Can we (USC/Spaniard) stay together ... by moving to Chile?

[Esponjoso 26]

Hi! I’ve been reading lots here, trying to figure things out before making this, my first post (please tell me if I've done something the wrong way!). Here’s my situation:

 

I am a USC and have dual citizenship with an EU country. My domicile is in the US, but my work is location independent: I can work anywhere. I have a house, car, extended family, etc. in the US. I also have a high income, so must think carefully about taxation.

 

My fiancée is a Spanish citizen. She (we are a same-sex couple) will be completing her Ph.D. before the end of the year. She is planning on an academic/teaching/research career but is open to whatever opportunities arise.

 

We have been living and traveling together this year to avoid overstaying either of our allowed times in various countries. Yes, I can live and work in the EU on that passport, but I don’t want to pay taxes in another country if I can avoid it. We have been in 6 countries so far this year, and it would be very nice to be able to stay somewhere for more than a month or two at a time!

 

Our first priority is staying together. Second concern is my fiancée’s ability to work wherever we are. But, I can afford to sponsor my fiancée’s entry to the US and support her if she is unable to work for a time while things are processing.

 

We are taking photos and keeping records for the proof of relationship. We have met each other’s families, friends, etc..

 

So, the questions:

 

1: When should we get married? As soon as possible? As far as I can tell, the K-1 visa has no significant benefit, so it is better to just go for the CR-1.

 

2: How can we stay together as much as possible without overrunning my 90 days in Spain, her 90 days in the US, or 90 days basically anywhere? Or my 182 within a year in any particular country?

 

3: We will be talking with an immigration lawyer in the US soon. Anyone have suggestions for good ones?

 

The plan:

 

Currently, the best idea we’ve come up with sounds a bit daft, but may work (we will, of course, be running it by immigration and tax lawyers). The idea is to move to Chile and stay there together while all the US papers are being filed. We’ve been in Chile together before. My fiancée has work contacts in Santiago and has a reasonable expectation of getting a one or two year postdoc position there. Chile has exceptionally easy immigration and favorable tax laws. Since all of my income would be from sources in the US, I would be exempt from Chilean taxes for the first three years. I assume that it is reasonable to think that my fiancée can get a green card within three years? I know DCF is not an option in Chile, so the paperwork would all be done via mail. Because my domicile is in Montana, I believe the papers will be processed in the Nebraska facility, which seems to have slightly better processing speeds than some of the others. The Santiago consulate seems pretty chill and low-traffic from what I’ve read. Appointment wait times are not too long.

 

Or, am I barking up the wrong tree altogether here, and my fiancée should try to get entry on her academic qualifications + a job offer?

 

Thanks for reading! Ideas? Comments? Questions? Hints?

[britishandusa 446]

CR-1 will take 13-15 months to process. I'm not so sure about your plan with Chile. As far as I am aware, your fiancee's interview will take place wherever your fiance is legally resided. 

[Jeanne Adil 1,651]

you are correct in the CR1 as it seems clearly the best way to go for most of us here

you need a US residency and like you know to have filed US tax returns for work in and outside the US

I may be wrong but after filing the CR1 she will not be able (or could be turned away at POE) to enter the US

you can marry any where just be sure to have several originals for immigration and for things in the USA

be sure to give USCIS a good email ID to send notices to you as u intend to move a lot

your financee will also need a criminal report from each country she has lived in more than 6 months 

[EM_Vandaveer 2,368]

58 minutes ago, adil-rafa said:

you are correct in the CR1 as it seems clearly the best way to go for most of us here

you need a US residency and like you know to have filed US tax returns for work in and outside the US

I may be wrong but after filing the CR1 she will not be able (or could be turned away at POE) to enter the US

you can marry any where just be sure to have several originals for immigration and for things in the USA

be sure to give USCIS a good email ID to send notices to you as u intend to move a lot

your financee will also need a criminal report from each country she has lived in more than 6 months 

She can enter the US with a pending I-130 as long as she can convince the CBP officer that she's not trying to stay DURING THAT TRIP. This might be problematic given their nomadic lifestyle.

