Need Help For K1 Vs CR1

[uab1969 20]

Hello friends,

I am currently living in Spain with a Russian woman - we have lived together for 6 years. She has legal Spanish residency status here. I am a US citizen, age 72, she is 50. I am about to return to the States and will have an apartment in Chapel Hill NC when this process begins, including a rental agreement for an apartment. I understand it is necessary to have residency within the States before I begin applying, thus the return to North Carolina.

I receive about $1450 a month Soc Sec and have about $400,000 in savings - she also has $45,000 in savings, will that be enough to qualify us for a fiancée or CR1 visa? Will our age difference be a problem?

How does she get a police clearance, because she is not currently in Russia? When the process has moved along, I would return to Spain and accompany her to Madrid for any interviews. Will there be any problems with our set of circumstances.

We are considering marriage before the process begins and am looking for advice as to whether it is better to apply for a K1 instead of getting married first. One of my concerns is whether my level of financial support is adequate to even start the process.

I am thinking about hiring one of the immigration lawyers I have found on the internet and communicated with:: Joel Turney, Allan Lolly and recently Fred Wahl. Any information regarding any of these services would be appreciated.

[KayDeeCee 4,892]

Here is the comparison guide for the different visa types > http://www.visajourney.com/content/compare

Your income plus cash assets should be fine for the affidavit of support. Her assets can be listed on your affidavit of support if you are married first. Here are the poverty guidelines > http://www.uscis.gov/files/form/i-864p.pdf

~ Moving from K-1 Process to What Visa Do I Need- OP still deciding on which visa to choose ~

[JEWELLA 10]

Hello friends,

I am currently living in Spain with a Russian woman - we have lived together for 6 years. She has legal Spanish residency status here. I am a US citizen, age 72, she is 50. I am about to return to the States and will have an apartment in Chapel Hill NC when this process begins, including a rental agreement for an apartment. I understand it is necessary to have residency within the States before I begin applying, thus the return to North Carolina.

I receive about $1450 a month Soc Sec and have about $400,000 in savings - she also has $45,000 in savings, will that be enough to qualify us for a fiancée or CR1 visa? Will our age difference be a problem?

How does she get a police clearance, because she is not currently in Russia? When the process has moved along, I would return to Spain and accompany her to Madrid for any interviews. Will there be any problems with our set of circumstances.

We are considering marriage before the process begins and am looking for advice as to whether it is better to apply for a K1 instead of getting married first. One of my concerns is whether my level of financial support is adequate to even start the process.

I am thinking about hiring one of the immigration lawyers I have found on the internet and communicated with:: Joel Turney, Allan Lolly and recently Fred Wahl. Any information regarding any of these services would be appreciated.

According to Jay-Kay check the comparison board to see which visa is best for you.My fiance and i currently DIY for the K1 visa,we were able to receive our NOA2 in 96 days.So far everything been going smooth and quickly for us.Can't complain at this moment.like most other members might tell you,you don't have to use a lawyer to do either visas unless you have some great concern that might be problematic during the process.

There are K1 as well as CR1 guides you can follow to DIY.but if you choose to use a lawyer to have guidance and make yourself feel more comfortable i would suggest you use Allan S. Lolly because i had used him in the past and he was a great lawyer.I did not encounter any problems when using his service.A lawyer doesn't do much and what they do you can do it yourself.they will send you all the forms you needed.you have to filled them out and return the forms to them and then they will send them to the various immigration agencies,which is something you can do all by yourself.if you want to save money i would definitely recommend you DIY.

[Jawaree 717]

Marry her B4 U leave, start the process, come get the place ready

then go back until interview, she has to contact her consulate how to

get her police record in Russia & she has to get one in Spain...good luck

Edited October 6, 2013 by Jawaree

[uab1969 20]

First off, THANK YOU ALL so much for replying as I am pretty ignorant of this process until now....and trying to learn fast.

#1 The reason I was thinking of a lawyer is that I am concerned about the adequacy of my financial support level (noted above in my original post) - and also our age difference. I had thought a lawyer could enable that process easier with perhaps a better outcome.

We have been living here in Spain (her legally with a Spanish resident card; me with no legal papers...the Spanish government doesn't seem to care so long as you don't break any laws...and I stay for 5 months at a time, and io back home for a visit for 3 weeks or so and then return) -- so I do not think I will have any problems with showing that our relationship is genuine, we have rental contracts with both of us signing it, multiple photos etc.

#2 Getting married first entails a trip to Denmark where marriage is kind of like Las Vegas, no real residence requirements and only a few documents. Here in Spain it takes forever with MANY documents.This also will cost some cash (travel to Denmark etc)...as will renting my apartment in the States while also dealing with going back and forth a few times. I DO have an address listed now with my daughter, but just for Medicare reasons...as I do not physically live there. I do not see any way around having a physical livable address before starting the immigration process.

Her police record we may have covered...she has given power of attorney to a friend in her city in Russia to be able to obtain the police clearance when necessary, which will take a couple months (legal processes in Russia is like molasses).

