Understanding Immigration to U.S. already married abroad

[MayaMishka 1]

Hi everyone,

I am a U.S. Citizen and married a British Citizen in March 2017.
Currently we are in Europe traveling.

I am just learning about the process of being able to freely live in the U.S. together, and look forward to quickly getting the right applications submitted.

It appears we have three scenarios according to this site. http://www.nolo.com/legal-encyclopedia/green-card-sponsoring-fiance-spouse-29026.html

 

They are #2 #3 or # 6

 

Scenario #2: Immigrant is living overseas and married: U.S. spouse is a U.S. citizen living in the United States.
Average time -
One to six months or longer to get a Form I-130 visa petition (Petition for Alien Relative) approved by USCIS; another three to six months or longer to get an immigrant visa to come to the United States.
Summary of the Process -- The U.S. citizen starts the process by filing a Form I-130 with a USCIS lockbox in Phoenix or Chicago (depending on where the U.S. citizen lives). Once it's approved, the immigrant submits a visa application form online and submits documents to the National Visa Center (NVC). When the NVC is satisfied that all documents are available, it sends the file to the U.S. consulate in the immigrant’s home country. An interview at the consulate will be scheduled, soon after which the immigrant spouse should be approved for an immigrant visa (and then a green card when he or she gets to the United States).
The “K-3” visa option. U.S. immigration laws provide the possibility of obtaining a temporary visa (called a “K-3”) for the immigrant spouse to come to the United States while the application process for permanent resident status is happening. Theoretically, this could reunite you and your spouse sooner, since getting a K-3 visa should not take as long as it takes to get an immigrant visa. Unfortunately, currently you will find that if you file a petition for K-3 classification on Form I-129F at the same time as or after your I-130 (as you must), USCIS will not act on your K-3 petition. Rather, it will hold your K-3 petition and just work on your I-130. When it approves your I-130, your spouse can start applying for a visa. Because your spouse can apply for the immigrant visa, there is no longer any need (and indeed, under the law, no way) to apply for a K-3 visa.

 

Scenario #3: Immigrant is living overseas and married: U.S. spouse is a U.S. citizen living overseas with the immigrant.
Average time -- Potentially a bit shorter than Scenario #2.
Summary of the Process -- Check with your local consulate -- it may allow the entire immigrant visa application process to be done through its office.

 

Scenario #6: Immigrant is living in the United States after a legal entry (a visa or visa waiver, regardless of whether the expiration has passed), and married: U.S. spouse is a U.S. citizen living in the United States.
Average time -- Six months to a year.
Summary of the Process -- The U.S. citizen and immigrant prepare a packet of documents, including a Form I-130 and an "adjustment of status" application on Form I-485, and submit it all at once to USCIS. The immigrant will be called in to a local USCIS office for fingerprinting, and later for an interview, at which the green card should be approved.

------------------------------------------------------------------
Questions:
Which one of these would keep us together and would be the least expensive?

It appears in Scenario #2 (without K-3 Visa) he would have to stay out of the country. Can I stay out of the country with him? Or do I have to be in the U.S.? 
In  Scenario 3, does "living overseas" count as traveling? As we have been traveling and I do not hold residency here, currently we are in Spain. 
Scenario #6 It says this is possible for him to enter the U.S. and then apply with the right paperwork? I thought entering like this on the premise of a visiting visa and then applying to stay is "visa fraud"... how could Scenario 6 be even possible?

 

Which one of these would keep us together? With which one of these would we be able to come and leave the U.S. while the process is happening?

 

Thank you so much, and really appreciate any input and guidance. 

[Crazy Cat 45,361]

4 minutes ago, MayaMishka said:

Scenario #6: Immigrant is living in the United States after a legal entry (a visa or visa waiver, regardless of whether the expiration has passed), and married: U.S. spouse is a U.S. citizen living in the United States.

# 6 does not apply to you......the immigrant is not living inside the US..

[Cyberfx1024 7,980]

Situation #2 would be the best bet for you and it is called the CR-1/IR-1 visa depending on if you have been married more than 2 years. It is taking roughly about a year right now for this process until completion. Scenario #3 is if you are in a country that allows you to do what's called a DCF or Direct Consular Filing, but you have to be a valid resident of that country. 

 

Scenario #6 is considered Fraud because she came in to the country with the intention of adjusting status and thus is not allowed. 

[Jhonny 472]

1 minute ago, cyberfx1024 said:

Situation #2 would be the best bet for you and it is called the CR-1/IR-1 visa depending on if you have been married more than 2 years. It is taking roughly about a year right now for this process until completion. Scenario #3 is if you are in a country that allows you to do what's called a DCF or Direct Consular Filing, but you have to be a valid resident of that country. 

 

Scenario #6 is considered Fraud because she came in to the country with the intention of adjusting status and thus is not allowed. 

But Hold one, reading this, one question...

Visa CR1 can be requested for marriages under 2 years too right?

