IR1/CR1 or Fiance Visa?

[chanchico 0]

Okay so this is my first post and I have A LOT of doubts that can hopefully all be answered!

A little background on our situation: I am a US citizen and I want / need to get my Chilean boyfriend to the United States, to live. He has visited once in 2010 and will hopefully get a tourist visa again to come visit my family with me in July. We have been together for the last 3 years and I have lived with him here in Chile for the majority of that time except for a 6-month time period when I was finishing my undergraduate studies in the states (we met on a study abroad)

While we are both going to the states in July to visit my family he will be returning to Chile after a month and I will be staying in the states. Our plan is for him to be in the US with me by April 2013; he is finishing up his last semester at the university here and then plans on coming and living with me in the states and work on his thesis there.

SO, I have been looking into visa options for him and have ruled out studying in the US and also a work visa – from my understanding they give these visas out based on needed skills and since he is an agriculture studies major I assumed it would be unlikely for someone to sponsor him for that visa.. Am I right in thinking this?

This leaves me with either a spouse (IR1 / CR1 ) or fiancé visa and I am trying to figure out which one would be better/ easier / cheaper for us. I already figured that if we do get married in Chile it is more practical to apply for the IR1/CR1 opposed to the K-3 spouse visa.. right?

We would start processing the visa around September when he returns to Chile, which would already give us a good amount of time until he wants to be in the US in April.. so I think processing times on both visas work within that time frame but I just have a few doubts.

1. With a fiancé visa: once we are married in the US and apply for permanent residency can he work or is there a wait time? I have seen some information about permission to work – how does that work?

2. If we decide to do the spouse visa we would get married in June or July – and he would ideally already have a tourist visa to get into the US for a visit – will this look suspicious when he is entering the US or later when we actually apply for the spouse visa? Or is it okay if we explain that he is just visiting now and we are going to petition for a spouse visa later?

3. I have heard some conflicting information about him being able to leave the country once he is issued his green card. I know that he would be given a conditional green card for two years – but would he be able to visit Chile with this? Or have to stay in the country for two years?

4. Since I haven’t been in working in the United States for 3 years I think it will be hard to show that I can sponger him financially. Are my parents able to co-sponsor?

Alright, that’s all I can think of for now – thanks for reading all that and for any help – we unfortunately can’t talk to any lawyers at the moment – we actually plan on talking with one when we arrive to Seattle in July, but if they tell us then it is better to get married in Chile I will have to fly back just to get married!

Thanks!

Savanna

[pushbrk 12,969]

Okay so this is my first post and I have A LOT of doubts that can hopefully all be answered!

A little background on our situation: I am a US citizen and I want / need to get my Chilean boyfriend to the United States, to live. He has visited once in 2010 and will hopefully get a tourist visa again to come visit my family with me in July. We have been together for the last 3 years and I have lived with him here in Chile for the majority of that time except for a 6-month time period when I was finishing my undergraduate studies in the states (we met on a study abroad)

While we are both going to the states in July to visit my family he will be returning to Chile after a month and I will be staying in the states. Our plan is for him to be in the US with me by April 2013; he is finishing up his last semester at the university here and then plans on coming and living with me in the states and work on his thesis there.

SO, I have been looking into visa options for him and have ruled out studying in the US and also a work visa – from my understanding they give these visas out based on needed skills and since he is an agriculture studies major I assumed it would be unlikely for someone to sponsor him for that visa.. Am I right in thinking this?

This leaves me with either a spouse (IR1 / CR1 ) or fiancé visa and I am trying to figure out which one would be better/ easier / cheaper for us. I already figured that if we do get married in Chile it is more practical to apply for the IR1/CR1 opposed to the K-3 spouse visa.. right?

We would start processing the visa around September when he returns to Chile, which would already give us a good amount of time until he wants to be in the US in April.. so I think processing times on both visas work within that time frame but I just have a few doubts.

1. With a fiancé visa: once we are married in the US and apply for permanent residency can he work or is there a wait time? I have seen some information about permission to work – how does that work?

2. If we decide to do the spouse visa we would get married in June or July – and he would ideally already have a tourist visa to get into the US for a visit – will this look suspicious when he is entering the US or later when we actually apply for the spouse visa? Or is it okay if we explain that he is just visiting now and we are going to petition for a spouse visa later?

3. I have heard some conflicting information about him being able to leave the country once he is issued his green card. I know that he would be given a conditional green card for two years – but would he be able to visit Chile with this? Or have to stay in the country for two years?

