can I really do this on my own....and a couple of questions I am worried about

[MichaelChanthou 0]

overall, I think I have what would be a pretty simple case.
1. I met a Cambodian woman online July '23 (she has 2 children 9 and 12)
2. I moved to Cambodia in November of '23
3. They "unofficially" lived at my condo rental until March '24 when we had a traditional "engagement" ceremony

4.  I then moved into her home.

5.  We share a joint bank account that we pay most of the bills out of

6.  I am currently still living here in Cambodia (for now) with them

So 13 months "together" and 9 months living together in Cambodia, plus shared bank account here and a traditional Cambodian engagement party for her family etc.

Right now I am a disabled US Veteran who has been living off of my disability alone the last few years.
I do not have a real job, but I have been getting re-training through the VA for work in the IT field that I will be capable of with my disability.

I do not have a home in the US currently, just a mailing address (although I have 3 adult children and a brother there.)

In order to make the process easiest, the plan is for me to go back to the US
get a W-2 job with more than enough income to be the sponsor and have an address there etc.
File for everything from the US once I have a job and an address.
I know that I need to go to the US and get these things to make the process as simple as possible, so now we are focused on how to have as few roadblocks as possible to getting them to the US. 

QUESTIONS:
1.  I feel like if I have an address and a job....this case is pretty simple.  Can I really do it on my own?

2.  For the address, if I go back to the US, and stay with my brother in Nebraska while all of this is working out, can that be the address we use on all paperwork and count for where we will live etc?  The problem I see is....my brother has a small home in rural Nebraska, it is NOT where we would live. My children all live in the Tulsa Oklahoma area which is where we will live when my family arrives and where we will physically get married. The reason to stay with my brother would just be to save as much money as possible between now and when they come.  HOWEVER....it would be too cramped for all of us for more than a day.  Is this ok?  OR.....do I need to have the house or apartment that we will ACTUALLY live in together on the application etc? 

3.  Will filing from Nebraska give us any help in getting it processed in Nebraska (I see the center there is faster than some of the others)?  If I start in Nebraska and relocate during the process can I still maintain the Nebraska address as the mailing/domicile or whatever?  I am just worried about changing addresses on any paperwork slowing anything down mostly. 

4.  My job. I have filed tax returns....but I did not really have income the last 3 years because VA disability is not taxable. If I get a job making $40k+ (looks like 39k for family of 4 is needed) is it an issue in any way that it is a new job from around the time we file? Do I for some reason need to have the job for any certain amount of time?  or is it enough that I have the job and STILL have the job when they come etc?  I plan to submit my VA documents as well.....but that is only about $20k/year at this time.

 

[Dashinka 24,480]

Seems doable based on what you described.  You can work out the place of domicile as you move forward.  I am curious, why not get married and pursue a spousal visa with essentially the same plan?  You are together now, and you can do the Utah Zoom wedding to satisfy immigration.  The spousal visa is so much superior to the K1.

 

Good Luck!

[milimelo 4,475]

What @Dashinka said - with the info you provided, spousal visa is a much better choice (cheaper too). 

[SalishSea 17,801]

I can’t see you being approved for a K-1, having done that traditional engagement ceremony.  It will look too much like a wedding.

  
Just get married and petition her for a spousal visa.

[MichaelChanthou 0]

The main reason NOT the spouse visa is that I have 3 adult children in the US that have never met her. Out of a sense of respect and i guess for lack of a better word "unity" I want to bring them all to the US and let my children meet here, meet the girls, spend time together, get to know each other and be part of the bringing the two different families together. 

The engagement party is pretty much a wedding in Cambodia. That was an event for her family to attend and be part of etc. so the wedding is for my side of the family. 

 

[h02ejmajja 57]

1 hour ago, MichaelChanthou said:

The main reason NOT the spouse visa is that I have 3 adult children in the US that have never met her. Out of a sense of respect and i guess for lack of a better word "unity" I want to bring them all to the US and let my children meet here, meet the girls, spend time together, get to know each other and be part of the bringing the two different families together. 

The engagement party is pretty much a wedding in Cambodia. That was an event for her family to attend and be part of etc. so the wedding is for my side of the family. 

 

 

While I completely understand the wanting to respect your adult children to meet her, meet the girls, etc - they are also adults, and if this is imperative to them, they could go to Cambodia to meet them, see the culture which would help them understand them more, etc. 

 

In addition if the wedding party is "pretty much a wedding" its possible that they could eventually think that you are married then you would waste all that time for nothing and have to start over. 

 

The Adjustment of Status process would be around $2200 for your (future) wife and roughly $1600 for each of the two children that you would have to do AFTER coming here on the K1 and AFTER getting married but BEFORE they receive their green cards. That's a huge expense that could be fixed by having your kids go to meet her there if it's that important to them. 

 

I don't disparage your reasons for wanting a K1, but many people around the world do get married without their families meeting their significant others because that's really the only choice they have (my husband had an unapproved/expired K1 prior to our successful spouse visa so we didn't have a choice). Your family should be able to understand your decision - in addition, if you did a spouse visa then YOU had an urgent situation you needed to return to the US for, your chances of being able to expedite for a spouse/step-children or just directly filing through the consulate is far greater. 

