Dual citizenship

[Cohan 1]

Hi guys! 

happy Easter everyone & hope you’re having good time 🐣

I’m Egyptian/Swedish and I’m living and working Sweden. My girlfriend is American and we wanna apply for K-1 visa even I can move to the states. 
I been to the states 3 times before on vacation and now I’m going to make my fourth visit. But to meet my girlfriend. 
I wanna apply for K-1 visa As Egyptian because my girlfriend and I have plans staying in Egypt in the future sometimes, and I have business over there. I have some questions. 

Can I apply as Egyptian and make the whole process including the interview in USA embassy Sweden ? 

Do I need to have all paper  (Birth certificate, police clearance , evidence of terminated marriage...etc)  From both countries? 

 

I’ve read posts here comparing K-1 visa and CR1 visa, and that CR1 better.  someone said that I can travel easy while K-1 visa I have to stay in the US and can’t travel. 

can I really travel after getting married and wait for the decision in Sweden? 

 

 

thank you so much 

 

[JeanneAdil 6,498]

if u do not plan to live in the US ,  don't apply for either visa

it is intended for the person to live here with USC

 

and u do  not apply

the USC petitions for u

 

if she applies you need police clearances for birth county and every country u lived in for 6 months or more since age 16

 

Crazy cat will give u the list of differences between the 2 

but on K1  ,  you need to stay in US till the AOS process is complete and it can take 2 years

 

CR1 is preferred by most of us as u can work in the US immediately after POE 

but it is not meant to be used for traveling freely and stay long times outside the USA   it is  to  reside here 

there are limits to how long u can stay outside the USA 

[randy32 165]

 

2 hours ago, Cohan said:

Hi guys! 

happy Easter everyone & hope you’re having good time 🐣

I’m Egyptian/Swedish and I’m living and working Sweden. My girlfriend is American and we wanna apply for K-1 visa even I can move to the states. 
I been to the states 3 times before on vacation and now I’m going to make my fourth visit. But to meet my girlfriend. 
I wanna apply for K-1 visa As Egyptian because my girlfriend and I have plans staying in Egypt in the future sometimes, and I have business over there. I have some questions. 

Can I apply as Egyptian and make the whole process including the interview in USA embassy Sweden ? 

Do I need to have all paper  (Birth certificate, police clearance , evidence of terminated marriage...etc)  From both countries? 

 

I’ve read posts here comparing K-1 visa and CR1 visa, and that CR1 better.  someone said that I can travel easy while K-1 visa I have to stay in the US and can’t travel. 

can I really travel after getting married and wait for the decision in Sweden? 

 

 

thank you so much 

 

You can apply as Egyptian with your country of residence as Sweden for whichever option you guys chose to follow.

As already stayed, applying for either one implies that you plan to migrate to the US.

You will need all the paperwork that for the option you chose fiancé or spousal visa

 

If you plan to get married and wait for the decision, get married in or outside the US, file the I-130 to be adjudicated in the country of your choosing.

Then wait it out. Up to 2 years at the current speed of things.

 

You might still be allowed to visit the US but that is up to CBP.

[Cohan 1]

Thank you guys 🤗 

I’m planning to live with my girlfriend in the states. l Just asked about possibility of traveling while waiting decision, because I thought about continue working and not to quite my work in Sweden until I got the Visa/green card.
don’t wanna stay at home doing nothing. 
 

if we applied for CR1, how long time can I stay outside the states? 
 Do I need to have all paper from both countries or just police certificate? 
 

I really appreciate your help   🙏 

[powerpuff 6,697]

~~ Topic moved from K1 forum to What Visa Do I need as it seems that OP is still weighing options and hasn’t decided ~~

[Redro 4,611]

On 4/16/2022 at 3:31 PM, Cohan said:

Thank you guys 🤗 

I’m planning to live with my girlfriend in the states. l Just asked about possibility of traveling while waiting decision, because I thought about continue working and not to quite my work in Sweden until I got the Visa/green card.
don’t wanna stay at home doing nothing. 
 

if we applied for CR1, how long time can I stay outside the states? 
 Do I need to have all paper from both countries or just police certificate? 
 

I really appreciate your help   🙏 

You do not "stay inside the States" after your partner files the I-129F or the I-130. 

Read the guides to understand the process a little better. 

 

After your partner files the I-130 or the I-129F. You should STAY OUTSIDE THE USA. You should continue your life as normal. 

If you want to see your partner, the easiest thing to do is have her visit you. You can visit the US if you want, but because you have a demonstrated immigrant intent they might not allow you to enter the USA. 

 

 

 

You can read more if you look at the top of the VJ page. Click on "Guides". 

 

 

[millefleur 5,046]

On 4/16/2022 at 1:31 AM, Cohan said:

don’t wanna stay at home doing nothing. 

Then CR-1 is the option. You need to get married first and then file for it. K-1 will mean you will be stuck inside the US with inability to work while you wait AOS, so it doesn't make sense if working and traveling is important.

 

On 4/16/2022 at 1:31 AM, Cohan said:

if we applied for CR1, how long time can I stay outside the states? 
 Do I need to have all paper from both countries or just police certificate? 

Please read the guides as mentioned above. You don't apply for CR-1, that's just the name of the visa. You start by first getting married and then filing the I-130 petition. All of this happens with you being outside the US, living in your home country. Then there are more steps you can read about further once the petition is approved.