[Iscir 295]

You can marry anytime. The sooner you marry, the sooner you can file the I-130. Also, you don't really need a lawyer for this process unless your case is complicated. There are many guides here and if you have particular questions about the forms or anything, people will help you here

 

About immigrating to Chile, this year they changed immigration laws so it is not as easy as it used to be. I don't know how long it takes to get visas to immigrate here, but you should check that if you haven't, maybe the wait is too long and then it would not be worth it. 

[mushroomspore 3,043]

53 minutes ago, Esponjoso said:

 

So, the questions:

 

1: When should we get married? As soon as possible? As far as I can tell, the K-1 visa has no significant benefit, so it is better to just go for the CR-1.

 

2: How can we stay together as much as possible without overrunning my 90 days in Spain, her 90 days in the US, or 90 days basically anywhere? Or my 182 within a year in any particular country?

 

3: We will be talking with an immigration lawyer in the US soon. Anyone have suggestions for good ones?

 

Or, am I barking up the wrong tree altogether here, and my fiancée should try to get entry on her academic qualifications + a job offer?

1. Doesn't really matter when. CR1 is definitely the better choice. Fiancée will be a GC holder immediately upon arrival.

 

2. This is the tricky part. There isn't really a way unless you go for this whole plan of moving to a different country together. However, to be honest, it sounds really convoluted and unnecessary to me, especially since the end goal is for you guys to be in the US together. Would be a different story if you weren't sure if you wanted to be in the US. CR1 only takes 12ish-15ish months. You could get married the very next time you see her and start the CR1 process if you want. I said this in a different thread earlier: the processing time is nothing compared to the grand scheme of a marriage that will hopefully last your entire lives. Yes, it sucks to be apart and not be able to live together right away. But the immigration process demands that sacrifice since you are not already living together abroad. If the only real benefit you are really receiving from Chile is the ability to live together immediately, it is not really worth it to pursue, in my opinion. As the other poster said above, it could actually complicate the process since your fiancée is not a Chilean resident or citizen. 

 

3. Don't have rec's but this website has a CR1 guide (click "guides" on the top bar). If your fiancée has no criminal history or bad strikes against her in her immigration history, I would say a lawyer is unnecessary. Many people DIY it if they have a clean record.

 

4. If a foreigner has an American significant other, it's better for them to pursue marriage than employment-based immigration. The employment category is very strict with lots of regulation and highly competitive. Not all work visas are the same and not all necessarily lead to a green card either. Marriage is still the simplest, most efficient way to obtain a green card.

 

[GingerDino 28]

We’re in a similar boat. Be aware that you’ll face more difficulties than non-LGBT couples, particularly on legal matters. If you can find a way to stay in Chile for 12-15 months, go ahead. Your legitimate reason for living in Chile would be your fiancée’s employment. Maintain your residence in Montana and make sure there would be someone receiving mail for you, because that would be your primary address in I-130. 

 

I do not recommend hiring an immigration lawyer, but if you do, make sure it’s a good one who you’ll be able to work with for over a year. Personally, we’ve been having a hellish time working with ours. You shouldn’t have any problem as long as you follow the guides. The whole process is a waiting game.

 

Lastly, make sure you have as many “joint” evidences as possible, such as joint lease or joint bank account. Add your fiancée as a beneficiary in your bank accounts. Prepare police clearance reports from every country you and your fiancée have legally resided for over six months (not as a temporary visitor). Normally each report is valid for six months, so you will need to apply again once your i-130 is approved. Good luck.

[Esponjoso 26]

On 9/25/2018 at 1:35 AM, britishandusa said:

CR-1 will take 13-15 months to process. I'm not so sure about your plan with Chile. As far as I am aware, your fiancee's interview will take place wherever your fiance is legally resided. 

 

Yes, the plan is to wait to file until we were legally residing in Chile and have a (semi)permanent address there. We expect to be there 2-3 years while all the US paperwork is underway.

[Esponjoso 26]

On 9/25/2018 at 2:59 AM, Iscir said:

About immigrating to Chile, this year they changed immigration laws so it is not as easy as it used to be. I don't know how long it takes to get visas to immigrate here, but you should check that if you haven't, maybe the wait is too long and then it would not be worth it. 

