Should I get a fiancee or spouse visa (new couple looking for help)?

[JeanneAdil 6,489]

33 minutes ago, Mike E said:

If she gets an ITIN and if she agrees to let the IRS tax her world wide income. Given U.S. does not double tax, it is likely a net benefit  to the couple.

to add depending on her country and we have tax treaty with that country ,   form 2555 exludes over $100,000 of foreign  income each year

[SalishSea 17,803]

OP, keep in mind that with the Utah marriage, you will not be eligible to file the petition for a spousal visa until you next meet in person.  It may be filed online.

[carmel34 3,620]

2 hours ago, VirginiaYasin said:

but don't we need copy of her passport and ID in the application?

She doesn't need a passport for you to file the I-130 petition after marriage.  She doesn't need an ID.  You will need a marriage certificate.  Find the I-130 and I-130A to become more familiar with the forms and process, and read the guide here on VJ.  She will need a current passport much later in the process, at the NVC stage, which will be 12-18 months after filing the I-130.

[VirginiaYasin 0]

2 hours ago, carmel34 said:

She doesn't need a passport for you to file the I-130 petition after marriage.  She doesn't need an ID.  You will need a marriage certificate.  Find the I-130 and I-130A to become more familiar with the forms and process, and read the guide here on VJ.  She will need a current passport much later in the process, at the NVC stage, which will be 12-18 months after filing the I-130.

thank you, but when i file the forms, i will use her new legal name with my last name right?

[VirginiaYasin 0]

thank you all, i have one another -i hope last- question.

if we get married fast and file cr1, what evidence we submit for our relationship? we don't have(like most people in our situation) much in common like lease, bank accounts, credit cards, health insurance etc.

we never had anything together. our relationship is %100 real but we don't have much other than photos, vacations together, whatsapp chat etc. is this problem or very common?

do i have to at least open a bank account together before submitting the application?

[beloved_dingo 1,976]

35 minutes ago, VirginiaYasin said:

thank you all, i have one another -i hope last- question.

if we get married fast and file cr1, what evidence we submit for our relationship? we don't have(like most people in our situation) much in common like lease, bank accounts, credit cards, health insurance etc.

we never had anything together. our relationship is %100 real but we don't have much other than photos, vacations together, whatsapp chat etc. is this problem or very common?

do i have to at least open a bank account together before submitting the application?

Very common. Proof of time spent together is the best evidence at this early stage. Married couples living in separate countries are not expected to have joint accounts, etc. 

 

Edit to add: Boarding passes, passport stamps, and photos together are prime examples of proof of time together. 

Edited June 22, 2023 by beloved_dingo

[M+K IL 102]

8 hours ago, VirginiaYasin said:

thank you, just one problem i have in my mind with it.

lets say we are married, my wife's lastname will change so she will have to apply for new passport and id

She doesn't have to change her name,.it is an option. 

 

My wife and I wanted to change our names but decided to wait until naturalization so we don't have to deal with either mismatched names or home country's bureaucracy.

 

[Loren Y 2,755]

13 hours ago, VirginiaYasin said:

thank you, just one problem i have in my mind with it.

lets say we are married, my wife's lastname will change so she will have to apply for new passport and id. in her country, this takes a couple of months because of backlog.

can we apply cr1 with her old password(that has her lastname before marriage)?

or do we have to wait until she is married to me in her country as well. i just don't know how our home county accepts utah online marriage. our country may ask for proof of marriage to update the last name.

i mean can we apply cr1 without updating her password with her new last name but she can eventually do it later?

i hope my question makes sense.

When my wife and I got married, we didn't bother with the whole name change thing, it doesn't make you more or less married, and we have had no issue with different last names. If it really is a issue, later after you are all done with the immigration process, a quick visit to a judge and you can change your name.

[Crazy Cat 41,814]

5 hours ago, Loren Y said:

When my wife and I got married, we didn't bother with the whole name change thing, it doesn't make you more or less married, and we have had no issue with different last names. If it really is a issue, later after you are all done with the immigration process, a quick visit to a judge and you can change your name.

Same with us.  No name change, no issues, no inconvenience.