 

For now, you need to focus on meeting your girlfriend and getting married. Being married is required for the CR-1 visa.

[Cohan 1]

Hi guys! 
thank you all for your answers, i really appreciate. 

Now I paid $300 and had an hour with a lawyer in the United States. 
He said that the best option for me is “to get married in the USA and Make adjustment status”. 
So K-1 visa and CR-1 is not the best options according to him.
he said that I would receive the green card within 6 or 8 months, and it gonna cost me around $7000 (everything).  

[powerpuff 6,697]

2 minutes ago, Cohan said:

He said that the best option for me is “to get married in the USA and Make adjustment status”. 

Since you’re outside of the US, he is blatantly suggesting you commit immigration fraud.

 

4 minutes ago, Cohan said:

and it gonna cost me around $7000 (everything).  

And for such an exorbitant amount. No comment.

[Redro 4,611]

7 minutes ago, Cohan said:

Hi guys! 
thank you all for your answers, i really appreciate. 

Now I paid $300 and had an hour with a lawyer in the United States. 
He said that the best option for me is “to get married in the USA and Make adjustment status”. 
So K-1 visa and CR-1 is not the best options according to him.
he said that I would receive the green card within 6 or 8 months, and it gonna cost me around $7000 (everything).  

What the lawyer is suggesting is immigration fraud.

You can not visit the US with the intention of getting married and applying for a green card. 

 

DO NOT FOLLOW THE LAWYER'S ADVICE. You can get into trouble and denied entry.

Here is an example of what can happen if you enter the US with the idea of staying. 

 

 

 

Edited May 6, 2022 by ROK2USA

[aaron2020 11,651]

11 minutes ago, Cohan said:

Hi guys! 
thank you all for your answers, i really appreciate. 

Now I paid $300 and had an hour with a lawyer in the United States. 
He said that the best option for me is “to get married in the USA and Make adjustment status”. 
So K-1 visa and CR-1 is not the best options according to him.
he said that I would receive the green card within 6 or 8 months, and it gonna cost me around $7000 (everything).  

You are dealing with a dishonest lawyer.

 

Please let US immigration know what intend to do, let see if they think it's a good idea.  

A green card within 6-8 months.  Ok.  I like to see that.  People are waiting for EAD/AP longer than 8 months, but this lawyer can get a green card in 6-8 months.

 

$7000 - bwaaaaaaaaaaaaaaa!!!!!   Ridiculous price.  $300 for a consultation advising you to commit immigration fraud is money flushed down the drain.  

[Cohan 1]

Thank you guys for your replays. 

I understand that I can’t visit US with ESTA and then get married and apply for green card. 
 

when I came to US I was asked at the airport about the the reason of the visit, and I said I’m going to meet my girlfriend and her family. I have no problem at all. But I didn’t say that I’m getting married and staying lol    

  The lawyer was not the only one who suggested me to come visit and get married and apply for green card, actually everyone I met in the US told me don’t go back, stay and make adjustment status. 
the question is .. why migration have this option

“ adjustment status”?  
and if the lawyer knows that is migration fraud, why would he ask for 6000$+ gov fee if he knew it dosnt work? 
 

the lawyer said if you apply for K-1 visa  you may not be able enter US until they make decision in your case. That means I can’t visit my gf for months. 
the other visa CR1 the lawyer said that we have to get married outside of the US, and my gf can’t travel because of kids and other reasons. 
I understand the lawyer wanna make money.. 

the guys replied didn’t give other alternatives, they just said the same thing “migration fraud”. 
 

[Redro 4,611]

1 minute ago, Cohan said:

  The lawyer was not the only one who suggested me to come visit and get married and apply for green card, actually everyone I met in the US told me don’t go back, stay and make adjustment status. 
the question is .. why migration have this option

“ adjustment status”?  

 

Immigration understand sometimes a person's situation changes. 

For example, someone discovers they are pregnant during the visit and decides I need to stay in the US with my husband. 

Or COVID hits or some other disaster and the tourist cannot go home before their I-94 expires. They have a spouse or USC child and decide to stay in the US. 

 

What is wrong is deciding you do not want to deal with the long waiting time for consular processing so you "visit" the US but really you've quit your job, sold your home, ended your lease and are planning to stay before you even board the plane to the US. 

 

If CBP at entry believes you are actually going to stay when you are just visiting you can be banned from the US for 3 years and then that is a whole other issue. 

Think about the language the lawyer used when he suggested you stay. Did he directly state " You should say you are visiting the US but really you will be staying and applying for a GC" or did he say "maybe you visit and change your mind?" 

Lawyers don't have to personally deal with you being denied entry but if you are denied entry they'll probably charged you a lot of money to obtain a waiver. 

WIN/WIN for the lawyer. 

[Cohan 1]

a close friend who had similar situation suggested that lawyer, and the lawyer sounded smart and have good experience when we talked with him, and he was honest. He told us you can do the whole process on your own without lawyer

 

The lawyer talked with me and my gf about 3 different options. And after discussing all of them , we felt that option was the best for us. 
the lawyer didn’t say “come and stay and make adjustment of status”. And he mentioned something I consider very important. He talked about timing of applying for adjustment of status. I mean applying within the 90 days or after that.  
 

mall people I met in the US told me “come and don’t back”  and they said the other options are for people who can’t come to US, but you have been here several times.