4. Since I haven't been in working in the United States for 3 years I think it will be hard to show that I can sponger him financially. Are my parents able to co-sponsor?

Alright, that's all I can think of for now – thanks for reading all that and for any help – we unfortunately can't talk to any lawyers at the moment – we actually plan on talking with one when we arrive to Seattle in July, but if they tell us then it is better to get married in Chile I will have to fly back just to get married!

Thanks!

Savanna

There are no boyfriend visas. Decide when and where you want to marry, then pursue the visa that fits your life plan.

[Ryan H 3,812]

This leaves me with either a spouse (IR1 / CR1 ) or fiancé visa and I am trying to figure out which one would be better/ easier / cheaper for us. I already figured that if we do get married in Chile it is more practical to apply for the IR1/CR1 opposed to the K-3 spouse visa.. right?

Forget the K3, paperwork that is filed for that process often gets administratively closed by the NVC leaving only the CR-1 (IR-1 if applicable) path active. Spousal visa path is cheaper than fiance visa path, rounding up estimate $1000 is government fees for spousal visa process (petition filing fee, affidavit of support fee, immigrant visa application fee). For fiance visa, rounding up, estimate $2000 in government fees (petition filing fee, visa fee, and fee for adjustment of status to permanent resident after arriving in the US and getting married).

My answers are in bold:

1. With a fiancé visa: once we are married in the US and apply for permanent residency can he work or is there a wait time? I have seen some information about permission to work – how does that work?

When the application to adjust status is filed, paperwork for an Employment Authorization Document can also be filed for. Be aware that the timeframe to receive an EAD is many weeks or even months, sometimes, AOS is approved before an EAD is even seen.

2. If we decide to do the spouse visa we would get married in June or July – and he would ideally already have a tourist visa to get into the US for a visit – will this look suspicious when he is entering the US or later when we actually apply for the spouse visa? Or is it okay if we explain that he is just visiting now and we are going to petition for a spouse visa later?

Whether or not he will be admitted to the US will be at the discretion of CBP.

3. I have heard some conflicting information about him being able to leave the country once he is issued his green card. I know that he would be given a conditional green card for two years – but would he be able to visit Chile with this? Or have to stay in the country for two years?

He will be able to visit Chile.

4. Since I haven’t been in working in the United States for 3 years I think it will be hard to show that I can sponger him financially. Are my parents able to co-sponsor?

If you go the fiance visa route, your parents would be co-sponsors. If you go the spousal visa route, your parents would be joint sponsors.

[afoyoswa 178]

We would start processing the visa around September when he returns to Chile, which would already give us a good amount of time until he wants to be in the US in April.. so I think processing times on both visas work within that time frame but I just have a few doubts.

Others addressed most of your other questions, but no one mentioned this one. Even if you submit paperwork in September, that's only allowing 7 months before he wants to be here. There is no way to predict how long the process will take or to guarantee when/if someone will be able to come here, but 7 months start to finish would be on the quicker side of average for K-1 and very quick for CR-1. So, just be aware that you can't really decide when someone would like to be here and then work backward from there: it's a completely unpredictable process.

[ISIS AND TROY 5]

First, once you start your visa journey, there’s no way how to make sure he’ll be with you by April 2013. We have an estimated timeframe but all cases are different. So what you could do is get some statistics of timelines from Chile with both K1 and CR1/IR1 visas and have an idea of the processing times. K3 is not being processed anymore in USCIS.

Related to the prices, immigrant visa fees will be reduced soon, I’m almost sure that by September they will be valid already. If you apply for a spousal visa and he gets approved, he’ll be able to work in America as soon as you receive his SSN and GC through mail in the address provided, but there’s a waiting for fiancée visas, you need to marry within 90 days of his entry and then apply again for AOS “Adjustment of Status”.

You can file a CR1/IR1 visa for him while he already has a tourist visa, it shouldn’t be a problem, but then related to visiting America while waiting for it to be approved varies a lot, some people are able to enter America, some might get denied, it’s up to the costumers to decide if he can enter the country or not, but what I can tell you for sure is “He has to tell the truth at POE (port of entry), always”, if he is caught lying, that will completely mess up with all your plans of a lifetime together. But I hope someone that has had this experience already can share with you this subject!

If he gets approved for a CR1/IR1 visa, he will be able to travel and visit his family in Chile, even if he’s a conditional resident, not sure about the K1…I would think that probably just after he adjust status, but again I hope the fiancée visa people give you their input about it.

