IR1/CR1 or Fiance Visa?

[ISIS AND TROY 5]

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.

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

Well I supposed she was thinking about DCF, that's why I said that she could only do that living in Chile.

[jessicaruizw 9]

Took me so long to draft that, that there were several replies meanwhile.......anyway, I hope it was some help. If you need anything else, message me. I find it helpful to speak with other ppl in your specific country. Also, my friend is applying for a k-1 right now for his polola, so I could let you know how theirs worked out and how long it took (they filed in jan).

and check out the link i sent in my reason #5!!

[chanchico 0]

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?

Its so nice hearing that others are going through the same thing! Especially in the same country!

Our "engagement" period will be basically up until we have a ceremony, which we don't plan on having right now - also low on cash and need to pay off some debt before getting into some more - for this reason I don't really care which country we "sign the papers" - for me at the moment thats what is it - just signing papers and I need to know when and where to do it! Thats not to say we are only getting married for a visa - because if I had the money for a nice wedding ceremony in both countries we would get married right now - but we don't!

I also want Cristopher to be able to work and be "part of society" right away. My dad is going to give him a job in the mean time while he looks for something in his field but he can't do that without permission to work and he def doesnt want to be sitting around the house doing nothing waiting - can't afford to do that anyways!

A question: How do you plan on mingling your assets? This is really one of my main concerns.. We have been living together for the last two years but there isn't really any hard evidence to prove it...Our apartment is in my name since I am the one with a full time job - so we can't really prove anything with that.. And while we do share money there is no proof either- at the moment we don't have a shared bank account because I wasn't aware we could have one? Do you know? I have my cuentaRUT and he has bank accounts but with my temporary resident visa I can only have a cuentaRUT - with marriage could we get a shared account?

My plan is to move back to the US in July and start school again - he will be finishing up his last semester, then work throughout the summer in Chile to save up some money and so he can finish his last requirements in March. He will then HOPEFULLY be done with all his classes and only have to deal with his thesis which he will do in the states... Basically there is no way he can come before April-ish to live permanently - so I don't know if filing while I am living in Chile would be a good idea even though its faster - it might be TOO fast

I am thinking that if we get married before we go to the states then we can file from there the petition and have from July - April waiting time without any rush, since he couldn't come any sooner anyways...My only concern is that is proving that we are a bonifide couple - with bank accounts and stuff - and also proving that our marriage is real - I mean it technically would be - but we aren't going to have a celebration or anything.. Do you think its important to at least have a party to show pictures of a wedding? AND have wedding bands?

I also don't want to look suspicious when going to visit in July. We are pretty confident that he will get his tourist visa for July since he already showed he went to the states and came back before but I don't know how they feel about him getting married to me and then going as a tourist? Do you know if thats okay?

Okay, sorry for all the rambling! It actually feels good to be able to talk about this stuff; I have been talking with my friends about from home and they don't really understand and obviously can't give me any advice

[jessicaruizw 9]

Mingling assets....always a trick. I am lucky enough to have a bank account at BCI nova that my employer was able to open for me. While we can not get a joint account, what we can get is an "adicional." basically we ordered him a debit card for my account that has both our names on it. Next week we are going to try at his bank (credichile). I will let you know how it goes. If you share money, make sure you transfer it electronically or deposit it with a slip so there is evidence of money moving back and forth between your accounts.

You can get a normal shared account (I think it´s called cuenta bi-titular), but I think you are going to have to apply for your permanent residence to do so (which would be contrary to when you file your I-864 and need to prove intent to return to the US, so I am not going to do it). I am still investigating this in our banks. I will let you know.

We live together but we don´t even have a lease since we live with a friend whose parents rent the place bla bla bla. Typical chilean informalities. I think I am going to ask my friend´s dad to draft us some sort of lease. I am also requesting that our rent receipts be made out in both our names and we will alternate who makes the deposit for rent (one month him, one month me, etc).

Do you guys have a pet? I plan on turning in the vet bill that I paid for for his (soon to our) dog. Do you put $ on his cell phone? Think about any possible way you share your financial lives, and mainly anything that can have a reciept (groceries bought on my card with his lider points number).

For the wedding, I think you need to at least have an asado. If my suegro can´t help us out, I plan on buying a white dress at Falabella, paying the extra 25.000 or whatever it is for the registro civil to come to our house, and having an informal civil ceremony. I have heard that the pictures are important.

As far as your timeline, maybe go the cr-1 route so you can get married nowish, he can spend next chilean summer vacation with you, and then since he will already be a resident he can return to chile to finish up his studies without restriction of travel?? For the visit in July, I don´t know to be honest. My friends I mentioned earlier had her tourist visa denied to visit him, and she had been to the U.S. twice and australia on work visas and never any immigration problems....

[bigdog 377]

We did k-1 wish we had done th CR1, easier and once you are done you enter with a green card. The catch is is you need to watch the 6 month out of country issues that apply for citizenship etc on the Conditional GC.

[jessicaruizw 9]

The catch is is you need to watch the 6 month out of country issues that apply for citizenship etc on the Conditional GC.

Hey bigdog...could you be more specific with what you mean by "6 month out of country issues"?

[pushbrk 13,926]

Hey bigdog...could you be more specific with what you mean by "6 month out of country issues"?