If I do the K1 or CR1 myself, it seems to me I would need to be in the US at my mailing address to receive necessary mailings from the government and to send forms back etc...is that correct? Or does email work for that kind of stuff...mails from here takes 1 or 2 weeks to get there etc.

Marrying beforehand means a longer process, but less expensive, is that correct?? But also with the assurance if I get the CR1 visa, she automatically gets her green card mailed to our address pretty quickly. Once you get a CR1 visa, how long is that visa good for?

Any other advice/enlightenment is much appreciated.

(We met online 6 or 7 years ago while she was still in Russia - then she moved here to Spain making it infinitely easier to meet in person. and after a couple visits, I decided to retire and just move here. I was a practicing oral surgeon for 40 years in Bham AL)

[baron555 934]

I understand it is necessary to have residency within the States before I begin applying, thus the return to North Carolina.

No you don't, You could become married in Spain and file DCF or CR-1.

I receive about $1450 a month Soc Sec and have about $400,000 in savings - she also has $45,000 in savings, will that be enough to qualify us for a fiancée or CR1 visa?

Looks good to me, her money doesn't enter into the picture unless she trasnfers it to your account first.

Will our age difference be a problem?

No, many of us marry young Russian hotties !

How does she get a police clearance, because she is not currently in Russia?

She goes to the Russian Police building and submits for them for all cities she has lived in.....etc...etc...that meet the time and age requirements. Normally takes about a month and they are good for a year. She'll need them for Spanish cities also.

When the process has moved along, I would return to Spain and accompany her to Madrid for any interviews. Will there be any problems with our set of circumstances.

No

We are considering marriage before the process begins and am looking for advice as to whether it is better to apply for a K1 instead of getting married first. One of my concerns is whether my level of financial support is adequate to even start the process.

Your income is low but you have the liquid savings that will help.

I am thinking about hiring one of the immigration lawyers I have found on the internet and communicated with:: Joel Turney, Allan Lolly and recently Fred Wahl. Any information regarding any of these services would be appreciated.

If you want to reduce your savings, then use a lawyer. Besides that, your case is normal and doesn't need a lawyer.

[uab1969 20]

Phil, please correct me if I am wrong, but when researching the DCF in Madrid, it is no longer offered. Even when it was available, I had to be a resident of Spain, which I am not.

As far as me having a residency in the US for a CR1 or K1 visa, I believe at some point I will need a domicile address to indicate where we will live when we arive in the US. In addition, without a residence, where will all the mail correspondence be sent such that I can have access to it.

If I am incorrect, please inform me, and I surely appreciate your advice and interest.

(Your note about using a lawyer is pretty funny!)

[Pitaya 2,576]

~Duplicate posting removed~

~Please refrain from posting same topic in multiple forums~

[uab1969 20]

Another few questions, if I go the CR1 route, I have to give the government a domicile address where I currently physical AM living and will be living with my spouse, is that correct?

Or can I use a friend's address in the 129/130 form(s) for all communications from the government sent to me so as to perhaps stay here in Spain while the process goes on - thus saving me rental money during that period when I would rather live with her in Spain? When we enter the USA, am I required to live at the address I give them, or can I decide to change addresses at the time of entry?

Do I have to notify the government each time we move after she has her green card?

Thanks

Edited October 6, 2013 by uab1969

[phil09 8]

Another few questions, if I go the CR1 route, I have to give the government a domicile address where I currently physical AM living and will be living with my spouse, is that correct?

Or can I use a friend's address in the 129/130 form(s) for all communications from the government sent to me so as to perhaps stay here in Spain while the process goes on - thus saving me rental money during that period when I would rather live with her in Spain? When we enter the USA, am I required to live at the address I give them, or can I decide to change addresses at the time of entry?

Do I have to notify the government each time we move after she has her green card?

Thanks

UAB1969 - whether you go the K-1 or CR1 route, you should list an address on the I-130 where USCIS and later on, the National Visa Center can send you snail-mail. You can use a friend's address as long as you can count on him/her to reliably forward mail to you in Spain.

Just prior to your fiance/spouse having her interview at the US Embassy or Consulate in Spain, she will have to fill out form DS-230. On it, there will be a question as to what address she intends to live at, once she gets to the US. It can be the same address that you had put down on the I-130, or another address. I don't think USCIS cares either way, they just want her to show that she will have a place to stay in the US. Nobody will check to see if you guys are actually living there or not.

Once she is in the US, technically she is supposed to notify the Dept of Homeland Security within 10 days every time she moves:

http://www.uscis.gov/ilink/docView/SLB/HTML/SLB/0-0-0-1/0-0-0-29/0-0-0-8309.html

Practically, I have never met anybody who does it. Just don't get in trouble with the law, and nobody will bother you.

One last thing: I live in C-H (am a UNC grad - go Heels!) and have volunteered for several years with an NGO that handles family reunification cases, so I am familiar with the process. I don't think you need a lawyer. If you have questions about C-H or the immigration process, feel free to ask me. You can also send me a private message through the "Personal Messenger" feature of this site. Buena suerte y hasta luego.