And yes, your parents can be his co-sponsor! I hope you figure out everything you need, this journey is not easy, I have been waiting for my spousal visa and it hurts deeply to have to be apart from my husband for such a long time! Good luck! And take some time to look up the guides here, the timelines and documents needed, you should be ok! I hope the few things that I know helped you.

[Laure&Colin 558]

The most important question when choosing between K1 and IR1/CR1 is: is there a specific place where you want to marry?

If you don't mind marrying in Chile, then the IR1/CR1 is far superior: it's much cheaper (no adjustment of status after arrival in the US, which is about $1000, although the filing fees are a little higher in the beginning); the foreign spouse gets the LPR status and green card MUCH faster, on the day they enter the country (again no AOS), meaning they can work, travel, drive, get an SS number immediately; it's a lot less hassle, since all the paperwork is over once you get your visa.

The downside is that the time from filing the original petition to getting the visa in hand is a little longer than for the K1, and 7 months is not enough. Unless you live abroad with him at the time you file the petition, in which case the first step is generally auto-expedited and everything could be over in less than 6 months (see my signature).

[Ryan H 3,812]

K3 is not being processed anymore in USCIS.

Incorrect, the K3 officially remains on the books even though it is practically nonexistent in practice. USCIS will accept an I-129F that is filed to start the K3 process and pull the I-130 that was filed from its place in the queue and place it with the just filed I-129F. The petitions will be adjudicated by USCIS and if they are both approved, they will be sent to the NVC. It is the NVC that administratively closes the I-129F for K3 if they have an approved I-130 on station at the time they receive the I-129F. There is that rare occasion where an I-129F will arrive at the NVC ahead of the I-130, a scenario that results in the K3 process continuing.

With all of that being said, I will restate what I said earlier and that is to forget the K3 because it's practically unobtainable and it would cost time as a result of USCIS tying the I-130 and I-129F together.

[chanchico 0]

Forget the K3, paperwork that is filed for that process often gets administratively closed by the NVC leaving only the CR-1 (IR-1 if applicable) path active. Spousal visa path is cheaper than fiance visa path, rounding up estimate $1000 is government fees for spousal visa process (petition filing fee, affidavit of support fee, immigrant visa application fee). For fiance visa, rounding up, estimate $2000 in government fees (petition filing fee, visa fee, and fee for adjustment of status to permanent resident after arriving in the US and getting married).

My answers are in bold:

Thank you!

First, once you start your visa journey, there’s no way how to make sure he’ll be with you by April 2013. We have an estimated timeframe but all cases are different. So what you could do is get some statistics of timelines from Chile with both K1 and CR1/IR1 visas and have an idea of the processing times. K3 is not being processed anymore in USCIS.

Related to the prices, immigrant visa fees will be reduced soon, I’m almost sure that by September they will be valid already. If you apply for a spousal visa and he gets approved, he’ll be able to work in America as soon as you receive his SSN and GC through mail in the address provided, but there’s a waiting for fiancée visas, you need to marry within 90 days of his entry and then apply again for AOS “Adjustment of Status”.

You can file a CR1/IR1 visa for him while he already has a tourist visa, it shouldn’t be a problem, but then related to visiting America while waiting for it to be approved varies a lot, some people are able to enter America, some might get denied, it’s up to the costumers to decide if he can enter the country or not, but what I can tell you for sure is “He has to tell the truth at POE (port of entry), always”, if he is caught lying, that will completely mess up with all your plans of a lifetime together. But I hope someone that has had this experience already can share with you this subject!

If he gets approved for a CR1/IR1 visa, he will be able to travel and visit his family in Chile, even if he’s a conditional resident, not sure about the K1…I would think that probably just after he adjust status, but again I hope the fiancée visa people give you their input about it.

And yes, your parents can be his co-sponsor! I hope you figure out everything you need, this journey is not easy, I have been waiting for my spousal visa and it hurts deeply to have to be apart from my husband for such a long time! Good luck! And take some time to look up the guides here, the timelines and documents needed, you should be ok! I hope the few things that I know helped you.

Thanks! I am going to make a sure to take a good look at the guidelines and estimated times!

Do you know if I could file for a spousal visa while he is in the US with me? Or even from Chile to speed up the process?

