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

[Redro 4,612]

1 minute ago, my_gf_wants_cr1 said:

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.

That's why I asked which country you were currently living in. 

Different countries have different rules. Getting married in the States was the easiest option for us. Getting married in Korea or getting married in my home country involved a lot of paperwork, so I totally understand your reasoning. 

If your GF (soon to be wife) is asked why you got married via Utah and not in Israel you have a very valid reason. 

You have nothing to worry about because you're a legit couple.  Good luck with your marriage and your filing. I hope you're able to file DCF. Please do try and email the embassy with a request and come report back. It will be extremely helpful to others in a similar situation. 

 

[Crazy Cat 42,406]

8 minutes ago, my_gf_wants_cr1 said:

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

It doesn't matter what you feel or need.  The opinions of USCIS and The Consulate Officer that count.  Good Luck on your journey.....but get ready to "jump through a lot of hoops" to reach your immigration goals.  

Taxes

Sponsor requirements

Domicile requirements

and more....

[my_gf_wants_cr1 13]

48 minutes ago, Crazy Cat said:

It doesn't matter what you feel or need.  The opinions of USCIS and The Consulate Officer that count.  Good Luck on your journey.....but get ready to "jump through a lot of hoops" to reach your immigration goals.  

Taxes

Sponsor requirements

Domicile requirements

and more....

Agree with that statement - this is why we think of marriage; had USCIS said "show civil union evidence" we wouldn't have considered it.

Nevertheless, we still want to avoid papers where we can, while still providing the best evidence possible.
This is why - if Utah online marriage is enough, then that's what we will do.

As for domicile for i-864 - I agree it's the next big hurdle, because I live in Israel, but as mentioned in OP I do maintain ties to USA (luckily).

[my_gf_wants_cr1 13]

53 minutes ago, Kor2USA said:

That's why I asked which country you were currently living in. 

Different countries have different rules. Getting married in the States was the easiest option for us. Getting married in Korea or getting married in my home country involved a lot of paperwork, so I totally understand your reasoning. 

If your GF (soon to be wife) is asked why you got married via Utah and not in Israel you have a very valid reason. 

You have nothing to worry about because you're a legit couple.  Good luck with your marriage and your filing. I hope you're able to file DCF. Please do try and email the embassy with a request and come report back. It will be extremely helpful to others in a similar situation. 

 

Thanks for emphasising that, I will sure to take note.

I will inquire about DCF and report back; do you think it's better to inquire before marriage or after? Or they don't care?

They DO require some personal identifying info when inquiring, and I don't want to hurt my chances.

[Crazy Cat 42,406]

1 minute ago, my_gf_wants_cr1 said:

Agree with that statement - this is why we think of marriage; had USCIS said "show civil union evidence" we wouldn't have considered it.

Nevertheless, we still want to avoid papers where we can, while still providing the best evidence possible.
This is why - if Utah online marriage is enough, then that's what we will do.

As for domicile for i-864 - I agree it's the next big hurdle, because I live in Israel, but as mentioned in OP I do maintain ties to USA (luckily).

Utah Zoom marriages are legal for immigration purposes after a couple has been in the presence of each other either during or after the ceremony (consummation) ....so, you no issues there.  For domicile, you can show evidence of intent to re-locate.  I see no issues there, either.    If your current income will continue after relocating to the US, you have that area covered, too.   

[my_gf_wants_cr1 13]

5 minutes ago, Crazy Cat said:

Utah Zoom marriages are legal for immigration purposes after a couple has been in the presence of each other either during or after the ceremony (consummation) ....so, you no issues there.  For domicile, you can show evidence of intent to re-locate.  I see no issues there, either.    If your current income will continue after relocating to the US, you have that area covered, too.   

Let's assume that for any valid reason, I don't take the job offer. But I do want my GF (or soon to be spouse) to have the option of coming with me in the future to USA, whether to relocate or to visit or both.

Will proving domicile without a job offer be much harder?

Is having a credit score/bank account/voting history/address history enough?

[Redro 4,612]

5 minutes ago, my_gf_wants_cr1 said:

Let's assume that for any valid reason, I don't take the job offer. But I do want my GF (or soon to be spouse) to have the option of coming with me in the future to USA, whether to relocate or to visit or both.

Will proving domicile without a job offer be much harder?

Is having a credit score/bank account/voting history/address history enough?

That is consulate specific. 

Check the reviews for Israel. 

If your GF wants to visit on B1/B2 visa she needs to qualify for the tourist visa and show strong ties to Israel. 

