Which process is easiest

[mikeyp123 15]

A friend is in a long term relationship with a lady in the Dominican Republic. She has children from a previous marriage. She has been divorced for three years. Which process would be easiest overall, not so much from a sense of time alone, but from scrutiny from the relationship? They have plenty of conversations, visits to the US etc etc. should they get married there and do a K visa? Or is adjustment of status from marriage here better. She has a tourist visa and has visited and returned several times. Thanks. 

[Boiler 45,445]

Marry and I 130 for her and each of her children.

[Mike E 11,739]

CR-1.

 

Get married in U.S.  

 

To avoid I-741, do not enter U.S. on the immigration visa until after 2 years of marriage. Marry online now to start the 2 year clock. Then meet in person and file I-130.

[TBoneTX 45,259]

Thread is moved to the "What Visa" forum.

[Ontarkie 14,217]

How old are the kids? 

[SalishSea 17,801]

2 hours ago, mikeyp123 said:

A friend is in a long term relationship with a lady in the Dominican Republic. She has children from a previous marriage. She has been divorced for three years. Which process would be easiest overall, not so much from a sense of time alone, but from scrutiny from the relationship? They have plenty of conversations, visits to the US etc etc. should they get married there and do a K visa? Or is adjustment of status from marriage here better. She has a tourist visa and has visited and returned several times. Thanks. 

She cannot enter on a tourist visa and adjust status.  That is fraud.  She needs to be petitioned for a CR-1 or K-1 visa.  Generally, the CR-1 is best, but if her children are young and she wants to bring them, the K-1 might make sense.  Maybe the Cat will come along and add his helpful comparison.   @Crazy Cat

[Daphne . 1,852]

If she is not in the US, the options are K1 (fiancée) or CR1 (spousal) visa. Her using her tourist visa to enter with the intent to adjust statys is a no-no. 

[Cathi 5,746]

Marry and do a CR1. No matter the visa chosen, there is nothing easy, cheap or fast about U.S. immigration. Nothing. As long as they are prepared for that in advance, there will be no disappointments.

[mikeyp123 15]

On 9/16/2023 at 9:20 PM, TBoneTX said:

Thread is moved to the "What Visa" forum.

 

On 9/16/2023 at 10:26 PM, Ontarkie said:

How old are the kids? 

Both below 18. Does the mother have sole custody of the children to take them with her?

[Boiler 45,445]

37 minutes ago, mikeyp123 said:

 

Both below 18. Does the mother have sole custody of the children to take them with her?

Does she?

[Ontarkie 14,217]

1 hour ago, mikeyp123 said:

 

Both below 18. Does the mother have sole custody of the children to take them with her?

How much below 18? If 16 or 17 go for the K1. She would need to have sole custody or the father's consent. 

[mikeyp123 15]

50 minutes ago, Boiler said:

Does she?

 

2 minutes ago, Ontarkie said:

How much below 18? If 16 or 17 go for the K1. She would need to have sole custody or the father's consent. 

Younger 9 and 10

[Ontarkie 14,217]

Just now, mikeyp123 said:

 

Younger 9 and 10

Perfect then no chance of them aging out. CR1 would be about the same processing time but ends with a green card much faster then the K1. A little less costly too. 

[SalishSea 17,801]

1 hour ago, mikeyp123 said:

 

Both below 18. Does the mother have sole custody of the children to take them with her?

Only you can answer this.

 

She will need sole custody or court paperwork/written permission from the other parent to have the kids immigrate.

[Mike E 11,739]

41 minutes ago, Ontarkie said:

If 16 or 17 go for the K1

 

39 minutes ago, mikeyp123 said:

Younger 9 and 10

 

36 minutes ago, Ontarkie said:

Perfect then no chance of them aging out.

My understanding is there no chance of age out at say age 17, 11 months and 2 weeks because there there is enough time to book a flight, apply for a marriage license, and marry before the older child reaches age 18.  If so, this creates a qualifying step parent / stepchild relationship.
 

The unmarried stepchild then qualifies as as immediate relative of a U.S. citizen and is eligible for an IR-2 or CR-2 visa provided an I-130 is filed for before child reaches age 21. The age for an IR-2 or CR-2 is locked in.

 

K-1 is appropriate when the children are age 18-20.

 

So when we talk about CR-1 for the foreign spouse, we are also talking about the step parent filing I-130 to get step child a CR-2 visa.

 

CR-1 and CR-2 holder should enter the U.S. 2 or more years after marriage to avoid I-751.