Fiance or Spouse Visa

[CM86 0]

Hi all,

 

Myself and my partner are looking for some advice regarding our best options for getting a way to live in the US together legally.

 

Me: 31, Male, British Citizenship, currently living in UK.

Partner: 28, Female, American & Egyptian Citizen. Born in America and lived there from 0-4 & 10-21, lived in Egypt the last 7 years and currently living there.

 

We have been together 2 years now, I spent a year in Egypt with her and moved back to the UK to save some money so we can pay for visas etc to come to the UK/US, we have finally decided on the US.

 

We have been looking at the options and it appears we could apply for k1 visa, go to the states and get married OR get married in Egypt and apply for a spouse visa.

 

My main question is regarding the location of where she can apply from? Can she apply for both of those visa types from the US embassy in Cairo or does she have to go back to the US, re-establish herself as domiciled there and apply from there? I think the main issue is her domicile status in the US.

 

Any advice would be greatly appreciated.

 

Cheers

 

[usmsbow 795]

1. Why get married in Egypt? For family reasons? Why not in the UK? I don't know the marriage requirements in Egypt, but I can't imagine it is that easy for a foreigner to be legally married to an Egyptian. 

2. She can apply from anywhere, but she'd send the K-1 application (I-129f form) to the USCIS lockbox in TX. She'd have to use an address in the US though. She will also have to have a US-based income or sufficient assets. If she doesn't, she'll have to find a co-sponsor for the K-1. 

3. The US Embassy in Cairo will have no role in your process regardless of which visa you decide to go for since you do not reside in Egypt. The more relevant embassy is London, since you're a UK citizen living in the UK. 

 

 

[CM86 0]

27 minutes ago, usmsbow said:

1. Why get married in Egypt? For family reasons? Why not in the UK? I don't know the marriage requirements in Egypt, but I can't imagine it is that easy for a foreigner to be legally married to an Egyptian. 

2. She can apply from anywhere, but she'd send the K-1 application (I-129f form) to the USCIS lockbox in TX. She'd have to use an address in the US though. She will also have to have a US-based income or sufficient assets. If she doesn't, she'll have to find a co-sponsor for the K-1. 

3. The US Embassy in Cairo will have no role in your process regardless of which visa you decide to go for since you do not reside in Egypt. The more relevant embassy is London, since you're a UK citizen living in the UK

No real reason to get married in Egypt except she is there now. We could get married in the UK also although I think we need a visa to do so, but I can look into that.

 

So she can send the application from Egypt, I can do all my part from the UK at the US embassy in London and there shouldn't be any issue with the fact she hasn't been in the US for 7 years?

 

We would plan for her either to be back in the US before I come or we would go back together, depending on the visa we apply for and if this is possible.

 

[usmsbow 795]

4 hours ago, CM86 said:

 

So she can send the application from Egypt, I can do all my part from the UK at the US embassy in London and there shouldn't be any issue with the fact she hasn't been in the US for 7 years?

 

No issue as long as you make it clear that you two will be moving to the USA, and that she uses a US address on the application and has a co-sponsor for the I-134 (document you bring to the interview showing her income and/or assets). 

[NikLR 13,220]

Compare the k1 and cr1 and see which is best for both of you.  K1 is faster to visa but much longer to green card.  You will have about 4 months of not being able to work or travel outside the USA.  

Sponsorship and domicile are also issues for her. Does she have friends or family in the USA willing to sign the I-864 if needed? How will you live? Where? Etc...

I honestly feel the CR1 is a superior visa despite the fact that you have to live apart and it takes about 14 months to obtain at current. 

[CM86 0]

2 hours ago, NikLR said:

Compare the k1 and cr1 and see which is best for both of you.  K1 is faster to visa but much longer to green card.  You will have about 4 months of not being able to work or travel outside the USA.  

Sponsorship and domicile are also issues for her. Does she have friends or family in the USA willing to sign the I-864 if needed? How will you live? Where? Etc...

I honestly feel the CR1 is a superior visa despite the fact that you have to live apart and it takes about 14 months to obtain at current. 

Thank you for your response. We are currently trying to weigh everything up and find the best route for us. We have a family member of hers currently in the US who would be willing to sponsor me. We would be staying close to her family.

 

Can we start the process for CR1 from abroad? If so, can she return to the US approx 7-8 months into it? Will this have any effect on it? Can I travel back with her on VWP and stay for 2 weeks to get her settled in then return and wait it out until it comes through? I would have a job and house etc in the UK to show border agents that I intend to return to the UK. 

[NikLR 13,220]

Yes you can start the CR1 process from abroad.