wait to apply for green card New spouse has to go home after marrying

[JonKB 0]

Hi, 

Does my girlfriend of 14 years have to apply for her green card when she gets approved for her K1 visa and comes here so we can marry? She has her house and Son in college to take care of in her Country and will go home after we get married at the Courthouse. 

Her father (96) passed recently and she took care of him all those years, so we waited to think about getting married. We did all our paperwork way back then and had it approved by the County clerks in both Countries, and translated.

We will probably wait until we have been married for two years then apply for her "automatically approved" Green Card.

But, back to my question...She has to go home right afterwards. What do we have to do paperwork wise? They can't make her stay here, can they?

[Boiler 46,074]

No paperwork beyond a ticket and a passport.

[powerpuff 6,748]

She is free to leave. You will need to start over from scratch with a CR1 spousal visa. Takes about 18-24 months, you might be able to time it right and have her enter after your 2 year anniversary to receive a 10 year GC.

[Crazy Cat 42,232]

20 minutes ago, JonKB said:

We will probably wait until we have been married for two years then apply for her "automatically approved" Green Card.

A what?  Never heard of that...

[Mike E 11,742]

20 minutes ago, JonKB said:

Hi, 

Does my girlfriend of 14 years have to apply for her green card when she gets approved for her K1 visa and comes here so we can marry? She has her house and Son in college to take care of in her Country and will go home after we get married at the Courthouse. 

 

Has she had her K-1 visa interview yet?

[Verrou 1,962]

1 minute ago, Crazy Cat said:

A what?  Never heard of that...

OP probably think that if they got married for 2 years they will “automatically” got 10 years GC instead of conditional one 

[Timona 4,208]

OP is rotating within a circle. Why K-1 if she's just coming in to marry and leave to pursue CR-1? You could have just taken the CR-1 path direct. You've lost time and $$

[JonKB 0]

20 minutes ago, Mike E said:

Has she had her K-1 visa interview yet?

Not yet. We're in the beginning stage of trying to see what is involved. She cannot come here to live permamently until her Son finishes college. 

[Crazy Cat 42,232]

7 minutes ago, JonKB said:

Not yet. We're in the beginning stage of trying to see what is involved. She cannot come here to live permamently until her Son finishes college. 

Then, a K-1 might not be the best choice.  Have you considered marrying and filing for a CR-1/IR-1 visa instead?

 

Every couple has their own priorities, and each couple must decide which visa is better for their situation.

K-1        
    More expensive than CR-1    
    Requires Adjustment of Status after marriage (expensive and requires a lot of paperwork)    
    Spouse can not leave the US until she/he receives approved Advance Parole (approx 6-8 months)    
    Spouse can not work until she/he receives EAD (approx 6-8 months)    
    Some people have had problems with driver licenses, Social Security cards, leases, bank account during this period    
    Spouse will not receive Green Card for many months after Adjustment of Status is filed.
    A K-1 might be a better choice when 18-21 year old children are immigrating also
    In some situations, marriage can affect certain Home country benefits, making a K-1 a better choice   
    A denied K-1 is sent back to USCIS to expire
    

CR-1
    Less expensive than K-1    
    No Adjustment of Status(I-485, I-131, I-765) required.    
    Spouse can immediately travel outside the US    
    Spouse is authorized to work immediately upon arrival.    
    Spouse receives Social Security Card and Green Card within 2 or 3 weeks after entering the US    
    Opening a bank account, getting a driver's license, etc. are very easily accomplished with GC, SS card, and passport.
    Spouse has legal permanent Resident status IMMEDIATELY upon entry to US.
   

 

Edited August 22, 2022 by Crazy Cat

[JonKB 0]

3 minutes ago, Timona said:

OP is rotating within a circle. Why K-1 if she's just coming in to marry and leave to pursue CR-1? You could have just taken the CR-1 path direct. You've lost time and $$

I am just asking, if she does the 90 day fiance visa and marries here then goes back home 2 weeks later what will happen? Can she come to visit a month at a time like I've been doing for 15 years to her now that we are married, or will they require a new visa or dependant visa??? At our age, the sooner she's my spouse and my benificiary she'll get my pensions and SS income.

 

[Mike E 11,742]

5 minutes ago, JonKB said:

Not yet. We're in the beginning stage of trying to see what is involved. She cannot come here to live permamently until her Son finishes college. 

So expect the CO who interviews here what her plans are after she marries you in the USA with respect to all the things she has going on in her current country. If she says she plans on immediately returning then don’t be surprised by a denial. 
 

My wife had listed her bricks / mortar business as her current form of employment and the CO asked what she was going to do about that if she got a K-1 (her answer was: cede the business to her brother).  
 

 

[Mike E 11,742]

2 minutes ago, JonKB said:

Can she come to visit a month at a time like I've been doing for 15 years to her now that we are married, or will they require a new visa or dependant visa??? At our age, the sooner she's my spouse and my benificiary she'll get my pensions and SS income.

 

She is not likely to get a visitor visa and even if she does or she is visa waived  or visa exempt she is unlikely to be admitted into the USA. 
 

She will need to file for an immigration visa. 

Edited August 22, 2022 by Mike E

[Crazy Cat 42,232]

4 minutes ago, JonKB said:

At our age, the sooner she's my spouse and my benificiary she'll get my pensions and SS income.

My wife just turned 65, and just (this month) started receiving Social Security benefits and Medicare based on my work record.  You will need to be married for a year... and she will have to have lived in the US as a legal resident (green Card) for 5 years.  That is in addition to the age restrictions.   I would marry asap.  A K-1 would not benefit you, imo.

Edited August 22, 2022 by Crazy Cat

[Crazy Cat 42,232]

13 minutes ago, JonKB said:

At our age

What are your ages, if I may ask?  Age is relevant for SS and Medicare.

Edited August 22, 2022 by Crazy Cat

[JonKB 0]

Ok, thank Mike, Crazy Cat...

We had to wait all these years because of her father not approving of me and the time wasn't right. Now, he's passed and we're older. I go there a couple times a year, a month at a time. She can't stay here for now, so whichever visa works the best for us will work. She needs to go home afterwards but still be able to visit me here for a month at a time too.