Seeking advice on our situation

[ericy 0]

Hello all,

I'm an US citizen who lives in the States, and my fiancee has been visiting me every few months under the Visa Waiver Program from overseas. We're planning to get married here in the States to build a life together; to avoid spending time apart, we'd prefer not to apply for K-1 and would like to ask for your opinions on a few things. We've learnt that we could get married here in the States the next time she visits and file I-130, G-325a, I-864, and I-485 so she doesn't have to leave here and wait back home overseas.

Since she currently does not live here and cannot stay past 90 days, we'll only have limited evidence to proof that this is a bona fide marriage as she doesn't have mails nor bank accounts, and the rent lease is only under my name. Would it be better for us to get married and start a life first for some time before filing the application? But then if she stays past 90 days, her status will become illegal. What are our options?

I used to make above 125% of the poverty line up until 2011, but since 2012, I started my own company; it's a single-member LLC, so I can't give myself a W2, and the company hasn't made any profit. In short, my income for 2012 & 2013 have been $0, but I still do have 125%+ cash in the bank. Would I be able to use the bank statements to proof that I can sponsor her? Does this reduce the chance of approval for the application?

Thank you for taking the time to help. Your inputs are greatly appreciated.

Best,

- Eric

[canadian_wife 1,791]

I'm sorry, but your plan of having her come to the US on the VWP, marry, and adjust status is called visa fraud. It can carry a lifetime ban from the US.

This should not be an option for you.

Decide between the K1 and the Cr1 spousal visa and plan accordingly

good luck

[christeen 966]

She cannot come on VWp with the intent to immigrate... What your are proposing is in fact, as CanadianWife said, visa fraud. You need to file a K1 or marry and file CR1, those are your legal options at this point. The AOS option are for people already here in the USA that entered without the intention if immigrating but instead decide to marry and change status... Since you are premeditating this, it is not legal.

[ericy 0]

Thank you both for the warning. We somewhat understand the process for K-1, but how would we qualify for CR-1? Don't we still need to be married... here? overseas?

We'd also appreciate any advice you might have about my current financial situation.

Thank you all again for helping out.

[Harpa Timsah 13,258]

For the CR-1, you need to be married. Anywhere in the world. Married is married.

K-1 is going fast right now, just a few months. I'd opt for that.

If you don't have income you'll need 3X the 125% poverty line in assets. So if you don't have $60K cash, you'll need a co-sponsor.

[ericy 0]

Thanks for clarifying. Another reason why we didn't prefer K-1 was the fact that both of our parents are overseas, and it'd be quite difficult to fly them over for the wedding, let alone having them in photos. Would it not be wise to opt for K-1 in this case, or could we have the wedding ceremony overseas and marry here in the States?

I could, however, fly overseas to get married with her along with our family members and file CR-1 once I come back, but reading http://www.visajourney.com/content/i130guide1 , how will we be able to provide evidence of the marriage other than the certificate & photos?

Thank you all so much for your responses.

Edited February 12, 2014 by ericy

[canadian_wife 1,791]

Stay away from 'ceremonies' overseas. Too many denials because the CO thinks it was a marriage. Why not simply marry overseas then, if you want to have a 'ceremony'?

Good luck

[Harpa Timsah 13,258]

Thanks for clarifying. Another reason why we didn't prefer K-1 was the fact that both of our parents are overseas, and it'd be quite difficult to fly them over for the wedding, let alone having them in photos. Would it not be wise to opt for K-1 in this case, or could we have the wedding ceremony overseas and marry here in the States?

I could, however, fly overseas to get married with her along with our family members and file CR-1 once I come back, but reading http://www.visajourney.com/content/i130guide1 , how will we be able to provide evidence of the marriage other than the certificate & photos?

Thank you all so much for your responses.

Okay, if you don't want to get married in the US then K-1 isn't for you.

Photos are fine enough evidence for newlyweds.

[ericy 0]

We're open to either option as our intention is simply to be together without traveling back and forth and spend time apart. We've made a joint decision to build a life here in the States, and we're just exploring our options because we don't want to be mistakenly seen as a fraud and want to be as prepared as possible.

Our main concern was that if we get married here, we'd only have my friends in the photos, and I wasn't sure if this would jeopardize her application, hence the mentioning of the 2nd option with CR-1. But if I understand you correctly, this won't be a concern?

[Harpa Timsah 13,258]

You can marry anywhere in the world you like (as long as it is legal in that place). Then you can file for a CR-1 visa. If you file the same day you get married, USCIS will understand that you don't have a lot of evidence of a joint life.

If you get a K-1 visa to marry in the US and immigrate thereafter, then you don't need to show any proof of a bona fide marriage for your Greencard application. (The fiance visa gets you in the US to marry, then you marry and file for a Greencard from within the US).

[ericy 0]

I see. In that case, together with the shorter processing time, K-1 seems to be a better option for us.

I see that different processing centers have different processing times with CSC & TSC being the shortest for NOA2. I live in NYC, can I file to any of the service centers, or is there a particular one that I must file to?

Edited February 12, 2014 by ericy

[Harpa Timsah 13,258]

You don't have a choice of where to file. You will send it to the Texas Lockbox and it will be sorted from there.

You will have to show a bona fide relationship for the K-1 visa, but that can be phone records, cards, photos from trips together, etc. This is all dependent on your embassy so it's helpful to fill out your profile with the country.

Edited February 12, 2014 by Harpa Timsah

[NigeriaorBust 4,087]

One option for a K1 ( faster ) is to file the K1, when you get it she comes here and you do a little tiny thing at court to be married not a fancy wedding, file for AOS with EAD/AP when the AP comes go have that wedding party with the parents in what ever country you choose.

[ericy 0]

Thank you for the pointers, Harpa. I've just updated my fiancee's country. We should have no issues providing proof our relationship with chat records, photos, itineraries, etc. Will these be examined both here & the foreign embassy?

You don't have a choice of where to file. You will send it to the Texas Lockbox and it will be sorted from there.

You will have to show a bona fide relationship for the K-1 visa, but that can be phone records, cards, photos from trips together, etc. This is all dependent on your embassy so it's helpful to fill out your profile with the country.

Thanks for your input, NigeriaorBust.

One option for a K1 ( faster ) is to file the K1, when you get it she comes here and you do a little tiny thing at court to be married not a fancy wedding, file for AOS with EAD/AP when the AP comes go have that wedding party with the parents in what ever country you choose.

[raven52 233]

This is just my opinion, but why would people opt for a 1-2 year I-130, when K-1's are going in just a few months?

I know, most of the time, it is for "family and friends" benefits, but get your K-1, then marry here in the US, (officially) and then have another ceremony in the home country, of the incoming person.

Just to me it is an easy decision, just get your evidence ready as this site tells you to do so, go K-1, then the AOS, is a walk in the park, if you have all your paperwork in order.,.,., DO YOU WANT, 1-2 years, or about 6 months (avg.).,,., its up to you!