[Crazy Cat 42,406]

Just now, my_gf_wants_cr1 said:

Will proving domicile without a job offer be much harder?

Is having a credit score/bank account/voting history/address history enough?

Voting history and current tax reporting are  good pieces of evidence.  If you can show concrete steps such as house-hunting, a lease agreement, job searches, etc, it helps.  Consulates differ on how hard they look at this.  For example, Montreal has a reputation of being extremely strict on domicile.  I really don't see that as a huge issue in your case.  

[my_gf_wants_cr1 13]

2 minutes ago, Kor2USA said:

That is consulate specific. 

Check the reviews for Israel. 

If your GF wants to visit on B1/B2 visa she needs to qualify for the tourist visa and show strong ties to Israel. 

Thanks; this is not to say we will take the B1/2 route - I am just thinking of pros/cons of each route.

I actually assume that me being a US citizen with some times to US could a detriment to her getting a B1/2 when asked about relationships in the embassy.

 

1 minute ago, Crazy Cat said:

Voting history and current tax reporting are  good pieces of evidence.  If you can show concrete steps such as house-hunting, a lease agreement, job searches, etc, it helps.  Consulates differ on how hard they look at this.  For example, Montreal has a reputation of being extremely strict on domicile.  I really don't see that as a huge issue in your case.  

Thanks. 

 

Do you both think asking the consulate about DCF before marriage is OK or is that a negative thing?

[Crazy Cat 42,406]

2 minutes ago, my_gf_wants_cr1 said:

Thanks; this is not to say we will take the B1/2 route - I am just thinking of pros/cons of each route.

I actually assume that me being a US citizen with some times to US could a detriment to her getting a B1/2 when asked about relationships in the embassy.

 

Thanks. 

 

Do you both think asking the consulate about DCF before marriage is OK or is that a negative thing?

1.  Yes.  Having a US citizen BF or spouse is a strong tie to the US.  It certainly can be a negative since ALL visitors are assumed, by law, to have immigrant intent.

2.  Asking the consulate is both practical and prudent.  It will have zero effect on your case, regardless of their answer. 

[Crazy Cat 42,406]

Many spouses visit their US citizen spouses in the US during the immigration process.  Just be aware that every visit is at the discretion of CBP.

[my_gf_wants_cr1 13]

3 minutes ago, Crazy Cat said:

1.  Yes.  Having a US citizen BF or spouse is a strong tie to the US.  It certainly can be a negative since ALL visitors are assumed, by law, to have immigrant intent.

2.  Asking the consulate is both practical and prudent.  It will have zero effect on your case, regardless of their answer. 

1. If I wouldn't have a job offer that's actually a catch-22ish thing isn't it?

Because if she goes for B visa, and tells the truth about me, that hurts her case (even if she has 0 intention of staying). Obviously lying is out of the question.

But if we go for CR-1 visa, that could take a year at the very least, and without a job offer it's actually harder to prove domicile for i-864.

And to prove domicile properly we have to rent in the US, but that requires me to move there without her.

 

It seems at a glance that without a job relocation offer there is no winning here, unless I am missing something or overthinking it.

 

4 minutes ago, Crazy Cat said:

Many spouses visit their US citizen spouses in the US during the immigration process.  Just be aware that every visit is at the discretion of CBP.

How, without B visas? Surely not K-3, as I understood they don't do that anymore.

[Crazy Cat 42,406]

1 minute ago, my_gf_wants_cr1 said:

1. If I wouldn't have a job offer that's actually a catch-22ish thing isn't it?

Because if she goes for B visa, and tells the truth about me, that hurts her case (even if she has 0 intention of staying). Obviously lying is out of the question.

But if we go for CR-1 visa, that could take a year at the very least, and without a job offer it's actually harder to prove domicile for i-864.

And to prove domicile properly we have to rent in the US, but that requires me to move there without her.

 

It seems at a glance that without a job relocation offer there is no winning here, unless I am missing something or overthinking it.

 

How, without B visas? Surely not K-3, as I understood they don't do that anymore.

The foreign spouses who visit the US during the immigration process normally already have a B2 visa or ESTA privileges.  It is possible for her to get a B2 , but I think the chances are low.  There is no harm in trying.  A B2 denial will have zero effect on a CR-1 case.

A job offer is not absolutely critical for proof of intent to re-locate, but it is strong evidence.  There are other ways to show intent.  Your taxes and voting record are good. A Job offer is, however, normally a circumstance which would qualify you for DCF in some consulates.  

K-3s are obsolete.  

[Redro 4,612]

29 minutes ago, my_gf_wants_cr1 said:

Thanks; this is not to say we will take the B1/2 route - I am just thinking of pros/cons of each route.