[ISIS AND TROY 5]

Incorrect, the K3 officially remains on the books even though it is practically nonexistent in practice. USCIS will accept an I-129F that is filed to start the K3 process and pull the I-130 that was filed from its place in the queue and place it with the just filed I-129F. The petitions will be adjudicated by USCIS and if they are both approved, they will be sent to the NVC. It is the NVC that administratively closes the I-129F for K3 if they have an approved I-130 on station at the time they receive the I-129F. There is that rare occasion where an I-129F will arrive at the NVC ahead of the I-130, a scenario that results in the K3 process continuing.

With all of that being said, I will restate what I said earlier and that is to forget the K3 because it's practically unobtainable and it would cost time as a result of USCIS tying the I-130 and I-129F together.

Ok, yes you are right, my mistake! I tried to say the K3 is not a way she could chose, but ended up involving USCIS name. If she files a I-130 and right after files the I-129F, she will get both NOA1 and NOA2, which indicates it's still being processed. But the K3 was a way of getting spouses to America faster because until some time ago, the CR/IR visas took a long time. Currently the time for approval is close the same for both, so the K3 gets turned out to the CR/IR route, making it pointless to consider the K3 possibility.

[Ryan H 3,812]

Do you know if I could file for a spousal visa while he is in the US with me? Or even from Chile to speed up the process?

You can file the petition while he is in the US and you can send the petition to the appropriate lockbox facility from Chile. Regardless of where you send it from, sending the petition is the first step, it will not "speed" anything up.

[chanchico 0]

The most important question when choosing between K1 and IR1/CR1 is: is there a specific place where you want to marry?

If you don't mind marrying in Chile, then the IR1/CR1 is far superior: it's much cheaper (no adjustment of status after arrival in the US, which is about $1000, although the filing fees are a little higher in the beginning); the foreign spouse gets the LPR status and green card MUCH faster, on the day they enter the country (again no AOS), meaning they can work, travel, drive, get an SS number immediately; it's a lot less hassle, since all the paperwork is over once you get your visa.

The downside is that the time from filing the original petition to getting the visa in hand is a little longer than for the K1, and 7 months is not enough. Unless you live abroad with him at the time you file the petition, in which case the first step is generally auto-expedited and everything could be over in less than 6 months (see my signature).

I do live abroad with him at the moment and have thought of that option having heard it could be faster - but would I have to be in the country until he gets the visa? Or could we file that here in Chile before July and then wait it out while I am in the states? Also, once he gets the visa does he have to come to the US? Everything is dependent on his studies and it is possible that he has to stay another semester which might be problematic if he has a visa for him to come the states in April (or May or June - whenever the process goes through! )

For my actual marriage ceremony (that will come in the future) we don't really care which country and will choose that based on visas for family members and friend later on..

For now whether we are in the United States or Chile we will be getting married legally just so we are able to both be living in the same country. We do want to go married in the future - and truth me told if we had the money right now to have the wedding I have always wanted we would do the ceremony and everything now - but we don't and want to wait to be able to have that - so getting married legally in either country works for me - because I am thinking of it as just signing some papers and the real wedding stuff will happen later.. While I prefer the US, its only slightly because I feel more comfortable with that - and if its a more logical getting married in Chile its fine by me..

Thanks!

[chanchico 0]

You can file the petition while he is in the US and you can send the petition to the appropriate lockbox facility from Chile. Regardless of where you send it from, sending the petition is the first step, it will not "speed" anything up.

I just want to make sure that he doesn't have to be in Chile when I send the petition, or that I even have to be in the United States. Since I am in Chile at the moment I assume we could get married right now and start the process, giving it a good year to process? I mean "speed it up" just by the fact that I would be sending the petition 2 or 3 months earlier..

[ISIS AND TROY 5]

Thank you!

Thanks! I am going to make a sure to take a good look at the guidelines and estimated times!

Do you know if I could file for a spousal visa while he is in the US with me? Or even from Chile to speed up the process?

Yes, you could FILE the I-130. He could try to enter on his tourist visa, and he would have to tell the truth when the costumers ask him "What he plans on doing in America?", he would have to say "Visit my gf or marry my fiancee", like I told you before, they might or might not let him in. IF he enters, you can marry him in America and file the I-130 while he's still there with you, but you won't be able to adjust his status (that would be considered fraud), he will have to watch the date the costumers said his tourist visa would expire, and you both would have to make sure HE WON'T OVERSTAY. That being said, he will have to go back to Chile before his tourist visa expiration date and wait for the process to be complete there, he will have to undergo and medical examination and interview there, and if he gets approved, he will be able to return to America and live with you as a permanent resident.

You only could file the I-130 from Chile if you were living there with him, and I am not sure if DCF is available in Chile. You would have to be living there for the past 6 months at least to DCF your case.