[VirginiaYasin 0]

7 hours ago, Loren Y said:

When my wife and I got married, we didn't bother with the whole name change thing, it doesn't make you more or less married, and we have had no issue with different last names. If it really is a issue, later after you are all done with the immigration process, a quick visit to a judge and you can change your name.

 

12 hours ago, M+K IL said:

She doesn't have to change her name,.it is an option. 

 

My wife and I wanted to change our names but decided to wait until naturalization so we don't have to deal with either mismatched names or home country's bureaucracy.

 

in our country, unfortunately it takes more time and application if you choose to use your lastname, otherwise i wouldn't do it etieher but by default, bride takes husband's lastname so it is a must. i hope you understand.

but to clarify, we can still fill and send paperwork with her "new" last name and change everything (passport, id) later before the interview and this will be ok right?

[Crazy Cat 41,814]

13 minutes ago, VirginiaYasin said:

we can still fill and send paperwork with her "new" last name and change everything (passport, id) later before the interview and this will be ok right?

Yes.

[Redro 4,611]

33 minutes ago, VirginiaYasin said:

 

in our country, unfortunately it takes more time and application if you choose to use your lastname, otherwise i wouldn't do it etieher but by default, bride takes husband's lastname so it is a must. i hope you understand.

but to clarify, we can still fill and send paperwork with her "new" last name and change everything (passport, id) later before the interview and this will be ok right?

Some people have changed/updated their passports between DQ and interview…they then take both passports to the interview.  You will be fine. The immigration process takes about 18-24 months. 

[milimelo 4,475]

46 minutes ago, VirginiaYasin said:

 

in our country, unfortunately it takes more time and application if you choose to use your lastname, otherwise i wouldn't do it etieher but by default, bride takes husband's lastname so it is a must. i hope you understand.

but to clarify, we can still fill and send paperwork with her "new" last name and change everything (passport, id) later before the interview and this will be ok right?

What country are we talking about?

[M+K IL 102]

1 hour ago, VirginiaYasin said:

 

in our country, unfortunately it takes more time and application if you choose to use your lastname, otherwise i wouldn't do it etieher but by default, bride takes husband's lastname so it is a must. i hope you understand.

but to clarify, we can still fill and send paperwork with her "new" last name and change everything (passport, id) later before the interview and this will be ok right?

That's a bummer.

 

You have the option of marrying in the US instead of course. Either if your fiancée has a tourist visa, or via Utah Zoom.

 

My wife and I got married in the US, then she went back and applied for her new dependent visa. So in our home country our status is unclear - we reported it to our consulate but we only have to process all the paperwork if we ever leave the US to go back home permanently.

 

So... as far as US immigration is concerned, a US marriage is probably simpler anyway. No need to translate the marriage certificate, no need to change names.

[Clink2023 3]

Response to your questions

1 - I am afraid, we may regret not getting married for cr1 visa because i heard fiance(k1) visa is taking 2 years, is this right? 

K-1 visa for us (I understand everyone goes through different lengths and time for various reasons) has been 2 years to get to the second step of process. I've known others in similar circumstances who were ahead of us because they were on the marriage visa route. We still have at least another year, so 3 years total in our k-1 journey. 

2 - I am afraid, uscis doesn't care about k1 visa and may ignore it or let it wait, is this true?

We had some complications with USCIS and NVC tossing our application back and forth - I am not sure why but cr1 visa route may have avoided this. I don't believe they actively ignored any visa, but others may be prioritised.

3 - do most people regret choosing k1, i heard mixed reviews. what would you do if you were in our sitatuion(please review our option 1 and option 2)

I can't fully say I regret anything yet until we've made it through the process. Because of other factors (work, life) we are not in any rush to get to the states, so if time was of an essence, the cr1 visa would have been more advantageous. 

4- is it ok if we have a cultural/religious ceremony(not official marriage) after we applied k1 visa? We will only be engaged but have a small ceremony.

Not sure. 

5- what would you do if you were in our situation? wait 3 months and apply for cr1 or start k1 right away(our goal is to be together in the usa, as soon as possible)

K-1 visa will take longer it seems like, so applying for cr1 "might" be the best option if you want to decrease the wait, but again haven't not gotten through our own process -  I cannot say for sure. I think everyone's situation is incredibly unique and the process far from easy. Wish you and your partner the best.