CR1 "unique case" - US citizen newly married with job offer

[my_gf_wants_cr1 13]

(Sorry for length) I have been with my GF for 5 years now, and we don't want to get married (just because we don't feel it's necessary), but if it's required for her to migrate with me, we will do it.

Me:

- US citizen.

- Been leaving abroad whole life, but have ties to US (tax returns, lived there with address for few months, bank account, credit score, family, visits). 

- Got a relocation offer from my company on relatively short notice (6-monthish).

- Making way more than the poverty line for I-134, only issue is domicile proving.

GF:

- No US visas at all, no other citizenship other than this country. This country doesn't have visa waver program as well.

- Been to US only once ±15ish years ago.

- No criminal record at all of any kind.

- BSc.

Both of us:

- First-world country (i.e not third-world or "terrorist" country).

- Can supply ample evidence for relationship over last 5 years - mostly Facebook photos + chats, and other types of chats (whatsapp/telegram).

- Vacation tickets together.

- Joint rent leases multiple times.

- If helps, I can write her down as my life insurance beneficiary.

The scenario is that I want to accept job relocation offer, and want to bring her with me - but the process appears to be super long for CR1 visa. 

I also don't want to move there and be without her for months, but K-1 isn't an option because I don't want her to be there doing nothing for what appears to be 6 months until she gets AOS.

What could be the quickest course of action for her to get a visa + employment in US?

Other than that, assuming we get married within the next month, what are the odds of getting a CR1 at all? Do they reject it for being a new married couple, or because we have ample evidence for a long relationship it should be OK?

 

- We are also looking into an online ceremony with Utah, seeing that this will not be a proxy wedding I assume it's viable for immigration?

I will emphasise the marriage is pure bona-fide, we have no intention of an online ceremony as means to "bypass" immigration laws, we just don't like the idea of marriage (and again, we are 5 years together).

 

Thanks for any tips. (Sorry for length again)

[Redro 4,612]

Where do you live/ which country?

If you marry you could maybe apply for DCF- using the job offer you have. 

“Exceptional Situations”:

U.S. Embassy Seoul may accept filing of the Form I-130, Petition for Alien Relative, from petitioners who believe they have exceptional situations that would merit an exception from filing by mail to the USCIS Dallas Lockbox.

USCIS published guidance (PDF 60KB) on circumstances that may qualify as exceptional.

https://www.uscis.gov/sites/default/files/USCIS/Laws/Memoranda/2012/May/DOS-I130May1412.pdf

https://www.visajourney.com/forums/forum/82-direct-consular-filing-dcf-general-discussion/

 

 

Then the process could take as little as 3-6 months. 

If the embassy does not accept your reasons for DCF, you'll have to go through the 1-2 year process and deal with the separation. 

Depending on the country, K1 might not be quicker than the CR1. So, I definitely suggest getting married while you are together in her home country. 

 

ETA: Income only counts if it is US based. If the income you make in this country will not continue in the USA you cannot use it. 

You can also use savings for I-864 (it needs to be more than X3 poverty level for your household size). Don't worry about length of marriage. You're allowed to file as soon as you have the wedding certificate in hand. Evidence of time spent together and evidence of living in the same residence should be sufficient. 

 

 

 

Edited December 20, 2021 by Kor2USA

[my_gf_wants_cr1 13]

21 minutes ago, Kor2USA said:

Where do you live/ which country?

If you marry you could maybe apply for DCF- using the job offer you have. 

“Exceptional Situations”:

U.S. Embassy Seoul may accept filing of the Form I-130, Petition for Alien Relative, from petitioners who believe they have exceptional situations that would merit an exception from filing by mail to the USCIS Dallas Lockbox.

USCIS published guidance (PDF 60KB) on circumstances that may qualify as exceptional.

https://www.uscis.gov/sites/default/files/USCIS/Laws/Memoranda/2012/May/DOS-I130May1412.pdf

https://www.visajourney.com/forums/forum/82-direct-consular-filing-dcf-general-discussion/

 

 

Then the process could take as little as 3-6 months. 

