Should I file Fiancee or Spouse VISA to the US?

[jennypretty 0]

Hello,

 

I posted a question before but my situation is changed so I post a new question here.

I have this situation and like to get some advice. I know one woman in Vietnam online about 6 months ago while living in the US. I traveled to Vietnam to meet her about 3 months and I am still in Vietnam with her. I like to sponsor her to the US. My questions are:

1. Since I knew her only a few months, do you think I can file I-134 Fiancee visa / I-130 Spousal visa? which one is better to get approved on the interview?

2. About income, I have $50,000 cash in a bank account, $200,000 in stocks and 401k, $$20,000 yearly income, spousal support $1,500 / month , do you think I am qualified to file I-864? Before I file I864, should I sell some stocks and deposit money into my bank account?

3. About domicile, I currently use my ex-wife home address on my driver license, bank accounts and everything else since we just divorced. Should I change my address to my sister's house in the same state?

4. Do you think I can file a I-134 Fiancee visa / I-130 Spousal visa while living in Vietnam and wait until she passes the interview so we can travel together to the us?

Thanks very much!

[Dashinka 24,479]

The spousal visa is certainly superior, and since you are currently together, you could do the Utah Zoom wedding and file the I130 as soon as you get the marriage certificate.  There is no real time advantage to the I129F anymore.  As to the I864, I would go through the form, understand your household size and determine if you meet the requirements.  You can stay with her as long as you are doing it legally, but keep in mind the spousal visa processing can be 18-24 months.  As to changing your address, that depends on your situation, but if you are staying in Vietnam until your future spouse has her interview, you will need to provide proof you have re-established domicile back in the US.

 

Good Luck!

[Crazy Cat 41,809]

2 hours ago, jennypretty said:

Hello,

 

I posted a question before but my situation is changed so I post a new question here.

I have this situation and like to get some advice. I know one woman in Vietnam online about 6 months ago while living in the US. I traveled to Vietnam to meet her about 3 months and I am still in Vietnam with her. I like to sponsor her to the US. My questions are:

1. Since I knew her only a few months, do you think I can file I-134 Fiancee visa / I-130 Spousal visa? which one is better to get approved on the interview?

2. About income, I have $50,000 cash in a bank account, $200,000 in stocks and 401k, $$20,000 yearly income, spousal support $1,500 / month , do you think I am qualified to file I-864? Before I file I864, should I sell some stocks and deposit money into my bank account?

3. About domicile, I currently use my ex-wife home address on my driver license, bank accounts and everything else since we just divorced. Should I change my address to my sister's house in the same state?

4. Do you think I can file a I-134 Fiancee visa / I-130 Spousal visa while living in Vietnam and wait until she passes the interview so we can travel together to the us?

Thanks very much!

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.
   

 

[SteveInBostonI130 3,432]

If you intend to live overseas with her for the entire process, get married and file the I-130.  One immediate advantage is that the I-130 can be filed online.

 

Be aware that it will take about 18-24 months for the entire process.  You would need to sort out your authorized stay situation in Vietnam.

 

Also, your income may change with you living overseas   If you do earn enough, you will need to also prove the income will continue after you return to the US.  But this is something to work on later.  The I-864 isn't required until the NVC stage, which will be about a year from now.

 

 

[iwannaplay54 985]

12 hours ago, jennypretty said:

Hello,

 

I posted a question before but my situation is changed so I post a new question here.

I have this situation and like to get some advice. I know one woman in Vietnam online about 6 months ago while living in the US. I traveled to Vietnam to meet her about 3 months and I am still in Vietnam with her. I like to sponsor her to the US. My questions are:

1. Since I knew her only a few months, do you think I can file I-134 Fiancee visa / I-130 Spousal visa? which one is better to get approved on the interview?

2. About income, I have $50,000 cash in a bank account, $200,000 in stocks and 401k, $$20,000 yearly income, spousal support $1,500 / month , do you think I am qualified to file I-864? Before I file I864, should I sell some stocks and deposit money into my bank account?

3. About domicile, I currently use my ex-wife home address on my driver license, bank accounts and everything else since we just divorced. Should I change my address to my sister's house in the same state?

4. Do you think I can file a I-134 Fiancee visa / I-130 Spousal visa while living in Vietnam and wait until she passes the interview so we can travel together to the us?

Thanks very much!

No you do not have to sell your investments, just declare them on the I864 or I134 (whichever petition you file).  The asset rule for USC spouse is 3X the difference between actual and required income and if you are a household of two you can probably qualify on assets alone.  
You do need a domicile and it’s probably not the very best to domicile with your ex wife?  I’d suggest switching to another family member.  “Domicile” is not required, “intent to establish domicile” is the standard.  Keeping all your banking and assets in the US as well as having an address to initially live is a good start on “intent”.  
Best of luck

Edited December 20, 2022 by iwannaplay54

[pushbrk 12,868]

The Zoom wedding is certainly an option, and if the US Citizen is going to make extended visits to Vietnam, there should be no problem.  However, for the short term visitors, NOT getting married the traditional way with engagement ceremony and traditional wedding can cause problems at the visa interview.

[powerpuff 6,677]

~~ Topic moved from CR1/IR1 spousal visa forum to What visa do I Need forum ~~

[jennypretty 0]

You guys provide excellent information. I think I'll do a CR1 spousal visa which is safer and more advantage. I'll also do the traditional wedding ceremony even though I am planning to stay in Vietnam for extended time. I am not confident to do virtual wedding via Zoom.

Thanks so much.

[SalishSea 17,801]

16 hours ago, jennypretty said:

Do you think I can file a I-134 Fiancee visa / I-130 Spousal visa while living in Vietnam and wait until she passes the interview so we can travel together to the us?

Both options will take at least two years.  You can live wherever you want.