CR1 or K1 (Peru)

[StrangeHmm 1]

I am engaged to my fiancee.

 

I have been living here in Peru with her for a total combined time of about one year.

 

I am in Peru as a tourist on a tourist visa which means every 3 months or so I have to leave and stay in the US for a month. We want to get married because we are in love and being able to fix the visa issues would make life so much easier. I am asking about which visa to apply for as I am unfamiliar with the process and feel like I need some advice.

 

Once married, we plan on living in Peru for 2-3 years so that I can get the citizenship here and become Peruvian but after that we would like to go to America one day.

 

I have some concerns as their is a largish age gap (16 years). I am 25 years old and she is 41. She works as a doctor in hospital and I am studying an online bachelor's degree program for an American university. Truthfully she maintains me with her salary. We had gotten pregnant but unfortunately we had a miscarriage. Will the age gap be seen as an issue? Which visa (CR1 or K1) should I plan for?

 

Thanks in advance!

[Redro 4,611]

6 minutes ago, StrangeHmm said:

I am engaged to my fiancee.

 

I have been living here in Peru with her for a total combined time of about one year.

 

I am in Peru as a tourist on a tourist visa which means every 3 months or so I have to leave and stay in the US for a month. We want to get married because we are in love and being able to fix the visa issues would make life so much easier. I am asking about which visa to apply for as I am unfamiliar with the process and feel like I need some advice.

 

Once married, we plan on living in Peru for 2-3 years so that I can get the citizenship here and become Peruvian but after that we would like to go to America one day.

 

I have some concerns as their is a largish age gap (16 years). I am 25 years old and she is 41. She works as a doctor in hospital and I am studying an online bachelor's degree program for an American university. Truthfully she maintains me with her salary. We had gotten pregnant but unfortunately we had a miscarriage. Will the age gap be seen as an issue? Which visa (CR1 or K1) should I plan for?

 

Thanks in advance!

How are you planning to obtain Peruvian citizenship?

Through marriage to your partner or via another avenue?

If through marriage (and your plan is to live in Peru first)  you don’t have a choice. Spousal visa will be the only option. 

 

Edited August 29, 2023 by Redro

[StrangeHmm 1]

1 hour ago, Redro said:

How are you planning to obtain Peruvian citizenship?

Through marriage to your partner or via another avenue?

If through marriage (and your plan is to live in Peru first)  you don’t have a choice. Spousal visa will be the only option. 

 

Through marriage. After two years of legal residence in the country I should be eligible for citizenship here. Thanks for the feedback!

[Mike E 11,739]

5 hours ago, StrangeHmm said:

Truthfully she maintains me with her salary. We had gotten pregnant but unfortunately we had a miscarriage. Will the age gap be seen as an issue?

That she is supporting you financially, and (assuming you are male), she is older are two things I’ve observed being issues. However given you plan to live with her for several years should mitigate any suspicion that this is a marriage of convenience. 
 

Take photos of the two of you together and when you file I-130, include 4-6 photos per 8.5 x 11 inch sheet of paper / PDF and no more that 20 photos. For a 3 year marriage, 6 per year will be plenty, or 1 photo for every 2 months of marriage.

[StrangeHmm 1]

5 hours ago, Mike E said:

That she is supporting you financially, and (assuming you are male), she is older are two things I’ve observed being issues. However given you plan to live with her for several years should mitigate any suspicion that this is a marriage of convenience.

Thank you for the response Mike. Yes, I am male. We are thinking of getting married at the US embassy so that it would be recognized in both countries and on file (a Peruvian lawyer recommended that we do that). Otherwise we can get married at the local municipality in the city we live in here. Should I apply for the I-130 immediately after getting married or after living in Peru for the two to three years I mentioned? She supports me financially yes, but that is only until I graduate from my university.

[Crazy Cat 41,837]

19 minutes ago, StrangeHmm said:

We are thinking of getting married at the US embassy so that it would be recognized in both countries

USCIS will recognize the marriage if legal where it takes place.  No need to marry at the US embassy.

[Redro 4,611]

1 hour ago, StrangeHmm said:

Thank you for the response Mike. Yes, I am male. We are thinking of getting married at the US embassy so that it would be recognized in both countries and on file (a Peruvian lawyer recommended that we do that). Otherwise we can get married at the local municipality in the city we live in here. Should I apply for the I-130 immediately after getting married or after living in Peru for the two to three years I mentioned? She supports me financially yes, but that is only until I graduate from my university.

You should read up on the requirements to marry in Peru. (Go to US embassy Peru and it will give instructions). 
The marriage will be recognized in the US when you eventually move. 
You should submit the I130 about 18 months before you want to move to the US. If the petition moves too quickly for you, you can pause it at NVC stage. 

Edited August 29, 2023 by Redro

[JeanneAdil 6,494]

Marriage in Peru is performed according to the Peruvian law, and specific questions on the process should be addressed to a Peruvian attorney (PDF 94 Kb) or Peruvian authorities.  Consular officials cannot perform marriage ceremonies nor can you be married at the U.S. Embassy.

 

https://pe.usembassy.gov/marriage-information/

 

follow the embassy site guides to marry in Peru

[Mike E 11,739]

3 hours ago, StrangeHmm said:

Should I apply for the I-130 immediately after getting married or after living in Peru for the two to three years I mentioned?

I would apply immediately and slow it down at NVC until the 18 month anniversary or when you want to move, which ever is later. She should not enter the U.S. on her immigration visa until after 2 years of marriage. 

[Cathi 5,747]

Where did you get the idea that you can marry at a U.S Embassy? No one there performs marriages.

[StrangeHmm 1]

41 minutes ago, Cathi said:

Where did you get the idea that you can marry at a U.S Embassy? No one there performs marriages.

As I mentioned in my post, a lawyer told me that.

[Redro 4,611]

1 minute ago, StrangeHmm said:

As I mentioned in my post, a lawyer told me that.

Peruvian lawyers won’t be as familiar with US laws. 
I know that some countries allow their citizens and residents to marry abroad at a consulate but the U.S. does not provide that service. 
Going forward - if you want to talk to a lawyer- consult a Peruvian immigration lawyer for Peruvian immigration and consult a U.S. immigration lawyer for US immigration. 

[StrangeHmm 1]

9 minutes ago, Redro said:

Going forward - if you want to talk to a lawyer- consult a Peruvian immigration lawyer for Peruvian immigration and consult a U.S. immigration lawyer for US immigration. 

Of course, thank you for feedback. The discourse was regarding recognition in both countries of a legal wedding. As many users have informed me, the US will recognized my wedding here which is great.