CR1 visa vs K1: overall wait for green card

[rocky95 53]

9 hours ago, Mike E said:

I think your first priority should the over all wait for a 10 year green card.  People who become LPRs through marriage of under 2 years to a petitioner get conditional green cards and conditional LPR status. People married for 2 or more years get 10 year green cards.  
 

So get married now using the Utah remote  presence marriage ceremony, and then file I-130/I-130A the next time you meet. Then time NVC upload / DS-260 so that they are 18 months after you got married and then don’t enter the USA until the 2 year wedding anniversary 

other than applying again after the 2 years, is a conditional green card problematic? Like does it lower your chances of getting a job or anything? what benefit comes with staying apart longer 

[pushbrk 13,133]

9 hours ago, Crazy Cat said:

I know of no significant rejection or denial rate difference.  Other members might have more information regarding that.  

Note: Be aware that USCIS will not recognize a marriage until both parties have been in the presence of each other either during or after the marriage ceremony.  This is important if you plan an online Utah marriage, for example.  

Yes, and the OP is not a statistic.  They are two people in an actual relationship.  The relationship (and sometimes the country of origin) are what determines approval or denial of petitions and visa.  For example there ARE countries where K1 is a bad idea overall and worse depending on the circumstances.  OP has not (to this point in the thread) mentioned their country of origin or other pertinent circumstances that could be red flags.

 

Either way though, CR1 fits their priorities better, BUT this wouldn't even be a question if they were already married.  That means they are NOT.  Meaning they must add to any comparative timelines the time between NOW and when they could marry.

[Mike E 11,742]

11 minutes ago, rocky95 said:

other than applying again after the 2 years, is a conditional green card problematic? Like does it lower your chances of getting a job or anything? what benefit comes with staying apart longer 

You have to carry a 2 year extension  letter with you. It’s often drama to travel with it as airlines  and cruise lines don’t understand it.  Some countries that grant a visa waiver to LPRs don’t always understand an extension letter.  Lenders don’t always understand it. You can’t naturalize without it.  Some employers don’t understand it.  
 

it gets exhausting fighting every one to recognize my wife’s LPR status. I don’t want to what little time I have on earth fighting this.  
 

As for staying apart longer, that’s optimistic.  Some people could have delayed their entry by less than month and now they are dealing with this endless nightmare.  Some extension letters have expired and now they have to get I-551 stamps. Not all field offices are willing to grant them. 
 

We will sue USCIS to force a decision if she has to get a stamp or her naturalization is delayed.  That’s probably about $10K.  Kinda ironic for a DIY site.  But if it is costing us $10K it’s costing USCIS.  Fees that could have give to processing petitions will now go to DHS lawyers fighting us.  
 

Had Utah remote presence marriage been available we would have gone the cr-1 route.  

Edited May 1, 2022 by Mike E

[pushbrk 13,133]

10 minutes ago, rocky95 said:

other than applying again after the 2 years, is a conditional green card problematic? Like does it lower your chances of getting a job or anything? what benefit comes with staying apart longer 

You just avoid a second filing and the associated fees.  Privileges do not change, and status is extended upon application (virtually) so no loss of status or privilege.  For international travel, you carry the expired green card and the original of the extension letter.

[pushbrk 13,133]

2 minutes ago, Mike E said:

You have to carry a 2 year extension  letter with you. It’s often drama to travel with it as airlines  and cruise lines don’t understand it.  Some countries that grant a visa waiver to LPRs don’t always understand an extension letter.  Lenders don’t always understand it. You can’t naturalize without it. 
 

As for staying apart longer, that’s optimistic.  Some people could have delayed their entry by less than month and now they are dealing with this endless nightmare.  Some extension letters have expired and now they have to get I-551 stamps. Not all field offices are willing to grant them. 
 

We will sue USCIS to force a decision if she has to get a stamp or her naturalization is delayed.  That’s probably about $10K.  Kinda ironic for a DIY site.  
 

Had Utah remote presence marriage been available we would have gone the cr-1 route.  

Waiting two or three months, is definitely worth it.  It's not clear to me whether the Utah marriage date, or the consummation date, are what is considered when determining IR1 or CR1 status upon entry.  No evidence either way, as far as I know, so best to presume it's going to be consummation date.

