Long Distance Marriage, need to know the steps

[percmutt 0]

Hello everyone, I'm a Brazilian who's dating an US citizen and I just got back to Brazil from a 3-week long trip together. The distance is killing the both of us and we're considering having me fly back there in june/july this year so we can get married and apply for a CR-1 right after. I'm thinking about lawyering up but the immigration process is really confusing, especially between the CR-1 and the K-1.

 

Since we're about to get married I believe we'd have to apply for the CR-1, correct? From my understanding, once my CR-1 is approved, I get a temporary green card that lets me live and work in the US for 2 years which can then be turned into a 10-year green card, yeah?

 

I'm also going to Canada for college in september this year so I believe that should clear any suspicion with it being a fraud marriage? I'm not sure. I'd really appreciate some advice.

Edited 10 hours ago by percmutt

[Crazy Cat 42,125]

Every couple has their own priorities, and each couple must decide which visa is better for their situation.

K-1 
  More expensive than CR-1
  Requires Adjustment of Status after marriage (expensive and requires a lot of paperwork)
  Spouse can not leave the US until she/he receives approved Advance Parole (approx 3-6 months) 
  Spouse can not work until she/he receives EAD (approx 3-6 months) 
  Some people have had problems with driver licenses, Social Security cards, leases, bank account during this period 
  Spouse will not receive Green Card for many months after Adjustment of Status is filed.
  A K-1 might be a better choice when 18-21 year old children are immigrating also
  In some situations, marriage can affect certain Home country benefits, making a K-1 a better choice 
  A denied K-1 is sent back to USCIS to expire
  K-1 entrant cannot file for citizenship until after having Green Card for 3 years.
  Once an I-129F has been approved, delaying the case is difficult to impossible if the need arises.

CR-1/IR-1
  Less expensive than K-1 
  No Adjustment of Status(I-485, I-131, I-765) required. 
  Spouse can immediately travel outside the US 
  Spouse is authorized to work immediately upon arrival. 
  Spouse receives Social Security Card and Green Card within 2 or 3 weeks after entering the US 
  Opening a bank account, getting a driver's license, etc. are very easily accomplished with GC, SS card, and passport.
  Spouse has legal permanent Resident status IMMEDIATELY upon entry to US.
  The clock for citizenship filing starts immediately upon entry to the US.
  A CR-1/IR-1 case can be delayed indefinitely at NVC if the need arises. 
   

 

14 minutes ago, percmutt said:

Since we're about to get married I believe we'd have to apply for the CR-1, correct?

 

[percmutt 0]

CR-1 is definitely the way to go. What is the interview for it like?

[Crazy Cat 42,125]

15 minutes ago, percmutt said:

Since we're about to get married I believe we'd have to apply for the CR-1, correct?

Things to remember:

 

1.  A K-1 is for unmarried couples.

2.  A CR-1/IR-1 would be for married couples.

3.  A person can come to the US as a visitor and marry.  However, a person cannot come to the US as a visitor to marry and stay (Adjust Status) (except a K-1).

Good Luck.

[percmutt 0]

5 minutes ago, Crazy Cat said:

CR-1/IR-1
  Less expensive than K-1 
  No Adjustment of Status(I-485, I-131, I-765) required. 
  Spouse can immediately travel outside the US 
  Spouse is authorized to work immediately upon arrival. 
  Spouse receives Social Security Card and Green Card within 2 or 3 weeks after entering the US 
  Opening a bank account, getting a driver's license, etc. are very easily accomplished with GC, SS card, and passport.
  Spouse has legal permanent Resident status IMMEDIATELY upon entry to US.
  The clock for citizenship filing starts immediately upon entry to the US.
  A CR-1/IR-1 case can be delayed indefinitely at NVC if the need arises. 
   

 

 

 

CR-1 is definitely the way to go then. What is the interview like? Will they find it strange if we start applying RIGHT after marriage?

Edited 9 hours ago by percmutt

[Crazy Cat 42,125]

2 minutes ago, percmutt said:

 

CR-1 is definitely the way to go then. What is the interview like? Will they find it strange if we start applying RIGHT after marriage?

Not in itself.  You will have 1 to 2 years to visit more and gather evidence of a bonafide marriage before the visa is issued.

Edited 9 hours ago by Crazy Cat

[Crazy Cat 42,125]

 

[percmutt 0]

4 minutes ago, Crazy Cat said:

Not in itself.  You will have 1 to 2 years to visit more and gather evidence of a bonafide marriage before the visa is issued.

I see. We started dating long distance in October last year and finally met in person in late december to january. If we get married all we have to do to prove it's a normal and committed marriage is visit each other then? Because they plan on coming to Brazil soon as well and since I'll be going to Canada we can visit each other a lot more often. So does that mean we should only apply after visiting a certain amount of time or does that not matter?

Edited 9 hours ago by percmutt

[Crazy Cat 42,125]

7 minutes ago, percmutt said:

So does that mean we should only apply after visiting a certain amount of time or does that not matter?

The more personal time together, the better.  However, there is nothing wrong in starting the process soon after marriage.  Study the guide and become an "A" student on the process and the forms.  You'll avoid potential problems along the way.  

 

"The US Immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money"- quote from GB (Carzy Cat), VJ Moderator

Edited 9 hours ago by Crazy Cat

[Crazy Cat 42,125]

May I recommend that the US citizen join us here for this and future conversations.