If the embassy does not accept your reasons for DCF, you'll have to go through the 1-2 year process and deal with the separation. 

Depending on the country, K1 might not be quicker than the CR1. So, I definitely suggest getting married while you are together in her home country. 

 

ETA: Income only counts if it is US based. If the income you make in this country will not continue in the USA you cannot use it. 

You can also use savings for I-864 (it needs to be more than X3 poverty level for your household size). Don't worry about length of marriage. You're allowed to file as soon as you have the wedding certificate in hand. Evidence of time spent together and evidence of living in the same residence should be sufficient. 

 

 

 

Thanks! Answers:

- Forgive me for being careful about stating my current country, but let's assume both scenarios - the embassy to which I file does/does not have DCF. Is there a way to check in their website?

- You suggest getting married in her home country (which is also mine, I have dual citizenship) - what about marriage online via Utah state?

- Income: assuming I will take the job offer, the income I will make will continue in USA.

[Redro 4,612]

11 minutes ago, my_gf_wants_cr1 said:

Thanks! Answers:

- Forgive me for being careful about stating my current country, but let's assume both scenarios - the embassy to which I file does/does not have DCF. Is there a way to check in their website?

- You suggest getting married in her home country (which is also mine, I have dual citizenship) - what about marriage online via Utah state?

- Income: assuming I will take the job offer, the income I will make will continue in USA.

Sharing the name of the country is helpful because people will be able to tell you how likely it is they'll accept DCF. They'll also be able to tell you the best way to ask if DCF is possible. e.g I live in Korea, we just fill out a form to request DCF. But, other countries require you to email them and that process can be long and drawn out. Some members have had to leave the country in question before they received the answer and then DCF was no longer a possibility. 

 If you look at the DCF forum link I supplied, you'll see experiences from Germany and England. Germany appears to be very amenable to DCF requests. 

 

How to find the information: Go to a search engine. Search for US Embassy "country name". Go to Visas/ Immigrant Visas. Then check around for instructions on how to file an immigrant visa for a spouse. There should be something about Direct Consular Filing/ filing under exceptional circumstances. 

 

You can get married the country you live in OR get married via UTAH. If you check out the Philippines forum, there is a running thread of success stories and a how-to. If you are both present together during the ceremony immigration will accept the marriage certificate.

If you accept the job offer, you can use the income. You'll just have to provide documentation from the company outlining the contract offer. You should also provide that information as proof when requesting DCF. 

 

You can also search this website in the DCF link I posted to see if there are any recent experiences with DCF from your country. 

Edited December 20, 2021 by Kor2USA

[my_gf_wants_cr1 13]

3 minutes ago, Kor2USA said:

Sharing the name of the country is helpful because people will be able to tell you how likely it is they'll accept DCF. They'll also be able to tell you the best way to ask if DCF is possible. e.g I live in Korea, we just fill out a form to request DCF. But, other countries require you to email them and that process can be long and drawn out. Some members have had to leave the country in question before they received the answer and then DCF was no longer a possibility. 

 If you look at the DCF forum link I supplied, you'll see experiences from Germany and England. Germany appears to be very amenable to DCF requests. 

 

How to find the information: Go to a search engine. Search for US Embassy "country name". Go to Visas/ Immigrant Visas. Then check around for instructions on how to file an immigrant visa for a spouse. There should be something about Direct Consular Filing/ filing under exceptional circumstances. 

 

You can get married the country you live in OR get married via UTAH. If you check out the Philippines forum, there is a running thread of success stories and a how-to. If you are both present together during the ceremony immigration will accept the marriage certificate.

If you accept the job offer, you can use the income. You'll just have to provide documentation from the company outlining the contract offer. You should also provide that information as proof when requesting DCF. 

 

You can also search this website in the DCF link I posted to see if there are any recent experiences with DCF from your country. 

Thanks again. I will do all of those.