 

I have adult children too so I get that you would like them to meet her - but at the end, they are adults, they don't live with you, and this is ultimately your life decisions. The spouse visa is such a superior visa for so many reasons - just meeting your family and having a US wedding (which you could still do at a later time) seems like a weaker reason for wanting to do the K1 (in my opinion)

[Boiler 45,445]

1 hour ago, MichaelChanthou said:

The engagement party is pretty much a wedding in Cambodia. . 

 

Exactly

[MichaelChanthou 0]

24 minutes ago, h02ejmajja said:

 

While I completely understand the wanting to respect your adult children to meet her, meet the girls, etc - they are also adults, and if this is imperative to them, they could go to Cambodia to meet them, see the culture which would help them understand them more, etc. 

 

In addition if the wedding party is "pretty much a wedding" its possible that they could eventually think that you are married then you would waste all that time for nothing and have to start over. 

 

The Adjustment of Status process would be around $2200 for your (future) wife and roughly $1600 for each of the two children that you would have to do AFTER coming here on the K1 and AFTER getting married but BEFORE they receive their green cards. That's a huge expense that could be fixed by having your kids go to meet her there if it's that important to them. 

 

I don't disparage your reasons for wanting a K1, but many people around the world do get married without their families meeting their significant others because that's really the only choice they have (my husband had an unapproved/expired K1 prior to our successful spouse visa so we didn't have a choice). Your family should be able to understand your decision - in addition, if you did a spouse visa then YOU had an urgent situation you needed to return to the US for, your chances of being able to expedite for a spouse/step-children or just directly filing through the consulate is far greater. 

 

I have adult children too so I get that you would like them to meet her - but at the end, they are adults, they don't live with you, and this is ultimately your life decisions. The spouse visa is such a superior visa for so many reasons - just meeting your family and having a US wedding (which you could still do at a later time) seems like a weaker reason for wanting to do the K1 (in my opinion)

I need to clarify this.
Are you saying that AFTER I do the K1....we are in the US...married etc.  
In order to do the adjustment of status....even if I do that paperwork ourselves.....
for wife and 2 kids that will cost like $4-5k ADDITIONAL?

I knew there was additional fees....but....ummmm......WOW.

[TBoneTX 45,259]

11 minutes ago, MichaelChanthou said:

that will cost like $4-5k ADDITIONAL

Yes.  As others have recommended, marry and file the I-130 papers.

[MichaelChanthou 0]

I appreciate everyones input, and understand what you are saying. I see the benefits to the CR1 over the K1....
However....
we will do the K1 visa. 
Our greatest priorities are 
1....shortest time to get them to the US
2....Being able to have the wedding in the US with my kids.

That may not make sense for other people and for other situations.... but that is OUR priorities and the K1 fits that best.  

So that still leaves me wondering if I can get answers to my other questions.

1.  For address, is it OK to stay with my brother use that address even if we never plan to really LIVE at that location?
2.  For job.  Is it ok that my prior income was just my VA disability and I will have a new job.....so long as the new job is stable and a regular paycheck and I still have it at the time of interview and move to the US etc?

 

 

[Boiler 45,445]

So you file the K1 and they say ahh we see you 'married' in Cambodia so then have to go the marriage route, how long will that take?

 

It seems you have a few Joint Sponsor opportunities but the conservative route would be if your last 3 tax filings and your current income meet the requirements.

[Sarah&Facundo 595]

2 hours ago, MichaelChanthou said:

The engagement party is pretty much a wedding in Cambodia. That was an event for her family to attend and be part of etc. so the wedding is for my side of the family. 

 

This is exactly why you should NOT do the K1. You are very likely to be denied. So you'll find yourself waiting 1-2 years, only to have to wait an ADDITIONAL 1-2 years ago in the case of a denial where you'd have to file a marriage visa anyway. I wouldn't risk that. Just do it the right way the first time.

 

The K1 and CR1 processing time are about the same, so one is not much faster.

The CR1 is significantly cheaper.

 

Keep in mind, you can get married in "paperwork only" and then have your traditional wedding in the US to celebrate after and include your kids. You wouldn't even need to tell them about it.

 

Realistically, if you are bringing her to the US, you are planning to be together. Your kids aren't going to have a say in the matter anyway.

Edited August 11 by Sarah&Facundo

[Boiler 45,445]

I would use the address you use in the US, sounds like it is your Brothers.

[TBoneTX 45,259]

What Sarah said.  Mrs. T-B. (who came on a K-1) & I married via Justice of the Peace on Hallowe'en, then had our wedding bash on Pearl Harbor Day.  You have the opportunity to fulfill the legal marriage now or soon, and then plan the bash of your dreams at your leisure in the U.S.

[Sarah&Facundo 595]

It's not really about "choosing" which one is best for your situation, as you mentioned before. You either qualify for the K1 or the CR1. From what you've written, you do not qualify for the K1.