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Argentina-LA; K-1, CR-1 or get married in the US

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Filed: Other Country: Argentina
Timeline

Hello, I’m new here and I thank you in advance for any help you may provide. I’ve found a lot of good information here. I recognize some of my questions might be answered by searching the site. I have read a lot here but maybe I am not properly processing it as I’m very stressed (I assume we all are here!)

I am a US citizen and currently live in Buenos Aires, Argentina. I have lived here for 8 years, however I don’t possess proper residency here in Argentina. My girlfriend and I have been together for over 2 and a half years. I start graduate school in Los Angeles in the middle of September. After I was accepted, we thought she could easily transfer through her job at a large international corporation and they would handle all of the immigration hassles. Those avenues appear to have dried up. We are now investigating getting married.

The way I understand, we have 3 options: apply for a K1 Fiance visa, get married here (there is a waiting time of about 2 weeks) and apply for a CR-1 spousal visa, or get married in the US while my girlfriend is on a tourist visa (she has already been to the US with me before and has all the necessary visas/EU passport to enter) and start the immigration process from there.

I’ve read the comparison chart. We have several issues we would like to wade through.

1. Time: I have to leave for Los Angeles in less than two months. How can we begin these processes so we are apart as little as possible?

2. Do I have to be in the US with her waiting in Argentina to file either the I-129 (k-1) or I-130 (Cr-1) forms and begin either process?

3. It is important that she isn’t without work for very long as I will be a full-time student and not making much money. If she enters on a K-1 visa and we get married immediately, how long does it take for the EAD to become valid so she can work? How much of a gap is there between getting the EAD and obtaining Legal Permanent Residence status for purposes of work?

4. Where can I obtain information about getting married in the US while she is on a tourist visa? Would she have to leave the US and/or return to Argentine in order to immigrate? How long would she be unable to work under this circumstance?

I have another issue too. I realize I’m a screw up for this but I haven’t filed taxes in about 4 years. I know it is awful. I was planning on sorting this all out when I moved but I didn’t anticipate that we were going to get married. I haven’t made much money in this period and have mostly been living off my savings. How much can this hurt us?

I have no way of showing past results, but working in the summer when school is out and part time work while in school should be more than enough to get over the $18k-$20k poverty standard that I've read here.

Are there any other obstacles that I may be missing?

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1) You can begin the I-129F by filing it now, or begin the CR-1 by marrying and then filing the I-130 immediately.

2) No.

3) It will take approximately 90 days to obtain the EAD after you have filed for her adjustment of status. From filing AoS it will take ~6 - 12 months to obtain her green card, depending on whether she is called to an interview or not.

4) Entering the US on a nonimmigrant visa with the preconceived intent to remain and immigrate would be visa fraud, so Don't Do That (your third option). Applying for a K-1 or marrying and applying for a CR-1 are your choices.

You would need to file your back taxes before your fiancée / wife would be able to obtain a visa.

Edited by Hypnos

Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

Day 341 (12/10/18) Interview was scheduled for 1/14/19

Day 376 (1/14/19) Interview

Day 385 (1/23/19) Denied

Day 400 (2/7/19) Denial revoked; N-400 approved; oath ceremony set for 2/14/19

Day 407 (2/14/19) Oath ceremony in Dallas, TX

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Filed: Other Country: Argentina
Timeline

First of all, Thank you very much!

whoa.... visa fraud!!!! Sounds serious! I didn't know that!

As I said, I've been living off my savings for a while. I haven't made much at all and for some years it is under $18k. How does this affect us?

Do I need to have my taxes in order before we file a I-129 or I-130? Can we file those documents and then I start the process of wading through my taxes? What part during the process do I need to submit tax information?

Thank you again.

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Filed: Citizen (apr) Country: Brazil
Timeline

First of all, Thank you very much!

whoa.... visa fraud!!!! Sounds serious! I didn't know that!

As I said, I've been living off my savings for a while. I haven't made much at all and for some years it is under $18k. How does this affect us?

Do I need to have my taxes in order before we file a I-129 or I-130? Can we file those documents and then I start the process of wading through my taxes? What part during the process do I need to submit tax information?

Thank you again.

Have you been filing taxes while living abroad?

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You can file the I-129F or I-130 now, but you will need to file your back taxes before you could file an affidavit of support (I-134 or I-864) for your wife, without which she wouldn't be able to obtain a visa. Those won't be in play for at least six months though, so you have time to file back taxes now.

As a US citizen, you are obligated by law to file federal income taxes wherever you live and work in the world.