It's crazy how hard and lengthy it takes; I get USCIS' intention for control over this, but making it so hard is nuts.

[Redro 4,612]

Just now, my_gf_wants_cr1 said:

Thanks again. I will do all of those.

It's crazy how hard and lengthy it takes; I get USCIS' intention for control over this, but making it so hard is nuts.

This process is not fun BUT your situation really isn't all that unique. Short notice job relocations are one of the reasons you can file DCF and make the process a little quicker. 

I believe you need to be married before you request DCF.

 

You don't have to- but it would be very helpful if you share the country your girlfriend is emigrating from. Others will be able to give you more nuanced advice as the consulates all have different standards. For example: If she is emigrating from Canada, DCF isn't really possible and the US citizen is expected to move back to the US before interview time. 

[my_gf_wants_cr1 13]

30 minutes ago, Kor2USA said:

This process is not fun BUT your situation really isn't all that unique. Short notice job relocations are one of the reasons you can file DCF and make the process a little quicker. 

I believe you need to be married before you request DCF.

 

You don't have to- but it would be very helpful if you share the country your girlfriend is emigrating from. Others will be able to give you more nuanced advice as the consulates all have different standards. For example: If she is emigrating from Canada, DCF isn't really possible and the US citizen is expected to move back to the US before interview time. 

She has Israeli citizenship and I have dual Israel/US citizenship.

[Redro 4,612]

16 minutes ago, my_gf_wants_cr1 said:

She has Israeli citizenship and I have dual Israel/US citizenship.

Israel didn't have DCF back in the day so there is a chance you'll have to file online or via lockbox and wait the 1-2 years. 

Your best bet is to marry ASAP and then email JerusalemIVInquiries@state.gov. and inquire about the possibility. 

 

Here are some search results on DCF via Israel. 

https://www.visajourney.com/sitesearch/?cx=partner-pub-3407508467788263%3A9725800110&cof=FORID%3A10&ie=UTF-8&q=DCF+israel+&sa=Search

 

This person applied for DCF due to job offer and was living in Israel but never returned to update us. 

 

 

Edited December 20, 2021 by Kor2USA

[my_gf_wants_cr1 13]

12 minutes ago, Kor2USA said:

Israel didn't have DCF back in the day so there is a chance you'll have to file online or via lockbox and wait the 1-2 years. 

Your best bet is to marry ASAP and then email JerusalemIVInquiries@state.gov. and inquire about the possibility. 

 

Here are some search results on DCF via Israel. 

https://www.visajourney.com/sitesearch/?cx=partner-pub-3407508467788263%3A9725800110&cof=FORID%3A10&ie=UTF-8&q=DCF+israel+&sa=Search

Well that sucks, thanks for noting me.

Do you reckon marrying via online ceremony (Utah) would be a detriment here?

Again, no problem providing evidence of a long term relationship.

[Redro 4,612]

1 minute ago, my_gf_wants_cr1 said:

Well that sucks, thanks for noting me.

Do you reckon marrying via online ceremony (Utah) would be a detriment here?

Again, no problem providing evidence of a long term relationship.

It shouldn't be a problem. 

Here is a thread on marrying via UTAH: 

Here's a success story

 

 

[my_gf_wants_cr1 13]

11 minutes ago, Kor2USA said:

It shouldn't be a problem. 

Here is a thread on marrying via UTAH: 

Here's a success story

 

 

Thanks again.

Interesting testimonies, because I also asked this in Reddit and there people just said a firm "no" for a zoom wedding, because it's a huge red flag.

Edited December 20, 2021 by my_gf_wants_cr1

[canadian_wife 1,829]

5 minutes ago, my_gf_wants_cr1 said:

Thanks again.

Interesting testimonials, because I also asked this in Reddit and there people just said a firm "no" for a zoom wedding, because it's a huge red flag.

 

I'm glad you found VJ - it is a much better resource for you than Reddit. 

 

Good luck 

[Redro 4,612]

10 minutes ago, my_gf_wants_cr1 said:

Thanks again.

