Us marraige vs foreign marraige for the CR1... does it matter?

[Purple_Paladin 8]

For my fiance and I to be eligible for the CR1/IR1 ... are there any pitfalls to avoid marrying outside the US?

I think I'd prefer to marry here because my children are here. However I'm worried that my fiance won't be allowed here on a travel visa right away because we were, up until now, following the K1 path. We haven't completely discarded the K1 path... as we're very much in the middle of it... but due to our recent epiphany regarding the requirements of financial proof and income, we're definitely weighing all of our options now.

 

Our situation is, up until now we have been invested in the K1 process. My fiance has his interview next Thursday. I didn't 'do my homework' and properly understand the requirements for the I-865 and the AOS process because we went step-by-step and only looked at the current process to get him here and get married. For that (the 100%) I meet the requirement.

 

Now we are considering if this is the best option for us or not. Do we go forward with the K1 process and ask a family member to joint-sponsor? 

Or do we wait until I finish nursing school and make more money and then apply for either K1 OR

Do we get married now and then applly for the CR1?

 

Another factor and possibly one of the main factors for going forward in any form now (and before the finances are a moot point thanks to my projected nursing salary) is that his daughter will be 19 in April and likely 'age out' before then. Of course we want her to come as well. Of course the other factor is we are really tired of the back and forth and want to be under one roof asap!

 

If he's working, we'll be able to cover the difference of the 125%. As I understand it, with the CR1/IR1, he'd be able to come and work right away? And even we could apply for him and his daughter to come while waiting for the CR1 and he could work and she could work/go to school?

That's what I'm reading here: https://www.uscis.gov/family/bring-spouse-to-live-in-US and I just wanted to understand if I'm seeing that correctly.  I don't have to meet the 125% alone with this? He can work and his salary can be included? 

Or would I still need a joint-sponsor to qualify for the CR1 but could he at least come while we wait for approval and  the financial burden would be offset because he can come work immediately?

 

So the main question I have is... will he be able to COME to visit me if we stop the K1 process and marry me here? Or will immigration consider we are trying to cheat somehow? (Even if we've been together over 8 years now with a well documented relationship and getting married was always the plan.)

 

If it's the case... what else can we do? Will marriage in another country count against us in any way?

I did look into this and have this from AI:

Quote

What is required (for proof of marraige for CR1 Visa)

The original marriage certificate or a certified copy

Proof of legal termination of any previous marriages, such as a death certificate, divorce decree, or annulment

The full names of both spouses

The location of the marriage

What if I was married abroad? 

Consular officers can authenticate foreign marriage documents

Marriages that are legally performed and valid abroad are generally also valid in the United States

 

I'd prefer to marry here, if possible. 

Looking for any and all info/ help from the Visa Journey Gurus!

 

TIA!

 

 

 

[Crazy Cat 42,581]

Normally, I would say that the CR-1 is superior.  However, his K-1 interview is next week.  You are much too far in the process to gain anything by changing to a spousal visa now, imo.  He can be working in about 6 months after submitting his Adjustment of Status paperwork.  He will likely have a Green card about a year later.   If you marry now, it will be 18 to 24 months before they can immigrate.  The average time from submitting an I-130 to spousal visa interview is 740 days as reported by other Visa Journey Members. 

Get a well-qualified joint sponsor for both the I-134 and the I-864.  I would proceed with a K-1.

 

Had you asked these questions a year ago, my answer would have been totally different. 

 

On a side note:  Nursing is a great career with plenty of job opportunities and good pay.  When do you finish school?

Edited 6 hours ago by Crazy Cat

[Crazy Cat 42,581]

28 minutes ago, Purple_Paladin said:

And even we could apply for him and his daughter to come while waiting for the CR1 and he could work and she could work/go to school?

No.  That sounds like a K-3 which isn't issued anymore.

[Purple_Paladin 8]

13 minutes ago, Crazy Cat said:

On a side note:  Nursing is a great career with plenty of job opportunities and good pay.  When do you finish school?

2027 Thank you, it's my passion. I've been in health care for 9 years now so while some of the younger students have wide eyes about what it is, I have no illusions. Still... this is where i belong. My ultimate goal (partly because I'm an older student and also because I love the ability to inspire the upcoming RNs not just to do the job but to do it well) is to get my ASN RN and work while going for my RN to MSN so that I can also teach clinicals at university level in 5 years. 