Edited by Hypnos

Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

Day 341 (12/10/18) Interview was scheduled for 1/14/19

Day 376 (1/14/19) Interview

Day 385 (1/23/19) Denied

Day 400 (2/7/19) Denial revoked; N-400 approved; oath ceremony set for 2/14/19

Day 407 (2/14/19) Oath ceremony in Dallas, TX

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Filed: Other Country: Argentina
Timeline

I know I am obligated to file taxes while abroad. When I was making money for the first few years, I filed. Lately after just living off savings, I haven't. I believe I am 4 years behind. I know this is incredibly stupid. I just didn't. I'm a derelict. My girlfriend has helped put an end to that behavior and I am now starting graduate school. If you have any pointers for handling the back taxes situation other than to just get them done, I'd love to her them! Hope I don't end up in jail or blow our opportunity to move to the US.

If she enters on a K-1 visa, when applying for an EAD and an AOS simultaneously, a copy of the marriage license will do, correct? I am asking this because I called the LA county clerk's office today and they mentioned something about the marriage certificate needing 2 months before it is "properly registered" at their office in Norfolk. I am concerned that we will have to wait an additional 2 months before using the certificate for her immigration papers. I may have misunderstood all of this. Does you or anyone else have any insight to this?

BTW, thank you again!

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Filed: Other Country: Argentina
Timeline

I know I am obligated to file taxes while abroad. When I was making money for the first few years, I filed. Lately after just living off savings, I haven't. I believe I am 4 years behind. I know this is incredibly stupid. I just didn't. I'm a derelict. My girlfriend has helped put an end to that behavior and I am now starting graduate school. If you have any pointers for handling the back taxes situation other than to just get them done, I'd love to her them! Hope I don't end up in jail or blow our opportunity to move to the US.

If she enters on a K-1 visa, when applying for an EAD and an AOS simultaneously, a copy of the marriage license will do, correct? I am asking this because I called the LA county clerk's office today and they mentioned something about the marriage certificate needing 2 months before it is "properly registered" at their office in Norfolk. I am concerned that we will have to wait an additional 2 months before using the certificate for her immigration papers. I may have misunderstood all of this. Does you or anyone else have any insight to this?

BTW, thank you again!

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You realize that if you don't have any income you likely do not need to file taxes?

No you need the marriage certificate. Can you get married in another county that doesn't take 2 months?

You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

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Filed: Other Country: Argentina
Timeline

You realize that if you don't have any income you likely do not need to file taxes?

No you need the marriage certificate. Can you get married in another county that doesn't take 2 months?

Thank you

I thought you needed to file anyway.

I'm sure we could get married in another county. I think we would have the certificate/license on the day of the wedding and could make a copy if we get married in LA. It just wouldn't be "on the books" there apparently for 2 months. I don't know if that is important.

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If you have no income then no. The income requirements to file are the same wherever you live.

You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

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Filed: AOS (pnd) Country: Australia
Timeline

Thank you

I thought you needed to file anyway.

I'm sure we could get married in another county. I think we would have the certificate/license on the day of the wedding and could make a copy if we get married in LA. It just wouldn't be "on the books" there apparently for 2 months. I don't know if that is important.

Depends what they mean. If they mean it takes that long for a certified copy, then yes, it might be an issue.

Any which way, you guys are looking at being apart for a while. (I'd guess 5+ months at a minimum, but who knows with the issues USCIS is having at the moment.) And given your financial situation and that you cannot prove you can support her right now, you're probably going to need a co-sponsor. (You have no current job in the US, no proof of income for now, and no proof of income for the last few years. I don't really see how you can get around the needing a co-sponsor thing.)

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Filed: Other Country: Argentina
Timeline

Depends what they mean. If they mean it takes that long for a certified copy, then yes, it might be an issue.

Any which way, you guys are looking at being apart for a while. (I'd guess 5+ months at a minimum, but who knows with the issues USCIS is having at the moment.) And given your financial situation and that you cannot prove you can support her right now, you're probably going to need a co-sponsor. (You have no current job in the US, no proof of income for now, and no proof of income for the last few years. I don't really see how you can get around the needing a co-sponsor thing.)

Thank you for pointing this out. What is required of a co-sponsor?

What kind of burdens will a co-sponsor have?

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Another thing to consider as you're going to be a student with little to no income is that if you file for a K-1 and then AOS after you get married, meaning you wife won't be able to work for that initial period, either, that costs quite a bit more (I believe) than the CR-1. For the K-1 you have to pay all of the filing fees, and then when you AOS you have more fees to pay at that time, too.

As much as it sucks, my husband and I chose to go the CR-1 route because while it does mean we are apart now, he can continue to work in England while we're waiting for the process since he's not the type that would have been able to handle sitting around for 3-5 months doing nothing, waiting on an EAD if we had gone the K-1 route.

