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

[kehills 217]

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.

To clarify: this does not mean you'll be together inside 6 months. There are still places to go, consulates to visit, after the service center. (Also, worth noting that just because the service center is running fast now is no guarantee it will continue running fast. Last year, our K-1 was processed at TSC in super-fast time; about three weeks later it turned into the morass it is now. So,...)

[Cwood81 0]

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.

Thank you for pointing this out. We are considering this. I think she really wants to leave her current job and may use the 90 days for other projects.

In your experience, did the CR-1 come out to be $903 in total fees after everything was finished as stated in the comparison chart?

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.

Thank you for this information. I will begin looking for a co-sponsor. I will also investigate further for the burdens and qualifications.

This will NEVER happen, but are there any repercussions for the co-sponsors for other things like if she were to commit a crime? Are there others besides financial burdens? I just want to let potential co-sponsor know everything they are getting into.

[mlh 93]

Thank you for pointing this out. We are considering this. I think she really wants to leave her current job and may use the 90 days for other projects.

In your experience, did the CR-1 come out to be $903 in total fees after everything was finished as stated in the comparison chart?

I can't say just yet. We are only 2 months into the process, so still waiting on NOA2. So far we've only had to pay the $420 to file the I-130.

[Cwood81 0]

To clarify: this does not mean you'll be together inside 6 months. There are still places to go, consulates to visit, after the service center. (Also, worth noting that just because the service center is running fast now is no guarantee it will continue running fast. Last year, our K-1 was processed at TSC in super-fast time; about three weeks later it turned into the morass it is now. So,...)

uff.... sorry to hear that. I'm starting to understand how big of an undertaking this all is.

Unfortunately I have to leave her in the middle of September which will mean being apart for awhile.

I've read that with a CR-1 Visa she wouldn't be able to enter the US while we are involved in the process of obtaining the visa. So if we wanted to see each other, I would have to return here or meet somewhere outside the US?

Is this the same for a K-1 Visa? A few months from now while everything is being processed, could she come visit me on a tourist visa?

[Cwood81 0]

I can't say just yet. We are only 2 months into the process, so still waiting on NOA2. So far we've only had to pay the $420 to file the I-130.

good luck and hang in there!

[mlh 93]

uff.... sorry to hear that. I'm starting to understand how big of an undertaking this all is.

Unfortunately I have to leave her in the middle of September which will mean being apart for awhile.

I've read that with a CR-1 Visa she wouldn't be able to enter the US while we are involved in the process of obtaining the visa. So if we wanted to see each other, I would have to return here or meet somewhere outside the US?

Is this the same for a K-1 Visa? A few months from now while everything is being processed, could she come visit me on a tourist visa?

She will be able to visit while you're going through the process, but being from Argentina she will need to apply for a B-2 visa, and when she visits she will have to show that she has ties to Argentina and reasons to go back and not stay illegally in the US. Here's a thread which also applies to CR-1, and a link to the B-2 process.

http://www.visajourney.com/forums/topic/67796-yes-you-can-visit/

http://travel.state.gov/content/visas/english/visit/visitor.html

[Cwood81 0]

She will be able to visit while you're going through the process, but being from Argentina she will need to apply for a B-2 visa, and when she visits she will have to show that she has ties to Argentina and reasons to go back and not stay illegally in the US. Here's a thread which also applies to CR-1, and a link to the B-2 process.

http://www.visajourney.com/forums/topic/67796-yes-you-can-visit/

http://travel.state.gov/content/visas/english/visit/visitor.html

Nice link. She went with me to the US last year. She used a Spanish passport to enter. I don't think there will be a need to get the B-2 visa.

[Cwood81 0]

Anyone know if a co-sponsor can be a US citizen who does not currently live in the US?

[Hypnos 6,576]

A sponsor or joint sponsor must be domiciled in the US. If abroad, they would need to show that the reason for this is temporary.

[NikLR 13,220]

Thank you for pointing this out. We are considering this. I think she really wants to leave her current job and may use the 90 days for other projects.

In your experience, did the CR-1 come out to be $903 in total fees after everything was finished as stated in the comparison chart?

This will NEVER happen, but are there any repercussions for the co-sponsors for other things like if she were to commit a crime? Are there others besides financial burdens? I just want to let potential co-sponsor know everything they are getting into.

No the only repercussions for a joint sponsor is if the beneficiary uses means tested benefits and if the main sponsor (petitioner) cannot pay.

No the CR1 is most than $903. That is just the payments to the USCIS and NVC. There is the cost of the medical (varies by country and doctor), of obtaining documents, mailing of forms (or use of courier services), travel expenses etc...

[Cwood81 0]

A sponsor or joint sponsor must be domiciled in the US. If abroad, they would need to show that the reason for this is temporary.

well there goes that plan! Thanks! Is there an FAQ or very informative thread about co-sponsors. I briefly looked yesterday and didn't find one.

No the only repercussions for a joint sponsor is if the beneficiary uses means tested benefits and if the main sponsor (petitioner) cannot pay.

No the CR1 is most than $903. That is just the payments to the USCIS and NVC. There is the cost of the medical (varies by country and doctor), of obtaining documents, mailing of forms (or use of courier services), travel expenses etc...

Good to know.

Just to be clear, first the financial responsibility would fall on me (even though for now I cannot show proper income) and then afterwards on the co-sponsor?

Thanks again everyone. If I would have created this thread 2 weeks ago you all would have saved me 5 headaches and some anxiety attacks.

[Hypnos 6,576]

Have you read through the I-864 instructions?

http://www.uscis.gov/sites/default/files/files/form/i-864instr.pdf

[Cwood81 0]

Another question, what kind of complications/problems/anything can arise if we proceed with a K-1 visa, and while we are going through the process, my girlfriend finds a job and the visa/work permit can be obtained through her work?

She recently informed me that an old boss said there were a couple of positions opening up now in LA and she has sent resumes and applied. Can I begin the paperwork (I-129) while she sorts this out and then abandon getting a K-1 if she gets hired or is it if we begin the work towards a K-1, that is the only way she will be able to immigrate?

Thank you!