[Cyberfx1024 7,980]

Just now, Jhonny said:

But Hold one, reading this, one question...

Visa CR1 can be requested for marriages under 2 years too right?

Yes the CR-1 is for marriages UNDER 2 years, while the IR-1 is for marriages ABOVE 2 years. 

[Jhonny 472]

Just now, cyberfx1024 said:

Yes the CR-1 is for marriages UNDER 2 years, while the IR-1 is for marriages ABOVE 2 years. 

You scared me!!!!!! 

[Cyberfx1024 7,980]

17 minutes ago, MayaMishka said:

Hi everyone,

I am a U.S. Citizen and married a British Citizen in March 2017.
Currently we are in Europe traveling.

I am just learning about the process of being able to freely live in the U.S. together, and look forward to quickly getting the right applications submitted.

It appears we have three scenarios according to this site. http://www.nolo.com/legal-encyclopedia/green-card-sponsoring-fiance-spouse-29026.html

 

They are #2 #3 or # 6

 

Scenario #2: Immigrant is living overseas and married: U.S. spouse is a U.S. citizen living in the United States.
Average time -
One to six months or longer to get a Form I-130 visa petition (Petition for Alien Relative) approved by USCIS; another three to six months or longer to get an immigrant visa to come to the United States.
Summary of the Process -- The U.S. citizen starts the process by filing a Form I-130 with a USCIS lockbox in Phoenix or Chicago (depending on where the U.S. citizen lives). Once it's approved, the immigrant submits a visa application form online and submits documents to the National Visa Center (NVC). When the NVC is satisfied that all documents are available, it sends the file to the U.S. consulate in the immigrant’s home country. An interview at the consulate will be scheduled, soon after which the immigrant spouse should be approved for an immigrant visa (and then a green card when he or she gets to the United States).
The “K-3” visa option. U.S. immigration laws provide the possibility of obtaining a temporary visa (called a “K-3”) for the immigrant spouse to come to the United States while the application process for permanent resident status is happening. Theoretically, this could reunite you and your spouse sooner, since getting a K-3 visa should not take as long as it takes to get an immigrant visa. Unfortunately, currently you will find that if you file a petition for K-3 classification on Form I-129F at the same time as or after your I-130 (as you must), USCIS will not act on your K-3 petition. Rather, it will hold your K-3 petition and just work on your I-130. When it approves your I-130, your spouse can start applying for a visa. Because your spouse can apply for the immigrant visa, there is no longer any need (and indeed, under the law, no way) to apply for a K-3 visa.

 

Scenario #3: Immigrant is living overseas and married: U.S. spouse is a U.S. citizen living overseas with the immigrant.
Average time -- Potentially a bit shorter than Scenario #2.
Summary of the Process -- Check with your local consulate -- it may allow the entire immigrant visa application process to be done through its office.

 

Scenario #6: Immigrant is living in the United States after a legal entry (a visa or visa waiver, regardless of whether the expiration has passed), and married: U.S. spouse is a U.S. citizen living in the United States.
Average time -- Six months to a year.
Summary of the Process -- The U.S. citizen and immigrant prepare a packet of documents, including a Form I-130 and an "adjustment of status" application on Form I-485, and submit it all at once to USCIS. The immigrant will be called in to a local USCIS office for fingerprinting, and later for an interview, at which the green card should be approved.

------------------------------------------------------------------
Questions:
Which one of these would keep us together and would be the least expensive?

It appears in Scenario #2 (without K-3 Visa) he would have to stay out of the country. Can I stay out of the country with him? Or do I have to be in the U.S.? 
In  Scenario 3, does "living overseas" count as traveling? As we have been traveling and I do not hold residency here, currently we are in Spain. 
Scenario #6 It says this is possible for him to enter the U.S. and then apply with the right paperwork? I thought entering like this on the premise of a visiting visa and then applying to stay is "visa fraud"... how could Scenario 6 be even possible?

 

Which one of these would keep us together? With which one of these would we be able to come and leave the U.S. while the process is happening?

 

Thank you so much, and really appreciate any input and guidance. 

What country is he from? If he has VWP priveledges then he can come visit you and vice versa. Just be advised that he may be scrutinized when he comes into the country because they may think he has immigration intent. 

2 minutes ago, Jhonny said:

You scared me!!!!!! 

I apologize

 

Edited August 24, 2017 by cyberfx1024

[Jhonny 472]

Just now, cyberfx1024 said:

What country is he from? If he has VWP priveledges then he can come visit you and vice versa. Just be advised that he may be scrutinized when he comes into the country because they may think he has immigration intent. 

I apologize

 

Don't worry, just clearing, for me and other that may have the same doubt!!! Don't sorry...

[csk2b1 44]

7 minutes ago, cyberfx1024 said:

What country is he from? If he has VWP priveledges then he can come visit you and vice versa. Just be advised that he may be scrutinized when he comes into the country because they may think he has immigration intent. 

