Red Flags?

[LaPerdida 0]

Hello!

 

First of all: thank you SO much to everyone. This site has been beyond useful, like literally there is no words to explain how much easier is making this scary process. I am here with the first of, probably many, questions.  I should start by explaining a little bit about my relationship with my fiance: We met 19 months ago in the US while I was on a student visa (I'm from Chile). We started dating, at least informally, about a week after I got there. We spent 3 months there, then he came to Chile for 5 months, left, a month later I returned to the states on another work visa (stayed 4 months) then 4 months later he came back and has been here ever since. I am a girl and he is older than me by 8 years, (24 and 32). As far as bona fide evidence we have pictures, emails, boarding passes, passport stamps and plane tickets. We have proof that we worked at the same place 2 years in a row as well. We don't have kids or joint property (We are both broke students ). We dont share the same religion but we are not religious at all. I speak good english and his spanish is quite basic. I have met his entire family and he has met mine. I have never applied for an immigrant visa, i have however visited the states 3 times: 1 on a tourist visa and 2 with the work visa (j1) and have never overstayed.  I have a distant cousin or two living in the states but I honestly don't even know their names, let alone where they live or have any type of relationship. 

 

 

We had many talks about how our future would look like, as we have been in a serious relationship for almost 2 years and have lived together for a lot of that time. We always discussed how we wanted to wait to get engaged until we had been together for at least a year. Well he proposed on Valentine's day and I said yes. My question is as follows: we want to immigrate as soon as possible as it is very hard for us to live here in Chile considering his spanish is very basic so work opportunities are hard to come by. Our relationship is very real (We all the ugly and nice things that involves ) . Would it be considered a red flag to marry 3 months after the engagement took place? We plan on getting married here in Chile May 14th. How long after that could we file the i 130? I know we could file for it as soon as we have the marriage certificate, but we were wondering if that would look shady, as if our marriage took place only to be able to immigrate. Although that is not the case, it is true that we would probably wait more time to marry if we weren't looking to immigrate. 

 

So to sum up my question is: Do you guys think 3 months is a very short engagement? (considering long courtship before). Do you think that sending the i-130 packet about a week after the wedding would be a red flag? (I would have to of course start preparing it pretty much right now) Does the description of our relationship show any red flags to you? (like age religion or no joint property)

 

Thanks!

[Dashinka 24,591]

First of all welcome to the community.  Personally, I do not think a short engagement after a couple of years together in a relationship is really a big red flag.  Also, I don't think filing for the CR1 soon after marriage will be a big issue as it will take a year or so for USCIS to process it.  However you mentioned you are both broke students, so does you husband have the means to financially support the two of you, or does he have a sponsor he can rely on?  Is he able to show a domicile in the US if the visa is issued.

 

To sum up, I don't think this will raise a lot of red flags as you can prove a long term relationship, but make sure you research all the items he will need to provide for the CR1 application process.

 

Good Luck!

[LaPerdida 0]

5 minutes ago, Bill & Katya said:

First of all welcome to the community.  Personally, I do not think a short engagement after a couple of years together in a relationship is really a big red flag.  Also, I don't think filing for the CR1 soon after marriage will be a big issue as it will take a year or so for USCIS to process it.  However you mentioned you are both broke students, so does you husband have the means to financially support the two of you, or does he have a sponsor he can rely on?  Is he able to show a domicile in the US if the visa is issued.

 

To sum up, I don't think this will raise a lot of red flags as you can prove a long term relationship, but make sure you research all the items he will need to provide for the CR1 application process.

 

Good Luck!

 

Hi there Katya (Or Bill). Thanks for the reply and for the welcome. We figured since it will indeed take a year or so to be processed that we would get started as soon as possible. He does not have the means to financially support the two of us by the standards, so we have already discussed it with his father and he agreed to be the co-sponsor (he makes enough to cover 125% of the poverty line for 3 people -considering himself, his wife and me-.

 

Regarding domicile we are a little scared. He has maintained a US bank account and his drivers license is still valid but is expiring in November. He was worked in the US and filled taxes for the last 3 years but sold his car and gave up his lease to come here. He has never lived outside the US until he met me. He was in Chile during the elections and didn't vote. Do you think this is enough? 

[JFH 12,190]

Welcome!

 

Sonce being engaged is not a legal status, there is no way to measure the length of an engagement and it is not relevant. Many couples don't even "get engaged". We didn't have a formal transition from dating to engaged - we both gradually realized over time that we wanted to be together forever but there was no big proposal or ring or anything. It won't even be asked on the paperwork you must complete. 

 

Your situation as you have described here does not have any red flags. My husband is 8 years older than me also. That's not a huge gap nowadays. There are couples here with 30 and 40 years between them. Although your relationship had been faster than others to marriage, every couple and every situation is different. You have spent a lot more time together than most international couples. My husband and I had never spent more than 2 weeks together before I emigrated in December. 

 

The question of religion isn't really an issue for you. It's only a red flag where the couple has conflicting views on matters of day to day life. My husband and I don't believe in organized religion but we follow the same beliefs and have the same views on matters. 

 

Timescales only really become a problem when someone marries very quickly after a divorce, marries after a very short time together in person (e.g meet for the first time on Wednesday and get married on Saturday) or if they get married shortly after a previous unrelated visa denial or overstay (e.g denied for a student visa in June and then married and filing a spousal petition in July). 

 

There is no problem with filing the petition immediately after marriage. 

 

For what it's worth, I met my current husband whilst still legally married (although not living with) my previous husband. We were married 13 months after my divorce was finalized. We are 8 years apart in age. We were approved with no issues and I have been living here with him since December of last year. 

 

Good luck! 

[Amshep 0]

haha your name is very funny .

