Applying while living with my fiance.

[Williamkey32 1]

Hello, all. 

I just wanted to ask some questions to maybe ease my mind a little. It's a 3 parter. 

My finace is from Vietnam. We currently live together and have done so since 2020, while meeting back in 2019. We have a 1 year old beautiful girl together. Our legitemacy isn't the issue, but I did have some concerns as we start her K1 visa process. 

Documents: What's the best way to send in the application? Should I fly back to the States and do it? Mail it to a close family or friend? What about the payment? Money order? There is so much, that even talking to a friend who went through this process in 2019, I'm still not sure about. 

Income: Technically, I pass the threshold by quite a bit. I am not sure if my situation is unique or not. I work for a US company as a UX Designer but it has offices located in Vietnam. Half of my pay is depostited in my US account and the other half, in my Vietnamese account. My docoments are set up to allow me to legally work in Vietnam. What are the reviewers looking when it comes to income? My brother already mentioned he would co-sign for me, but I'd rather avoid that if possible. But, if co-signing gives me the best chance, then I will. 

Arrest: Back in 2012, I was stupid and got arrested for simple larceny. Took a painting off a wall because I was stupid, in college and drunk at the time. Of course, no excuse. There are no convictions, etc and with only an arrest on record. How likely will that affect me?

I'm assuming a lot of these questions were asked here but there is something reasurring about getting answers in real time so any help, insights or opinions are greatly appreciated. Thank you so much. 

Edit: I forgot to ask one more question. I'm getting confilicting reports. At the beginning of 2021, we had an unoffical ceremony for her family. We wanted to do it because of her grandparents declining health. We aren't legally married in the eyes of the Vietnam government, and I guess only in the eyes of her family. I'm reading that we shouldn't share those pictures in the application, etc. 

 

Edited February 25, 2023 by Williamkey32

[Crazy Cat 41,814]

Why a K-1??  OFFICIALLY marry and file for a spousal visa.

 

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 February 25, 2023 by Crazy Cat

[Crazy Cat 41,814]

Another reason for a spousal visa is that the CO can say you are too married for a K-1.  I would just marry and file the I-130s.

[Williamkey32 1]

Thanks for replying. 

This certainly was something I looked into. Vietnam, depending on the provence the person is from, makes it extremely difficult. 

For example, if my fiance was from Ho Chi Minh City, I probably wouldn't be asking right now. It's pretty straight forward. But, there are different requirements for each provence and the hoops we had to go through weren't worth it. 

[Crazy Cat 41,814]

2 minutes ago, Williamkey32 said:

Thanks for replying. 

This certainly was something I looked into. Vietnam, depending on the provence the person is from, makes it extremely difficult. 

For example, if my fiance was from Ho Chi Minh City, I probably wouldn't be asking right now. It's pretty straight forward. But, there are different requirements for each provence and the hoops we had to go through weren't worth it. 

A Utah Zoom marriage is easy and legal.  You would have a Utah marriage certificate.  A spousal visa would eliminate a LOT of headaches in the future.

Edited February 25, 2023 by Crazy Cat

[Williamkey32 1]

Hmm. Very interesting. I have never heard of this but I am certainly going to look into it. 

[Crazy Cat 41,814]

1 minute ago, Williamkey32 said:

Hmm. Very interesting. I have never heard of this but I am certainly going to look into it. 

I have seen a LOT of people here who regret having filed for a K-1.  I have yet to see anyone who filed a spousal visa, then wished they had filed a K-1 instead. 

[Rocio0010 5,579]

If you like simplicity, file for a spousal visa.

[SalishSea 17,803]

1 hour ago, Williamkey32 said:

Hmm. Very interesting. I have never heard of this but I am certainly going to look into it. 

Another vote for the Utah route, if you can.

 

The ceremony you had could well lead to a K-1 denial, and that would be two years wasted.  Even if you don't include pictures, the fact is that it was done, and you can't "hide" it from USCIS/DOS.

 

Spousal visa process will be cheaper, less time, and your spouse will have a green card immediately upon entering the US.  

Edited February 25, 2023 by Jorgedig

[SteveInBostonI130 3,432]

1. Utah zoom wedding or similar

 

2. CR1/IR1 spouse visa petitioners are not subject to the AWA background checks for K1 petitioners.  If you do K1, there is a chance your petition will go to Vermont and take an extra year to process.

 

3. You can file I-130 for CR1 online.  I-129F for K1 needs to be physically mailed.

 

4. "Unofficial" ceremony may be too married for K1 in the eyes of the consulate.

 

5.  CR1 is just plain better.