[Ryan H 3,812]

You only could file the I-130 from Chile if you were living there with him,

Not necessarily, an I-130 can be sent from overseas to a lockbox facility by a USC regardless if the USC is living abraod or visiting their spouse. If the USC spouse was visiting, then their petition would likely not end up in the "fast track" queue for USC spouses who live abroad and DCF is not available.

and I am not sure if DCF is available in Chile. You would have to be living there for the past 6 months at least to DCF your case.

There is no USCIS field office in Chile so DCF is not an option there.

[jessicaruizw 9]

This leaves me with either a spouse (IR1 / CR1 ) or fiancé visa and I am trying to figure out which one would be better/ easier / cheaper for us. I already figured that if we do get married in Chile it is more practical to apply for the IR1/CR1 opposed to the K-3 spouse visa.. right?

1. With a fiancé visa: once we are married in the US and apply for permanent residency can he work or is there a wait time? I have seen some information about permission to work – how does that work?

2. If we decide to do the spouse visa we would get married in June or July – and he would ideally already have a tourist visa to get into the US for a visit – will this look suspicious when he is entering the US or later when we actually apply for the spouse visa? Or is it okay if we explain that he is just visiting now and we are going to petition for a spouse visa later?

3. I have heard some conflicting information about him being able to leave the country once he is issued his green card. I know that he would be given a conditional green card for two years – but would he be able to visit Chile with this? Or have to stay in the country for two years?

Savanna -

This was the story of my life for the past 2 months.....I also live in chile and was debating the visa options for my pololo and me. here is the thread I wrote regarding that - http://www.visajourney.com/forums/topic/355362-k-1-or-cr-1/page__p__5203798__fromsearch__1#entry5203798

Also make sure you check out the http://www.visajourney.com/content/compare page, that gives you more details if you haven´t done so (cost).

I´ve been glued to VJ, the USCIS and the santiago embassy page for the last couple months, and the other week went to the U.S. to visit my fmaily and stopped at a USCIS office to speak with someone. Finally Jacob and I sat down last week and analyzed the k-1 vs the CR-1. We decided to just go ahead and do the CR-1 and here is why -

1)Jacob wants to work/study/travel ASAP. I don´t think it is a good idea for him to be sitting idle for several months (I understand on the k-1, it is 90 days AFTER you marry that you can work. Someone more knowledgeable may correct me on that). orando replied to my thread something of the same. If he is picking up and leaving his country for me, I want him to be able to be a participatory member of our society asap.

2)We are going to have a wedding in Chile regardless (we planned on getting married in both countries). We just didn´t want to do it yet because we are low on cash (saving up for our visa), and we wanted a nice party....but we are currently talking with my suegro to throw us a party Do you guys care where you marry?

3)We feel no need to have much of an "engagement period" so getting married here and now is no problem. Maybe that is important for you? Maybe you want the time to plan a big wedding...it wasn´t important for us.

4)It is WAY cheaper (about 1/2 as you have been told).

5)It will hopefully be faster - see Laure and Colins thread about Filing the CR-1 from abroad - http://www.visajourney.com/forums/topic/357465-usc-petitioner-living-abroad/page__st__30__p__5245246__fromsearch__1#entry5245246 Will you be staying stateside or will you be here in chile?

5)As I have learned, and as the lady at the USCIS office in my town said - the k-1 is basically the double paperwork of the CR-1. You do all the k-1 business, then have to turn around and file for him as your spouse (ca-ching, ca-ching, ca-ching goes the cash register) in order to adjust his status, lift conditions, bla bla bla. I am a teacher and I do enough daily paperwork, I don´t want the extra hassle.

6)We are currently living together and sharing money. this will come into play later when you have to prove a bonafide marriage (mingling of assests, shared lease, etc). If you plan on staying stateside, with him here, this might be difficult. It might be easier for you to prove your actual relation with a k-1.

I hope our decisions may offer you some insight into your decisions. It is not as easy as pushbrk says, just deciding when and where you want to marry, if you are trying to make future plans as well.

Keep in mind that as afoyoswa says, you can´t really start in the future and plan back. You have to be flexible and do not make concrete plans, or you will most likely be sorely dissapointed. If you want him in the US by next year, start now! Is there a certain date he can not enter the US before (ie- his work contract goes untill march 2013). Because I do know that upon issuance, the k-1 visa gives you a certain number of weeks to get stateside, and you can´t let this date pass. Maybe someone else knows?