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

[Crazy Cat 41,812]

The immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  Failure in any of these areas can result in delays, extra expense, and heartbreak. 

[tbmy 8]

I'm also in favor of the CR-1. My partner and I had weighed the pros and cons while we were trying to decide whether to bring him to the US as a fiancé (preferred) or get married. In the end, after seeing the processing time (80% at 16 months), and the I-130 (80% about 13.5 months), DS-260 for the CR-1/IR-1, the processing times seemed to be similar (possibly CR-1/IR-1 a little bit shorter potentially) and you could work in the US right away upon arrival whereas with the K-1 you are stuck in limbo after getting married (being unable to work, waiting for adjustment of status, etc.). Overall I'd highly recommend the CR-1 route

[VirginiaYasin 0]

8 minutes ago, Mike E said:

Get married online. This starts a 2 year clock.  Meet up. File I-130. Time NVC process so that the medical exam will be no sooner than the 19 months after marriage. Enter U.S. on or after 2 years of marriage to avoid I-751.

thank you. can you explain online marriage? do you mean utah online marriage? does uscis accept that and please understand most people are not used to the term online marriage, it sounds weird but i am curious if it works, we can try. can you please educate me on it?

[Crazy Cat 41,812]

1 minute ago, VirginiaYasin said:

thank you. can you explain online marriage? do you mean utah online marriage? does uscis accept that and please understand most people are not used to the term online marriage, it sounds weird but i am curious if it works, we can try. can you please educate me on it?

Yes.  Utah online marriage.  Numerous members here have done it.  You must meet after the ceremony, then start the CR-1 process.  USCIS will not recognize the marriage until you have met either during or after the ceremony. 

Edited June 22, 2023 by Crazy Cat

[JeanneAdil 6,489]

marry this  year (Utah zoom or in fiancee country)

file 2023 taxes as married by iRS site instructions/check the site below out before your trip to meet as there is info needed from the new spouse to file the W7 and do yourself a favor and get a POA from her

 

https://www.irs.gov/individuals/international-taxpayers/nonresident-spouse

 

Cost to file K1 plus AOS after US marriage is expected to go up in 2023 

AOS is to get the green card and advance parole (to travel)  

 

K1 from $535 to $720

AOS  from $1225 to #2820

 

Depending on the country a K1 can be denied 

and the F1 is no loner valid as the person is no longer studying here

Edited June 22, 2023 by JeanneAdil

[VirginiaYasin 0]

Just now, Crazy Cat said:

Yes.  Utah online marriage.  Numerous members here have done it.

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.

[Crazy Cat 41,812]

Just now, VirginiaYasin said:

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

Yes.  Use her new legal name on all immigration paperwork.  You will have plenty of time to change her passport name. 

[Dashinka 24,480]

2 minutes 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.

Sure, people update passports all the time during the process.  What country is your fiancé from?

[JeanneAdil 6,489]

2 minutes 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.

old passport is ok

take the new passport to interview ./plenty of time to update passport while you go thru the process

the I 130 will tell u to list all names used (or precviously used)

[VirginiaYasin 0]

1 minute ago, Crazy Cat said:

Yes.  Use her new legal name on all immigration paperwork.  You will have plenty of time to change her passport name. 

okay but you said "use her new legal name". so you mean when we fill the papers, we will use her "new" legal name (including my last name) but change passport and IDs later.

but don't we need copy of her passport and ID in the application? in this case, that copy in the application will have her "old" legal name. 

am i overthinking? but i know these small stupid mistakes can cost a denial so thanks

[Dashinka 24,480]

16 minutes ago, Caboose29 said:

As someone who’s already been through the process as a K1, AND received the green card in less than 12 months, I would still strongly recommend going the CR1 route.  I think the overall timeline will be very similar, but will be much less stressful on the back end with the CR1. 
 

I’m surprised no has mentioned the tax benefit of going CR1 as well. It’s my understanding that as soon as you are married you can claim her on you taxes, even before she arrives stateside, thus possibly reducing your expenses even more. 

We were pretty much the same, and I also would recommend the spousal visa route.  The K1 is becoming much more obsolete given the increased processing time and the fact that the Utah Online Zoom wedding can work for same-sex couples (same sex couples in some countries that did not accept SS marriages benefitted from the K1).

[Crazy Cat 41,812]

1 minute ago, VirginiaYasin said:

okay but you said "use her new legal name". so you mean when we fill the papers, we will use her "new" legal name (including my last name) but change passport and IDs later.

Yes.  The old passport is OK because the marriage certificate is a legal name change document for USCIS.  

[Dashinka 24,480]

1 minute ago, VirginiaYasin said:

okay but you said "use her new legal name". so you mean when we fill the papers, we will use her "new" legal name (including my last name) but change passport and IDs later.

but don't we need copy of her passport and ID in the application? in this case, that copy in the application will have her "old" legal name. 

am i overthinking? but i know these small stupid mistakes can cost a denial so thanks

Yes, but the application is a US form, and the US will recognize the Utah Online Marriage Certificate as soon as you have met in person after the ceremony.  When my wife filed for her AOS, we used her new married name even though her passport still has her old name, and honestly, we have no plans to change her other passport name.

[tbmy 8]

5 minutes ago, VirginiaYasin said:

okay but you said "use her new legal name". so you mean when we fill the papers, we will use her "new" legal name (including my last name) but change passport and IDs later.

but don't we need copy of her passport and ID in the application? in this case, that copy in the application will have her "old" legal name. 

am i overthinking? but i know these small stupid mistakes can cost a denial so thanks

You do not need to change the names for the passport or drivers license to reflect the married name upon filing for the I-130. Based on legal counsel I had received, the name of the wife could be changed to reflect the married name, but you could submit the passport as is. 

[JeanneAdil 6,489]

16 minutes ago, VirginiaYasin said:

okay but you said "use her new legal name". so you mean when we fill the papers, we will use her "new" legal name (including my last name) but change passport and IDs later.

but don't we need copy of her passport and ID in the application? in this case, that copy in the application will have her "old" legal name. 

am i overthinking? but i know these small stupid mistakes can cost a denial so thanks

some of us don't change our last name,  so ask her which one she intends to use for the future

she will be just starting out in the US so not a big deal to change name but for me ,  it was too much work to change it