US Immigration from France

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

Expand  

I'd prefer to marry here, if possible.

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

TIA!

My fiance and I are currently in the middle of the K1 process and he has an interview at the embassy next week.

However I didn't fully understand the I-864 requirements. I had thought he'd be permitted to work as soon as we were married and that his salary would be counted as income for support.

I now understand this is not the case. I make enough for the I-134 requirements but I'm just shy of 5k per year for the 125% requirements of the I-864.

If he's able to work, we'll be fine.

OR If I'm able to use my home equity as collateral for the difference, we'll be fine. (It was suggested on the K1 forum that the home the immigrant lives in can't be used for this, but there's nothing to that effect on the instructions and I'd technically be using the home's equity.)

Barring that... I need to start looking into the CR1 I guess.

My question is this: if he comes on the K1 visa and we don't get approved for the AOS but we're already married... then what? does he go back to France while we file for the CR1?

He'd have to quit his job to come... so that might not be the best option.

Or if we decide to scrap the K1 process to avoid that possible mess... how do we swtich to CR1?

Where would we get married? I mean, you have to have a marraige license to marry here... I'm not sure that PA approves those for non-US citizens.

Should I go there (to France) to marry him? Would USCIS accept that for the CR1 application?

If we do decide to pursue the CR1 instead... what do we do with his embassy appointment next week? If he goes and we're approved but are concerned with what happens once he's here... does he just contact the embassy and say 'on second thought...'?

How do we switch over?

I feel gutted with the idea that we've gone this far and could have to begin at 1... and it doesn't seem any less complicated.

TIA for any help/info...

My fiancee has an appointment for Wednesday 2/26 at the French embassy.

For this appointment, is he obligated to bring an original certified copy of MY divorce? (i.e.- not a scan of an original certified copy) What about his? Does this appointment take scans?

I read something on here recently that made me worry over this.

What about the I-797C, Notice of Action Form and the I-797? They were sent to me and I scanned them and sent to him the scans. Does he need the originals?

We're under the wire here and now I'm very worried.

We've been laboring under the impression that scans were acceptable. Now I'm unsure. Should I have mailed the originals to him?

I might be able to overnight stuff to him and get it there by Monday (his flight to Paris is early Tuesday.)

Does anyone know exactly which originals, if any, are needed for this appointment?

Oh, and what about my letter of intent to marry... I was going to print it, sign it and scan it back to him. Does that need to be an original as well (as in the scan isn't acceptable?)

Sorry for alll the questions, I'm freaking out a bit now.

TIA for any help!

The subject has it all.

I can't figure out if I'm supposed to file the I-134 Declaration of Financial Support for my Fiance and his daughters K1 and K2 applications or the I-864.

Do I submit my W2 from last year as proof? Part of my income is child support from my ex (until my kids are no longer my dependents.) Do I just show the court agreement showing that?

Thank you in advance for any help. There's SO much to all this!

Is there a way for my Fiance to shedule the K2 interview for his daughter on the same day as his K1 interview?

Are these scheduled separately or should he just bring his daughter with him to the K1 interview along with the DS160 completed?

I know now that the K1 is a non-immigrant visa. Is the K2 considered an immigrant visa?

He's trying to schedule these now and running into some difficulty. He's 6 hours from Paris so he'd like to get it all done in the same day if possible.

TIA for any help here!