Mar 2014 - Married

5/7/14?? - Attorney mailed paperwork

5/15/14 DHS cashed check

5/19/14 - NOA1 received with PD 5/12/14

10/17/14 - NOA2 received

10/28/14 - Email received that file has been sent to NVC

11/13/14 - NVC received file

12/10/14 - NVC Assigned case number

12/12/14 - AOS Fee Invoiced

12/13/14 - Submit email to NVC to remove attorney as DS-261 Agent

12/16/14 - AOS Fee showing as Paid

12/17/14 - IV Fee invoiced

12/20/14 - IV fee available and paid

12/27/14 - DS-260 submitted

1/2/15 - AOS and IV packages sent to NVC

1/5/15 - USPS delivered packages to NVC

1/7/15 - NVC scanned in packages. Let the countdown begin...

1/30/15 - FINALLY got a reply to my email to remove the attorney from the DS-261

3/9/15 - Called NVC and they have checklisted us for an "incorrect" decree absolute from the UK, even though it is the legal official document. Have requested a supervisor review.

4/28/15 - Called and NVC said supervisor had reviewed and now claimed that the decree absolute was not included. After disagreeing with the less than helpful lady on the phone, and her not being able to get the review time right. (She kept changing her story between 42 days and 30 days).

4/30/15 - Sent the same copy of the decree absolute to the NVC from the UK, highlighting the "decree absolute" wording with a letter stating that this is the only document provided by the UK government.

5/6/15 - Scan date for checklist received.

6/5/15 - Case complete!!!

6/12/15 - Called and interview is scheduled for July 1!

6/14/15 - Received email with interview date and instructions.

6/19/15 - Case showing as ready on CEAC.

7/1/15 - Approved at interview!!!

7/6/15 - CEAC changed to Administrative Processing

7/7/15 - CEAC changed to Issued!!!!!

7/10/15 - Passport and packet delivered!

7/29/15 - Husband entered with visa at Dallas/Fort Worth airport

9/29/15 - GC delivered!!!

5/4/17 - ROC packet sent via USPS

5/9/17 - Tracking shows delivered

5/17/17 - Check cashed

5/19/17 - NOA1 received with date of 5/8/17

5/27/17 - Biometrics appt received 6/8/17

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Filed: AOS (pnd) Country: Australia
Timeline

Thank you for pointing this out. What is required of a co-sponsor?

What kind of burdens will a co-sponsor have?

Sorry, someone else will have to answer that; I don't have experience there myself. (You can also read the FAQs at the top of the page.)

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Filed: Lift. Cond. (apr) Country: India
Timeline

Thank you for pointing this out. What is required of a co-sponsor?

What kind of burdens will a co-sponsor have?

If you want to be together sooner rather than later I suggest you go the K1 route because if you're in LA you will be processed through the CSC which takes less than 6 months.

As far as your taxes go they ask for the past 3 years of taxes. If you fall under the required income which currently is something like $19,500 (folks please correct me if I'm wrong on the number) you do need a co-sponsor.

A co-sponsor can be anyone, they do not have to be related to your or your girlfriend. However they need to be made aware that if they are going to co-sponsor it's not just signing a piece of paper but officially stating that in case your girlfriend needs financial support they are willing to take it on. The co-sponsor would also have to sign and submit an I-134 (this happens after the NOA2) together with 3 most recent years of income tax or they can submit 2 years of income tax and most recent pay stubs.

K-1 Visa

Service Center: Texas Service Center

Transferred? No

Consulate: Mumbai, India

 

Met at University in UK: 2010

Engaged in India: 03/31/2014

I-129F Sent: 06/20/2014

NOA1: 06/25/2014

NOA2: 12/16/2014

NOA2 Hardcopy Received: 12/23/2014

Case Sent to NVC: 12/23/2014

NVC Case Number Assigned: 01/05/2015

Case Sent to Consulate: 01/08/2015

Case "Ready" at Consulate: 01/09/2015

Applied for PCC: 01/20/2015

PCC in hand: 02/23/2015

Medical: 01/23/2015

Completed DS-160 and paid visa fee: 02/20/2015

Interview: 03/13/2015 APPROVED :)--> Same day went into AP

Visa "issued" on CEAC webstie: 03/16/2015

:goofy: :goofy: Visa in hand! 03/18/2015 :goofy::goofy:

POE: 06/04/2015 :dancing: :dancing: :dancing:

AOS Journey

06.11.2015- City Hall Wedding

06.29.2015- Mailed AOS Package

07.01.2015 - Package Delivered at Chicago Lockbox

07.02.2015- Date Received as per USCIS

07.09.2015- NOA1 for EAD/AP

07.24.2015- RFE :ranting:

08.13.2015- USCIS accepted RFE response

09.08.2015- EAD received

Waiting for the interview :clock:

12.19.2015 WE GOT THE GREEN CARD IN THE MAIL!!!!! No interview :)

ROC

10.25.2017 ROC packet received by VT Service Center

11.02.2017- Received NOA dated 10.26.2017

11.29.17- Completed Biometrics

Waiting for the interview :clock:

 

 

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