 

I have read up on the changes and believe that, with my income and savings, Chilean immigration would not be a problem. The "retirement and periodic income" Te-6 visa should be easy to qualify for. My fiancée can then apply for a work permit when she finds a job offer. I am planning on consulting with an immigration lawyer in Chile, but everything I've read says that it is possible to get a temporary resident visa while in Chile during the timespan of the 90 tourist visa/90 day extension.

[pushbrk 12,106]

On 9/24/2018 at 6:43 PM, adil-rafa said:

 

I may be wrong but after filing the CR1 she will not be able (or could be turned away at POE) to enter the US

 

You ARE wrong.  There's a whole pinned thread discussing this at the top of this forum.

[pushbrk 12,106]

10 hours ago, Esponjoso said:

 

Yes, the plan is to wait to file until we were legally residing in Chile and have a (semi)permanent address there. We expect to be there 2-3 years while all the US paperwork is underway.

Having a semi permanent address is good but you need not be legal residents.  She can always interview for the visa in her country of citizenship.  To interview in Chile, she would need legal status, work visa etc. to interview in Santiago, but not to file the petition.  Where the interview will be, is not decided for certain until 8 to 12 months AFTER filing the petition.

 

For professional assistance, maybe start here.  https://www.visajourney.com/partners/

Edited September 28, 2018 by pushbrk

[hm139 55]

Though immigration laws did change, it's still not that hard to get set up in Chile, especially as Spanish/English speaking professionals. (If you're from Haiti and/or you have limited education it could be a different story.) Keep in mind Chile is still pretty homophobic, though I imagine it's similar to Spain. You should be OK in Santiago. Your partner can enter Chile on a tourist visa and look for work. That is not illegal the way it is in the US. Then with a job offer in hand she can adjust her status. You can do the same or you can apply as her spouse, not sure how that one works as I haven't personally done it. To marry in Chile you need a Chilean ID card which takes a few months to get with the work visa. As far as I know, tourists can't marry but I suppose I could be wrong about that one. I think your plan is pretty solid.

 

Editing because I have more to say on the topic. If y'all move to Chile, be prepared to have a joint sponsor in the US. Also be prepared to not have a ton of disposable income unless one of you is a top executive. The main reason I moved back to the US during the immigration visa process, even though it meant being separated from my husband for more than a year, was because despite having a good job and a good income in Chile it just wasn't enough. One round-trip plane ticket back to the US can be a month's salary in Chile.

 

Also I just realized I think you can enter into a civil union in Chile but not a marriage. Don't know about Spain. I would suggest marrying in the US (but make sure your partner doesn't overstay the ESTA). 

Edited September 29, 2018 by hm139

[Elrona 101]

We kind of have done the same thing. We have stayed in New Zealand for 4-5 months during the CR-1 process and before/after New Zealand I have visited my husband in US but never overstaying the 90 day ESTA limit. We still have to spend some months apart when I am back in Estonia but traveling between three countries is a lot easier than having to be separate the whole processing time.

 

And just throwing it out, would you be able to use any countries (Australia, New Zealand, Canada come to mind) Working Holiday Visa? They're usually up to one year so you could stay this whole time in one place together. It might be harder for you to not go over the 182 limit but maybe its an idea to think about.

[JFH 12,189]

On 9/24/2018 at 4:01 PM, Esponjoso said:

Because my domicile is in Montana, I believe the papers will be processed in the Nebraska facility, which seems to have slightly better processing speeds than some of the others.

State of residence has no bearing whatsoever on the service center that handles the petition. 

 

If you are sending from overseas with an overseas address you will send to the Chicago lockbox and they will send to any of the designated service centers. It is totally random where your petition ends up. Don’t read anything into processing times. Each case is different. The processing times are very broad and cover a multitude of scenarios. 

 

To my mind, the simplest option would be to take up residency in an EU country that offers DCF. It’ll be faster than the whole Chile business. The U.K. has tax treaties with the USA to avoid double taxation for most so that needn’t be a concern. 

 

And if you do end up being apart for a while, well...it won’t kill you. Most of us are living proof of that. And I can assure you I don’t love my husband any less than you love your fiancée. It’s not ideal but it is survivable. 

Edited September 30, 2018 by JFH

[Ryan H 3,790]

23 hours ago, JFH said:

an EU country that offers DCF

 

The only EU country where DCF is available is Italia.  DCF is also available in the UK (which is not exactly EU).