Interesting testimonials, because I also asked this in Reddit and there people just said a firm "no" for a zoom wedding, because it's a huge red flag.

USCIS and the consulate will look at the whole picture. Someone getting married via Utah after a 5 year courtship and several years of living together is very different to someone getting married before ever meeting and then only having one face to face encounter. You probably have a very legitimate reason for not getting married in Israel and the Embassy will take that into account. 

 If you look at posts from Israeli couples, you'll be able to see if the consulate interview is very intense or if the interview is easy going:

https://www.visajourney.com/reviews/index.php?cnty=Israel

 

If you're in a bonafide relationship, you'll be okay.

Here is an article that mentions Israeli couples getting married via Utah:

Hundreds of couples from Israel have used the service because civil marriages are not performed in the country. Before the pandemic, same-sex couples, couples of mixed backgrounds and couples in which one or both people could not prove they were Jewish would travel outside of Israel to wed and register the marriage in Israel afterward.

Once borders were closed, some couples tried marrying aboard boats far enough from land to be considered outside of Israel’s territory. “It’s not a pleasant experience, but it’s legal,” said Vlad Finkelshtein, whose law firm works with Utah County to wed Israeli citizens.

The Interior Ministry in Israel is not recognizing marriages performed through Utah County’s virtual system, but Mr. Finkelshtein and his clients have challenged the decision in court. “This is the perfect case study on how technology can help promote basic human rights,” the lawyer said.

https://www.nytimes.com/2021/09/17/style/utah-county-weddings-virtual.html

Even if Israel does not recognise your marriage, USCIS will. 

Edited December 20, 2021 by Kor2USA

[my_gf_wants_cr1 13]

3 minutes ago, Kor2USA said:

USCIS and the consulate will look at the whole picture. Someone getting married via Utah after a 5 year courtship and several years of living together is very different to someone getting married before ever meeting and then only having one face to face encounter. You probably have a very legitimate reason for not getting married in Israel and the Embassy will take that into account. 

 If you look at posts from Israeli couples, you'll be able to see if the consulate interview is very intense or if the interview is easy going:

https://www.visajourney.com/reviews/index.php?cnty=Israel

 

If you're in a bonafide relationship, you'll be okay.

Here is an article that mentions Israeli couples getting married via Utah:

Hundreds of couples from Israel have used the service because civil marriages are not performed in the country. Before the pandemic, same-sex couples, couples of mixed backgrounds and couples in which one or both people could not prove they were Jewish would travel outside of Israel to wed and register the marriage in Israel afterward.

Once borders were closed, some couples tried marrying aboard boats far enough from land to be considered outside of Israel’s territory. “It’s not a pleasant experience, but it’s legal,” said Vlad Finkelshtein, whose law firm works with Utah County to wed Israeli citizens.

The Interior Ministry in Israel is not recognizing marriages performed through Utah County’s virtual system, but Mr. Finkelshtein and his clients have challenged the decision in court. “This is the perfect case study on how technology can help promote basic human rights,” the lawyer said.

https://www.nytimes.com/2021/09/17/style/utah-county-weddings-virtual.html

 

1 - Thanks again, you providing me with articles and links I can find on my own (probably) is not obvious at all, and is a HUGE HUGE help. Can't say thanks enough.

2 - I am an open book; me and my GF are allowed to marry here, but our problems with it can be condensed into the following points:

- In Israel we must involve some religious authority, and we simply don't want that.

- We don't need some paper to "approve" what we have, this is why we have been together without marriage for 5 years.

- Even if we did choose to marry the "regular" path, it'd probably take another month of forms and covid delays.

This is why Utah online wedding seemed the most time-efficient and non-religious.

[Crazy Cat 42,406]

20 minutes ago, my_gf_wants_cr1 said:

Thanks again.

Interesting testimonies, because I also asked this in Reddit and there people just said a firm "no" for a zoom wedding, because it's a huge red flag.

Reddit and FB are full of inaccurate information.  Visa Journey is your best source of immigration facts.