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

[JonKB 0]

14 minutes ago, Crazy Cat said:

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

Me, 61. Her 56. I'll claim my SS next year before my birthday.

[SalishSea 18,074]

44 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. 

Why do a K-1?   That makes no sense.

[SalishSea 18,074]

37 minutes ago, JonKB said:

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.

 

K-1 is a one time entry visa.   She’d need a new visa to come back.

 

if she has no plans to live in the US anytime soon, why bother with a visa at all?   Just get married.

[powerpuff 6,747]

44 minutes ago, Jorgedig said:

if she has no plans to live in the US anytime soon, why bother with a visa at all?   Just get married.

Agreed. She can come here on a tourist visa, get married and immediately leave. She can continue visiting as a tourist at the discretion of CBP. When she’s ready to actually move to the US and make it a permanent home, you can petition her as spouse.

[JeanneAdil 6,606]

Your medicare and SSA are yours /u iwill have to buy health care insurance for her

she is not eligible for medicare or SSA unless 1 of 2 happens

1. she works 5 years and applies for benefits

2.  something happens to u (and u are collecting SSA) and she is eligible for survivor's benefits

 

Totally agree with others

marry and apply for the spouse visa

if she has that visa she is free to return home for limited times to see to affairs there

 

[Scandi 4,176]

5 hours 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. 

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?

What is this paperwork you mention? 

[Crazy Cat 42,040]

5 hours ago, JonKB said:

Me, 61. Her 56. I'll claim my SS next year before my birthday.

OK.  Thanks.  Her Social Security spousal benefits and Medicare are still several years away.  Good luck.  

[Redro 4,611]

8 hours 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. 

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?

Where is your girlfriend from?

Is it possible for her to travel to the US on ESTA/ Does she have a B1/B2 visa?

The best bet is for her to obtain a tourist visa for the States so she can visit you before she is ready to move. 

Then you can either get married in the US or in her home country sometime this year. 

You can then file an I-130 for her about 2 years before she plans to move to the US and she will receive her GC on arrival.

K-1 does not make sense in your situation as currently the first part of the process is taking about 13 months. 

This does not include time from I-129F approval to interview (that time differs depending on country). 

[SteveInBostonI130 3,477]

16 hours ago, JonKB said:

Me, 61. Her 56. I'll claim my SS next year before my birthday.

If she can't get a tourist visa anytime soon, then fly over to her and get married there, or do a Utah Zoom marriage.  If you do the online marriage, you being there with her satisfies the "consumation" requirement.

 

Then file for a spouse visa, I-130.  It will take 1-2 years to get approved, and if she is still not ready to move to the US when it is approved, you can slow it down at the NVC stage until you are ready.

 

If you are going to retire next year, maybe it is best to go live with her in her country as you guys wait for the approval.

[Mike E 11,742]

16 hours ago, JonKB said:

Me, 61. Her 56. I'll claim my SS next year before my birthday.

.

 

 If you pass away first, then she will get your benefit

 

Thus if you can wait until she 70, it is to her benefit

[Carpe Vinum 2,330]

I occasionally differ from the majority view that the K-1 is the inferior choice. Especially for couples who may not have known each other a long time. But you have known your intended partner for a long time. Marriage and the CR-1 seems the best choice for you. Good Luck.

[JamieCO1 1]

I apologize if I'm reading this wrong, but she cannot leave the country after getting married until you file AOS and get advanced  parole.

[TBoneTX 45,872]

1 hour ago, JamieCO1 said:

I apologize if I'm reading this wrong, but she cannot leave the country after getting married until you file AOS and get advanced  parole.

If she entered with use of the K-1 visa, she can leave at any time, but she wouldn't be able to lawfully return unless the couple started all over by filing the I-130 petition and was approved for the CR-1 or IR-1 visa.

[Angela & Paul 12]

On 8/23/2022 at 3:53 AM, Mike E said:

.

 

 If you pass away first, then she will get your benefit

 

Thus if you can wait until she 70, it is to her benefit

Hold your horses… she would get the benefits - and could be partial benefits - once she’s ELIGIBLE for retirement which is normally 62 and lowered to 60 for survivor benefits. Consult with your local SS office.

Until she’s 60 a life insurance policy would be highly recommended. 
I’m not sure about Medicare, I haven’t called them yet about the issue (spouse much younger than the one applying for benefits).

[Mike E 11,742]

16 minutes ago, Angela & Paul said:

Hold your horses…

Nah, won’t be doing that.  
 

Quote

 

she would get the benefits - and could be partial benefits - once she’s ELIGIBLE for retirement which is normally 62 and lowered to 60 for survivor benefits. Consult with your local SS office.

https://www.ssa.gov/benefits/survivors/ifyou.html#h0
 

“If you already receive benefits as a spouse, your benefit will automatically convert to survivors benefits after we receive the report of death.”

 

https://www.newyorklife.com/articles/make-the-most-of-social-security-benefits

 

“In general, it makes sense for the spouse with the larger Social Security benefit to delay claiming up until age 70 to maximize the household’s retirement benefit.”

We will likely follow the rest of the advise. Me take benefits at age 70, and my wife take benefits at age 62 … her benefit will be 50 percent of mine.  

 

Quote

Until she’s 60 a life insurance policy would be highly recommended. 

Taking out a new life insurance policy on a 61 year old is likely  to be prohibitive.