[Ryan H 3,834]

***Hijack post removed; if you have your own question, you need to start your own thread.***

[nakm 2]

5 hours ago, pushbrk said:

Yes, and the OP is not a statistic.  They are two people in an actual relationship.  The relationship (and sometimes the country of origin) are what determines approval or denial of petitions and visa.  For example there ARE countries where K1 is a bad idea overall and worse depending on the circumstances.  OP has not (to this point in the thread) mentioned their country of origin or other pertinent circumstances that could be red flags.

 

Either way though, CR1 fits their priorities better, BUT this wouldn't even be a question if they were already married.  That means they are NOT.  Meaning they must add to any comparative timelines the time between NOW and when they could marry.

Just some pertinent info on my situation: My fiancé is from Thailand. We both currently live in Thailand. I own 3 houses in the USA which I rent out for income. I currently get mail sent to my parents’ house (not sure If that is enough to qualify as a “domicile”). I’ve heard that Thailand is somewhat of a “red flag” country in the eyes of immigration. So that’s the main reason I don’t even want to risk the K1 visa process… we can easily get married here in Thailand (takes about 3 days total), so I think that’s the better option for me at this point. 
thanks for all your advice - I really appreciate it

 

[pushbrk 13,133]

2 hours ago, nakm said:

Just some pertinent info on my situation: My fiancé is from Thailand. We both currently live in Thailand. I own 3 houses in the USA which I rent out for income. I currently get mail sent to my parents’ house (not sure If that is enough to qualify as a “domicile”). I’ve heard that Thailand is somewhat of a “red flag” country in the eyes of immigration. So that’s the main reason I don’t even want to risk the K1 visa process… we can easily get married here in Thailand (takes about 3 days total), so I think that’s the better option for me at this point. 
thanks for all your advice - I really appreciate it

 

I wouldn't call Thailand a red flag country but they do tend to scrutinize K1 more than CR1.  One of the few that way.

 

Being a "landlord" means you are self employed.  Most landlords (at least on their tax returns) operate at a loss due to the favorable expense and depreciation deductions available.  Note that the "total income" line on your latest tax return is your "current income" you are using to qualify.  Check those numbers for the past three years.  You won't need to do an affidavit of support until you've probably filed your 2022 return in 2023 but you'll be giving that total income number for three years in a row.  If you "income" is not sufficient, you'll need to document your assets with appraisals and mortgage statements, (or use liquid assets) or get a qualified joint sponsor.

 

So, get married and file.  If it looks like things are moving too fast, you can always delay at the NVC stage, but you cannot speed things up any other way that to marry and file as soon as possible.

[nakm 2]

20 hours ago, pushbrk said:

I wouldn't call Thailand a red flag country but they do tend to scrutinize K1 more than CR1.  One of the few that way.

 

Being a "landlord" means you are self employed.  Most landlords (at least on their tax returns) operate at a loss due to the favorable expense and depreciation deductions available.  Note that the "total income" line on your latest tax return is your "current income" you are using to qualify.  Check those numbers for the past three years.  You won't need to do an affidavit of support until you've probably filed your 2022 return in 2023 but you'll be giving that total income number for three years in a row.  If you "income" is not sufficient, you'll need to document your assets with appraisals and mortgage statements, (or use liquid assets) or get a qualified joint sponsor.

 

So, get married and file.  If it looks like things are moving too fast, you can always delay at the NVC stage, but you cannot speed things up any other way that to marry and file as soon as possible.

Wow this is great advice - thank you so much! :)… last question: do my 3 rentals (I own them outright  - no mortgage payments) satisfy the showing of intention to live in the US?.. or are there other items that will be used to satisfy this when the time comes to prove it?… I have always received mail (taxes, bills, bank statements ) at my parents’ house for several years now even though I spend 9 months per year in Thailand on a work visa.

[pushbrk 13,133]

18 hours ago, nakm said:

Wow this is great advice - thank you so much! :)… last question: do my 3 rentals (I own them outright  - no mortgage payments) satisfy the showing of intention to live in the US?.. or are there other items that will be used to satisfy this when the time comes to prove it?… I have always received mail (taxes, bills, bank statements ) at my parents’ house for several years now even though I spend 9 months per year in Thailand on a work visa.

I don't see a domicile issue in your case.  Not usually a big issue in Bangkok anyway.  Bigger issue is whether your tax return shows enough total income left over after you take your legitimate deductions.  Rental revenue is not income in your case.  Your income comes from a specific line on your tax return but is effectively, revenue minus expenses and depreciation.