3 minutes ago, Crazy Cat said:

No.  That sounds like a K-3 which isn't issued anymore

Is there a different option for working while waiting for CR1/IR1 approval or is that just done with and he'd be in France for the duration until approval? 

 

I'm confused because this was on the current USCIS website: 

Quote

Can My Spouse Come to the United States to Live While the Visa Petition Is Pending?

If you are a U.S. citizen, once you file Form I-130, your spouse is eligible to apply for a nonimmigrant K-3 visa. This will entitle him or her to come to the United States to live and work while the visa petition is pending. To petition for this benefit, file Form I-129F, Petition for Alien Fiancé(e). Note that you are not required to file Form I-129F. Your spouse may wait abroad for immigrant visa processing. However, seeking a K-3 visa can be an additional method for him or her to come to the United States. For more information, see the K-3/K-4 Nonimmigrant Visas page.

If you are a permanent resident and you have filed Form I-130 for your spouse and/or minor children on or before Dec. 21, 2000, your spouse and/or children may be eligible for the V visa classification if more than three years have passed since the I-130 was filed. For more information on V visas, see the V Nonimmigrant Visas page.

For more information, visit the Adjustment of Status and Consular Processing pages.

https://www.uscis.gov/family/bring-spouse-to-live-in-US and the above mentions the K3.

 

If it's not the case, we do what? Apply for the I-130 and I-765 together? And then he can work when he comes after he's approved on the I-130? Is that correct? 

 

How and when must I prove support ability? When he applies for AOS after entry? I read on USCIS something that said I'd be filing DS260 while he's still abroad. If that's the case, aren't I still in the same financial boat here? I'd still have to prove 125%  before he's actually here contributing to it, wouldn't I? 

 

In an unrelated note... I also saw this:  https://www.uscis.gov/family/family-of-us-citizens/k-3k-4-nonimmigrant-visas

Quote

Please note, however, that you must file a separate Form I-130 for your spouse’s children before they may apply for a Green Card. In order for you to create an eligible step-parent/step-child relationship, the child must have been under 18 years of age when you and your spouse married.

 

Is this true across the board? She'd be 19 when we marry and 19-20 at time of entry most likely. Does this mean she's simply ineligible to be included on his visa? Is it regardless if it's K1 or CR1?

 

This is all so confusing.

 

[Crazy Cat 42,581]

11 minutes ago, Purple_Paladin said:

She'd be 19 when we marry and 19-20 at time of entry most likely.

Another reason to go the K-1 route

12 minutes ago, Purple_Paladin said:

Is there a different option for working while waiting for CR1/IR1 approval or is that just done with and he'd be in France for the duration until approval? 

No.  He could visit, but not live or work in the US until the visa is approved.

[Crazy Cat 42,581]

27 minutes ago, Purple_Paladin said:

Does this mean she's simply ineligible to be included on his visa? Is it regardless if it's K1 or CR1?

She could be included as a K-2..... If you marry now, she would be a separate I-130 case as an IR-2 (if she didn't age out).

At this stage of your K-1, I would not change and restart everything with a CR-1.

Edited 5 hours ago by Crazy Cat

[Crazy Cat 42,581]

16 minutes ago, Purple_Paladin said:

How and when must I prove support ability? When he applies for AOS after entry? I read on USCIS something that said I'd be filing DS260 while he's still abroad. If that's the case, aren't I still in the same financial boat here? I'd still have to prove 125%  before he's actually here contributing to it, wouldn't I? 

You are mixing up visas.  As a K-1 entrant, he will complete a DS-160 after the I-129f (fiance visa) is approved.  He would then file an I-485 package after you marry.  At that time, he would also apply for a work authorization document (I-765).

 

The DS-260 would be applicable only if you started completely over with a CR-1.  For a CR-1, you and a qualified joint sponsor would submit I-864s at the NVC stage. 

 

 

[Crazy Cat 42,581]

33 minutes ago, Purple_Paladin said:

is to get my ASN RN and work while going for my RN to MSN

Nice plan.  I retired from the Military and immediately started my ADN RN program.  My goal was to start work as an RN as soon as possible.  I was also a non-traditional student .  My plan worked well for me.  