Google "maintaining permanent resident status". For the record, the requirements are the same whether the status is conditional or not.

[Laure&Colin 562]

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! )

No, you don't have to be in Chile during the whole process. My husband had lived in France for 2 1/2 years at the time we filed, we got into the fast queue, but he had to go back to the States in January, when we were at the NVC stage. The important thing is that you're residing abroad when you file the I130 petition and give your adress adress abroad on all forms.

Beware though, if you get married and file now from Chile, he should have his visa long before next April, and the visa is only valid for 6 months.

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.

Couldn't agree more! In the beginning we were considering a K1 visa, and I'm glad a friend who had gone through the process warned us. She said you basically have to go through the entire immigration process twice, once abroad, and once again in the US, which describes it pretty well.

However if you were married less than 2 years by the time your spouse enters the US, you'll still have to lift conditions after 2 years.

[chanchico 0]

No, you don't have to be in Chile during the whole process. My husband had lived in France for 2 1/2 years at the time we filed, we got into the fast queue, but he had to go back to the States in January, when we were at the NVC stage. The important thing is that you're residing abroad when you file the I130 petition and give your adress adress abroad on all forms.

Beware though, if you get married and file now from Chile, he should have his visa long before next April, and the visa is only valid for 6 months.

This is one of my main concerns - since he can't come to the the US until at least the end of March or April - based on the idea of him finishing all his classes..

But then could we get married in July, before I move from Chile - do the fast track which I have heard from a friend who did it here in Chile only took her about 2 1/2 months - and then have him come for Christmas and summer - he could then enter as a citizen - work for a few months, my dad already has a job set up for him at his company until he can find something in his field and work on his english - then he could come back to Chile in March finish up what he has to do (at this moment its basically a week long required field trip to the north of Chile ) then come back to the US... I guess in this way we would be spending that extra money that we would saved on the fiance visa on plane tickets - but lets get real, we probably would have to spend that for me to go visit him anyways - at least we would be saving the hassle of the two processes

I had read that with a conditional green card and ten year green card you can only be out of the country for 6 months of the year in total - and that it is not recommended to take trips every other week or month because it looks suspicious - but I am assuming a trip to the country you were born in twice a year is alright.. I mean they understand you still have family there

[alizon 77]

This is one of my main concerns - since he can't come to the the US until at least the end of March or April - based on the idea of him finishing all his classes..

But then could we get married in July, before I move from Chile - do the fast track which I have heard from a friend who did it here in Chile only took her about 2 1/2 months - and then have him come for Christmas and summer - he could then enter as a citizen - work for a few months, my dad already has a job set up for him at his company until he can find something in his field and work on his english - then he could come back to Chile in March finish up what he has to do (at this moment its basically a week long required field trip to the north of Chile ) then come back to the US... I guess in this way we would be spending that extra money that we would saved on the fiance visa on plane tickets - but lets get real, we probably would have to spend that for me to go visit him anyways - at least we would be saving the hassle of the two processes

I had read that with a conditional green card and ten year green card you can only be out of the country for 6 months of the year in total - and that it is not recommended to take trips every other week or month because it looks suspicious - but I am assuming a trip to the country you were born in twice a year is alright.. I mean they understand you still have family there

No, he'd be entering as a permanent resident, not a citizen. It makes a BIG difference since claiming to be a citizen before being one will ban him from ever actually getting citizenship.

And yes, trips to visit family are fine. On a green card you are free to travel; they just don't want you giving up your permanent residence by going to live somewhere else for >6 months out of the year.

Edited April 1, 2012 by alizon

[chanchico 0]

No, he'd be entering as a permanent resident, not a citizen. It makes a BIG difference since claiming to be a citizen before being one will ban him from ever actually getting citizenship.

Ooops, thats what I meant- a permanent resident! Do you mean that if he accidentally said he was a citizen he could get banned from ever becoming one?

Also, do we both need to get interviewed for the spouse visa? Meaning I would have to be in Chile for the interview if I filed abroad and then later went to the US? Would I have to return?

[alizon 77]

Ooops, thats what I meant- a permanent resident! Do you mean that if he accidentally said he was a citizen he could get banned from ever becoming one?

Also, do we both need to get interviewed for the spouse visa? Meaning I would have to be in Chile for the interview if I filed abroad and then later went to the US? Would I have to return?

"Accidentally claimed to be a citizen" is a tricky thing...I'm not an expert in the laws surrounding that. I've only seen a couple people on VJ dealing with the consequences of having voted or checked a box saying they're a citizen when they weren't. Try searching "false claim to citizenship" on here and google and you'll see what I mean. Just make sure he remembers that he's NOT a citizen; citizens don't have green cards!

For the interview, that depends on the consulate. Some consulates require the spouse to be there, some don't, and for others it's taken as contributing to the proof of the relationship. You'll have to check out your regional forum and the reviews of the consulate that you'd be assigned to for the answers there.

[pushbrk 13,926]

Ooops, thats what I meant- a permanent resident! Do you mean that if he accidentally said he was a citizen he could get banned from ever becoming one?

False claims of US Citizenship don't just ban one from citizenship. They result in deportation and lifetime bans from entering the USA. People might make such a claim ignorantly, but not accidentally.