requirements, can my parents be the sponsor? (we've applied for a tourist extension before and had listed my parents income in order for him to return, not sure if this works for a cr1?) Any advice is greatly appreciated thank you.

[SteveInBostonI130 3,477]

Yes.

 

He can enter on his B1/B2.  After you.marry you can file right away (I-130).  That is, no need for him to return first.  But he does need to return at the end of the visit and continue with the consular CR1 process.

 

Try to get bona fide relationship evidence, if you can.  Open a joint bank account (if your bank allows it - visitor with no SSN) and co-mingle finances the best you can.  With NZ being a low fraud country, you don't need to collect mounds of evidence.  But gather as much as you can.

 

He can keep visiting, but he will need to disclose that he is married to you and that you are going through the CR1 visa process, if asked by CBP.

 

EDIT: clarification

Edited December 20, 2021 by SteveInBostonI130
clarification

[SalishSea 18,064]

1 hour ago, kthunt said:

we've applied for a tourist extension before and had listed my parents income in order for him to return,

What do you mean?  There is no sponsorship of any type for tourist visas.

[Boiler 45,898]

The tourist extension may complicate mattters

[kthunt 0]

The tourist extension was only done for the inability to return to NZ during covid, he ended up getting a spot in NZ lottery system to return home so he left America before a decision was made on the extension. He won't be returning for 5 months. You are right on no sponsorship for a tourist visa, you do need a sponsor if you decided to try and extend your stay, which is what we had to do based on the situation. Anyway he ended up not needing the extension and left on time. My main concern is the income requirements with a CR 1 and if I could use my parents as a sponsor for that. We have a joint bank account in NZ. 

[Boiler 45,898]

How long did he stay on his last trip?

[millefleur 5,047]

17 minutes ago, kthunt said:

My main concern is the income requirements with a CR 1 and if I could use my parents as a sponsor for that.

You can use a joint sponsor as long as they meet the requirements:

https://www.uscis.gov/green-card/green-card-processes-and-procedures/affidavit-of-support

 

A joint sponsor is someone who is willing to accept legal responsibility for supporting your family member with you. A joint sponsor must meet all the same requirements as you, except the joint sponsor does not need to be related to the immigrant. The joint sponsor (or the joint sponsor and his or her household) must reach the 125% income requirement alone. You cannot combine your income with that of a joint sponsor to meet the income requirement.

Edited December 20, 2021 by millefleur