Edited 5 hours ago by Crazy Cat

[Crazy Cat 42,581]

31 minutes ago, Purple_Paladin said:

I'm confused because this was on the current USCIS website:

K-3 visas are still on the books, but in reality, they are very, very rarely ever issued.  Instead, the cases proceed as CR-1 cases.

[Ontarkie 14,557]

Stick to the K1, your fiancé's daughter is already 19. If you switch the the spousal visa she will not get a visa through you. He would have to petition her after he comes to the US. It would be years for her to get to the US. 

 

The 125% poverty line applies when you get to the adjustment stage. Either get a sponsor or a another job/second job. When he goes next week for his interview you only need 100% for income.  As long as the CO doesn't want more. 

[Purple_Paladin 8]

15 minutes ago, Crazy Cat said:

You are mixing up visas.  As a K-1 entrant, he will complete a DS-160 after the I-129f (fiance visa) is approved.  He would then file an I-485 package after you marry.  At that time, he would also apply for a work authorization document (I-765).

 

The DS-260 would be applicable only if you started completely over with a CR-1.  For a CR-1, you and a qualified joint sponsor would submit I-864s at the NVC stage. 

No I understood that part. My understanding is that both options come with a need for an affidavit of support. Just different forms to the same end.

 

I just don't know/understand when that goes into play for the CR1. My issue is always my own financial stability to cover my household plus his between now and the time I graduate. It's not an issue once I'm a nurse. It is now. 
I can ask for a family member to joint-ponsor but, it is a big ask and they could simply say no. 

 

So my question is: With the CR1... am I still having to prove 125% of financial support *before* he's actually here and working? 
I'm unsure about the whens... even after looking at USCIS.. it's still confusing and my head is swimming and we have to determine this now. (Because I'm the dummy who was busy studying microbiology instead of studying this process thoroughly enough.) 

I'm trying to see if the CR1 is going to get him here sooner than my projected 2027 graduation date because he'll be able to work or if we're still going to be eeking by until then. I have 3 minor children, so we're a large household.
Or would that not even be an issue because they'll ask for DS-260 (for the CR1) while he's still in France (and so I'm still in the same vicious loophole.)

 

He's required to give his job 3 months notice before leaving. I don't want him doing that if we decide our only option is to wait until I graduate and hope his daughter can come very soon after him or that we'll make it in time... especially since the current administration will likely take steps that effectively increase the length of time for everything. 

 

Again, TIA!
You're lovely and I truly appreciate the advice.

 

[Crazy Cat 42,581]

13 minutes ago, Purple_Paladin said:

With the CR1... am I still having to prove 125% of financial support *before* he's actually here and working? 

Yes.  The I-864 is submitted prior to the case moving from NVC to the consulate. 

Edited 4 hours ago by Crazy Cat

[Purple_Paladin 8]

3 minutes ago, Ontarkie said:

The 125% poverty line applies when you get to the adjustment stage. Either get a sponsor or a another job/second job. When he goes next week for his interview you only need 100% for income.  As long as the CO doesn't want more. 

Yes, ideally this. However, there is no possible way to take a second job with my school schedule. I'm a poor college student, single mom. I work full time and go to school for an incredibly difficult major. Students primarily fail out at the place I'm going to be in my studies this upcoming Fall. All. The. Time. My college is incredibly competitive. I've fought to keep a 4.0 throughout my prereqs. If I stop school for that then I loose my place in the program and have to start over... which affects my ultimate ability to have financial stability once child support for my 3 minor children runs out. I know... it's a mess.

I'm trying to find the right path despite the contingencies. 

I appreciate the advice though! I may just be begging a family member to co-sponsor very soon. 

[Crazy Cat 42,581]

1 minute ago, Purple_Paladin said:

I may just be begging a family member to co-sponsor very soon. 

A Joint sponsor can be any US citizen or Legal Resident who resides in the US. 

[Crazy Cat 42,581]

9 minutes ago, Purple_Paladin said:

I'm trying to find the right path despite the contingencies. 

The fastest route, at this stage, for him to start work inside the US, is to continue with the K-1.  I would find a willing Joint Sponsor. 

Edited 4 hours ago by Crazy Cat