 

The U.K. 

[Cyberfx1024 7,980]

8 hours ago, csk2b1 said:

The U.K. 

Since he is from the UK he can come to the USA using the Visa Waiver Process(VWP) to visit but he would have to return back to the UK and he can not stay here permanently until the CR-1/IR-1 process is complete.

[MayaMishka 1]

On 8/24/2017 at 9:12 PM, missileman said:

# 6 does not apply to you......the immigrant is not living inside the US..

What if hypothetically, him and I flew there in 2 months. and started living there, rented/bought a place etc. Then apply .. that would be illegal, is that correct?

[MayaMishka 1]

On 8/24/2017 at 9:15 PM, cyberfx1024 said:

Situation #2 would be the best bet for you and it is called the CR-1/IR-1 visa depending on if you have been married more than 2 years. It is taking roughly about a year right now for this process until completion. Scenario #3 is if you are in a country that allows you to do what's called a DCF or Direct Consular Filing, but you have to be a valid resident of that country. 

 

Scenario #6 is considered Fraud because she came in to the country with the intention of adjusting status and thus is not allowed. 

Ok I see.

With #2 , CR-1/IR-1 visa process would he be able to travel in and out of the country? Can he stay in the U.S. during the process? Or Can we both be out of the country during the process? In other words... Does it matter where I am? Does it matter if I am in the U.S.? Can I stay out of the country with him ?

#3 wouldn't work then because we aren't residence here in Spain. He is British.

 

Why would they list #6 on that website, if it is fraud? How strange. http://www.nolo.com/legal-encyclopedia/green-card-sponsoring-fiance-spouse-29026.html

 

Thank you do much for your help!

 

 

 

[MayaMishka 1]

On 8/25/2017 at 6:03 AM, cyberfx1024 said:

Since he is from the UK he can come to the USA using the Visa Waiver Process(VWP) to visit but he would have to return back to the UK and he can not stay here permanently until the CR-1/IR-1 process is complete.

Ok, can you please clear this up for me/confirm it.... so he can come back and forth during the CR-1 process (multiple times) through the VWP?

 

This is so helpful!

[Penguin_ie 6,002]

3 hours ago, MayaMishka said:

What if hypothetically, him and I flew there in 2 months. and started living there, rented/bought a place etc. Then apply .. that would be illegal, is that correct?

Yes it would be, and could lead to a Lifetime Ban from the USA.  You CANNOT enter the USA on the VWP/ a tourist visa with the intention of starting to live here, it is illegal and visa fraud.  

*Moderator hat on*
Visajourney does not endorse, advice on, or support illegal immigration so let's drop this part of the discussion here.

 

 

2 hours ago, MayaMishka said:

Ok, can you please clear this up for me/confirm it.... so he can come back and forth during the CR-1 process (multiple times) through the VWP?

 

Yes absolutely, just be sure to not do anything illegal, such as overstay however long you are given (usually 90 days at a time on the VWP- book return flight for day 88 in case of travel delays), working in the USA etc.

[MayaMishka 1]

 

23 hours ago, Penguin_ie said:

Yes it would be, and could lead to a Lifetime Ban from the USA.  You CANNOT enter the USA on the VWP/ a tourist visa with the intention of starting to live here, it is illegal and visa fraud.  

*Moderator hat on*
Visajourney does not endorse, advice on, or support illegal immigration so let's drop this part of the discussion here.

 

 

 

Yes absolutely, just be sure to not do anything illegal, such as overstay however long you are given (usually 90 days at a time on the VWP- book return flight for day 88 in case of travel delays), working in the USA etc.

Hi again,

 

okay I paid for an online immigration lawyer and asked him some questions.. and one of the things he said  was this.

 

2) The CR-1 visa (or IR-1 if your marriage is more than 2 years old)
takes also around 9 months (making the K-3 almost obsolete). The I-130
is the form that is needed to start this process. But once he enters
the U.S., he enters as a Resident and he does not have to file (or pay
for) an I-485 nor does he have to attend an additional interview. He
just gets his green card in the mail a few weeks later.

So the K-3 might be a little faster but generally more expensive. The
CR-1 (and IR-1) might be a little slower, but generally cheaper. And
no, there is no middle-visa that he can use to enter the U.S. while
that process is pending. He will most likely have to wait outside.

 

 

----

 

Why do you say that my husband can visit on visiting visa during process? When the lawyer said he will most likely have to wait outside of country? ( I wrote to the lawyer before I joined the forum.) Thank you so much for clarifying.

 

During the CR-1 do I have to physically come into an office in the U.S. in person to file his paperwork? Or can I be traveling and send it in through the mail? Is there anything I have to do physically (in the U.S.) while the process is happening during the 9 months? Any interviews during the process? Is he notified ahead of time when he needs to fly in for any interviews he may need to do?
 

Thank you so much for your time, I really appreciate it.