Religion is only a red flag when it represent a deep cultural difference (That does not apply in this case).

But about filling the I-130 a week after the wedding I doubt you will be able, remember that you need to send the marriage certificate with the forms and the rest of the evidence in that first package. Usually it takes more than a week to get that marriage certificate.

 

 

[LaPerdida 0]

31 minutes ago, JFH said:

Timescales only really become a problem when someone marries very quickly after a divorce, marries after a very short time together in person (e.g meet for the first time on Wednesday and get married on Saturday)

Oh dear! It took me about 2 months to accept his invitation to leave my pajamas at his house haha. I understand what you mean, thank you so much for your help and reassurance

 

9 minutes ago, Amshep said:

haha your name is very funny .

 

 

 Well I am usually very lost haha

[laulholley 28]

I am just curious as to why you've decided not to do a K-1 visa, as they are usually processed much faster? Admittedly I do not have any experience with that visa...

[Unlockable 7,315]

4 hours ago, laulholley said:

I am just curious as to why you've decided not to do a K-1 visa, as they are usually processed much faster? Admittedly I do not have any experience with that visa...

Some people look at the pros and cons of the K1 and decide against it. Speed is the only advantage the K1 has over the Cr1. We did a K1 and if we had to do it over again we would do the CR1. In fact, I have advised others to do the CR1 as well. 

[jakelake 222]

6 hours ago, laulholley said:

I am just curious as to why you've decided not to do a K-1 visa, as they are usually processed much faster? Admittedly I do not have any experience with that visa...

If you have no experience with the K-1 Visa route, then why did you suggest it?

[laulholley 28]

35 minutes ago, jakelake said:

If you have no experience with the K-1 Visa route, then why did you suggest it?

Um... how did I suggest it? I asked why she chose not to go that route, and NuestraUnion gave a great answer as to why CR1 is preferable

[LaPerdida 0]

16 hours ago, laulholley said:

I am just curious as to why you've decided not to do a K-1 visa, as they are usually processed much faster? Admittedly I do not have any experience with that visa...

 

Our main motivation to go the CR1 route is the cost. I understand the K1 is almost twice as expensive, and would also force me to be unemployed for -at least- 90 days before even being able to apply for a work permit. By going with the CR1it is cheaper and

 I don't have to stop working. I have recently started building my career and I would hate to stop it for about 5 months (Not to mention i cant afford to). This is my impression though. Maybe I'm mistaken. 

 

 

12 hours ago, NuestraUnion said:

Some people look at the pros and cons of the K1 and decide against it. Speed is the only advantage the K1 has over the Cr1. We did a K1 and if we had to do it over again we would do the CR1. In fact, I have advised others to do the CR1 as well. 

NuestraUnion, could you please elaborate on why you would recommend doing CR1 over K1? I want to make sure we are making the right choice

 

Thanks to everyone for their input

 

[Unlockable 7,315]

32 minutes ago, LaPerdida said:

 

NuestraUnion, could you please elaborate on why you would recommend doing CR1 over K1? I want to make sure we are making the right choice

 

Thanks to everyone for their input

 

Absolutely.

 

The CR1 is a lot cheaper first and foremost. And the beneficiary don't have to worry about adjusting status after they enter the US, which can be stressful in itself. It seems like after the beneficiary arrives to the US and marry, they are back into the immigration hustle and bustle of sending fees, documents, waiting, sending evidence, going to appointments (biometrics), waiting, and going to another interview (note: not all AOS have interviews).

 

But the biggest downside for us was the wait for my wife's work authorization. This is a woman who has always held a job all of her adult life and was about to go crazy for the nearly 3 months of sitting around all day while I was at work. No amount of cable TV remedied the frustration, boredom, and depression she experienced. And I admit there were a few times the frustration was projected at me.

 

Even when she got homesick we couldn't even take a quick trip back to her home country to see her family and make her feel better because she didn't have her travel authorization documents. But as soon as she received her GC she took a trip back home a week later and it helped a lot. 

 

Fortunately, my wife was able to obtain a temporary driver's license (it expired on her I94 date) so she was able to go places like the grocery store and such. But we have seen here that some places they will not issue a license unless the beneficiary has a green card in hand.

 

So if you add in the extra cost of the K1 and  the Adjustment of Status process, not being able to work, travel, nor possibly drive for months after arriving in the US... the few months of coming to the US earlier isn't worth it. 

 

With a CR1, an immigrate is able to work, get a license, and even travel back home from the first day they enter the US.

[Gretch 11]

No problem. My husband was legally divorced only a month before we were married (had been separated for a couple of years) and I filed the I-130 a month after that (as others have said, it takes time to get all the proper documentation together). We had known each other 11 months and had been a couple for 9 months when we got married. None of that seemed to be an issue at all. I think religious differences mostly come up these days as an issue when a Muslim is marrying a non-Muslim, because that's generally frowned upon on both sides if people are sincere in their religion and in their desire for legitimate marriage. If you're both from more or less Christian backgrounds (as most people in both Chile and the US are), or Christian and Jewish, no one is likely to blink an eye. As others have said, an eight year difference isn't a big one, especially when the man is older than the woman.

 

I also don't think your husband's reported "lack of ties" to the US will create any problems. And no one here cares if a person voted or not. He should probably go back and renew his driver's license if possible, though! (Depending on the state, may be able to do it without leaving Chile.) Not for immigration purposes, just practicality. Make sure he follows the tax laws for expatriates, too. It's good that your future FIL has agreed to be co-sponsor but hopefully he makes well above the minimum--people have run into trouble when it's too close.

[MrHanky 1,377]

I was only engaged for a month before we did the civil ceremony and we sent out the paper work a day after that.

I'm sure It's assumed because of the circumstances in or situations some things move faster than others.