Edited October 6, 2013 by phil09

[camden 20]

You're fortunate in the sense that no matter which visa route you choose to move forward with that you're able to reside with your fiancee. K1 is quicker than the CR1 currently.

[NikLR 13,220]

Actually if you are filing CR1 from abroad, use only an abroad address. Unless the mail is seriously unreliable and you have no internet in which to check or case, in the past this has shown to speed up your case.

Lawyers will not, with one exception AFTER the NOA2, speed up your case. Often they slow it down. However, if you're unsure of forms, have some red flags, or criminal issues then they're good to have. Beware of any lawyer that promises you a certain time frame.

[uab1969 20]

UAB1969 - whether you go the K-1 or CR1 route, you should list an address on the I-130 where USCIS and later on, the National Visa Center can send you snail-mail. You can use a friend's address as long as you can count on him/her to reliably forward mail to you in Spain.

Just prior to your fiance/spouse having her interview at the US Embassy or Consulate in Spain, she will have to fill out form DS-230. On it, there will be a question as to what address she intends to live at, once she gets to the US. It can be the same address that you had put down on the I-130, or another address. I don't think USCIS cares either way, they just want her to show that she will have a place to stay in the US. Nobody will check to see if you guys are actually living there or not.

Once she is in the US, technically she is supposed to notify the Dept of Homeland Security within 10 days every time she moves:

http://www.uscis.gov/ilink/docView/SLB/HTML/SLB/0-0-0-1/0-0-0-29/0-0-0-8309.html

Practically, I have never met anybody who does it. Just don't get in trouble with the law, and nobody will bother you.

One last thing: I live in C-H (am a UNC grad - go Heels!) and have volunteered for several years with an NGO that handles family reunification cases, so I am familiar with the process. I don't think you need a lawyer. If you have questions about C-H or the immigration process, feel free to ask me. You can also send me a private message through the "Personal Messenger" feature of this site. Buena suerte y hasta luego.

Phil09, The advice/information is much appreciated.

So...What will be in any snail mail the USCIS and NVC they send me at the address listed in the I-130? Will these be documents that I then must use for further filings or are they simply hard copies of the NOAs that will be sent out that I will also receive via email or internet access? What about my daughter (Chicago) scanning the info in any snail mail I get and sending it on via email to me, will that work. I am just trying to find a way to save a _significant_ amount of cash from unneeded rent when I really would rather be living here in Spain with her where we are now during the process. But of course if that is going to jeopardize the process I will just have to bite the emotional and financial bullet and just move back to the States during this ordeal.

And if I put an address in the Chicago area in the I-130 and then on the DS-230 a different one in Chapel Hill, is that going to raise any red flags for the Visa officers in terms of length of time it takes or otherwise hurt approval of her visa? I am noticing postings from from some here that the process for the CR-1 is taking 18 months to 2 years to complete...this surely is a long time to have to wait to be physically finally living with my Russian woman.

Personally, phil09, which avenue would YOU choose if you were in my shoes, CR-1 of K-1?

Thanks

You're fortunate in the sense that no matter which visa route you choose to move forward with that you're able to reside with your fiancee. K1 is quicker than the CR1 currently.

What you say would be great if I can find a way list an address on the forms in the US that will not get me in trouble. Listing a friends address would be perfect assuming that would not be investigated or creat problems later on.

Thanks

Edited October 7, 2013 by uab1969

[uab1969 20]

Actually if you are filing CR1 from abroad, use only an abroad address. Unless the mail is seriously unreliable and you have no internet in which to check or case, in the past this has shown to speed up your case.

Lawyers will not, with one exception AFTER the NOA2, speed up your case. Often they slow it down. However, if you're unsure of forms, have some red flags, or criminal issues then they're good to have. Beware of any lawyer that promises you a certain time frame.

NLR, you're suggesting then, if I am understanding you correctly, that I can list my address here in Spain on the I-130; and then when the DS-230 is finally filed use an address in the US where I finally will have rented an apartment in Chapel. Somewhere up the process road, I will return to the US and physically rent our place and have been able to stay here in Spain for the long wait.

I never understood that it wasn't absolutely necessary to physically be in the US for most of the duration of the visa process so long as I finally had a rented apartment before the visa interview. But then I am in a kid of different situation in that we living here unencumbered for the last 6 year - most applicants have not been in that situation. For me it has been possible because when I left the US to live here, I was retired and sold my house upon leaving (never looked back), and had Soc Sec income and savings MORE than adequate to live a good life here in Spain.

Thanks

[uab1969 20]

NLR, you said "Actually if you are filing CR1 from abroad, use only an abroad address. Unless the mail is seriously unreliable and you have no internet in which to check or case, in the past this has shown to speed up your case. "

---------------

Why would me listing an abroad address as mine (living with her in Spain) "speed up my case?"

Thanks