I actually assume that me being a US citizen with some times to US could a detriment to her getting a B1/2 when asked about relationships in the embassy.

 

Thanks. 

 

Do you both think asking the consulate about DCF before marriage is OK or is that a negative thing?

DCF is a process that cuts out USCIS and the NVC. You deal directly with the consulate. You should have a qualifying relative and US Embassy Israel states "Immigrant visa applicants with an urgent need to travel should contact JerusalemIVInquiries@state.gov.".  

 

I'm not sure they will take your DCF request seriously if you're not married yet. How urgent is you need to travel if you still have to marry your partner before you can send in the i-130?  The majority of cases in the DCF forum involve couples that are already married. I don't recall seeing an unmarried couple requesting DCF but I could be wrong. 

 

16 minutes ago, my_gf_wants_cr1 said:

1. If I wouldn't have a job offer that's actually a catch-22ish thing isn't it?

Because if she goes for B visa, and tells the truth about me, that hurts her case (even if she has 0 intention of staying). Obviously lying is out of the question.

But if we go for CR-1 visa, that could take a year at the very least, and without a job offer it's actually harder to prove domicile for i-864.

And to prove domicile properly we have to rent in the US, but that requires me to move there without her.

 

It seems at a glance that without a job relocation offer there is no winning here, unless I am missing something or overthinking it.

 

How, without B visas? Surely not K-3, as I understood they don't do that anymore.

Please read the reviews on IR1/CR1 interviews in Israel.

If you decide you want to move to the USA and you don't take the current job offer you might be able to stay in Israel with your partner until she receives her visa.

https://www.visajourney.com/portals/index.php?country=Israel&forum=110

If you do not want to move to the US and just visit your partner will have to prove she has strong ties to Israel and will not stay. You should also check the waiting times for B1/B2 she might not be able to interview for a visa for several months. 

I am married to a US citizen. I was able to visit on my B1/B2 after we married. I'm sure I mentioned I was visiting friends and family on at least two entries. 

 

The process for immigrating to the States is long. We all wish we could move ASAP but that's not the reality. Get married, request DCF, either get approved or denied. File the i-130 then wait. 

Edited December 20, 2021 by Kor2USA

[my_gf_wants_cr1 13]

36 minutes ago, Crazy Cat said:

The foreign spouses who visit the US during the immigration process normally already have a B2 visa or ESTA privileges.  It is possible for her to get a B2 , but I think the chances are low.  There is no harm in trying.  A B2 denial will have zero effect on a CR-1 case.

A job offer is not absolutely critical for proof of intent to re-locate, but it is strong evidence.  There are other ways to show intent.  Your taxes and voting record are good. A Job offer is, however, normally a circumstance which would qualify you for DCF in some consulates.  

K-3s are obsolete.  

Sadly she does not have a B2, and she (myself as well) are a bit cautious about how to approach this due to our lengthy relationship and me being a US citizen.

 

34 minutes ago, Kor2USA said:

DCF is a process that cuts out USCIS and the NVC. You deal directly with the consulate. You should have a qualifying relative and US Embassy Israel states "Immigrant visa applicants with an urgent need to travel should contact JerusalemIVInquiries@state.gov.".  

 

I'm not sure they will take your DCF request seriously if you're not married yet. How urgent is you need to travel if you still have to marry your partner before you can send in the i-130?  The majority of cases in the DCF forum involve couples that are already married. I don't recall seeing an unmarried couple requesting DCF but I could be wrong. 

 

Please read the reviews on IR1/CR1 interviews in Israel.

If you decide you want to move to the USA and you don't take the current job offer you might be able to stay in Israel with your partner until she receives her visa.

https://www.visajourney.com/portals/index.php?country=Israel&forum=110

If you do not want to move to the US and just visit your partner will have to prove she has strong ties to Israel and will not stay. You should also check the waiting times for B1/B2 she might not be able to interview for a visa for several months. 

I am married to a US citizen. I was able to visit on my B1/B2 after we married. I'm sure I mentioned I was visiting friends and family on at least two entries. 

 

The process for immigrating to the States is long. We all wish we could move ASAP but that's not the reality. Get married, request DCF, either get approved or denied. File the i-130 then wait. 

Agreed about marriage and seriousness, this is why I am looking into marrying in Cyprus/Utah online wedding for this exact purpose (preferably Utah online path due to not requiring travel and it involving the minimal amount of people).

Again, thank you both for insights and tips, those are golden.

Edited December 20, 2021 by my_gf_wants_cr1