What would be the best path to follow?

[Dutch1969 1]

Greetings,

 

 

Please allow me to explain my situation to you: In 1999, I met in Mexico a female from the USA, even after returning from vacation, we continued dating, resulting us getting married in The Netherlands in 2001, after which she applied for my K3 visa. In May 2002, the USCIS granted me a K3 visa and I entered the USA via the Port oif San Fransisco (Airport). Unfortunately I found my (then) wife cheating on me with her hairdresser. We seperated and I fsent her the documents for divorce. In March 2009, I met a gorgeous female in WA, we dated and in May 2010 she and her son (3yrs at that time) moved in together. After visiting the Netherlands in 2014 for the wedding of my sister (I gave her away), my son (stepson) didnt want to return back to the USA. After long talking, we decided that we would move to the Netherlands to try life out there.   We live now in the Netherlands. My wife (sinds May 2018, as we got married in Guam) and son (14yrs) are US citizens and both are status holders in the Netherlands. I can be honest and say that we are home sick. Our son has difficulties at school and my wife cannot get usesd to the weather.  Currently I am the only one that is working. My wife has no income in the USA, so she can therefore not apply for my visa. She does have a daughter who stated that her husband and her are willing to sponsor. But I would like to ask you what Visa would be the best and fastest way for us to go?   Thank you so much for your time,   God Bless

[Ann&James 179]

Just now, Dutch1969 said:

Greetings,

 

 

Please allow me to explain my situation to you: In 1999, I met in Mexico a female from the USA, even after returning from vacation, we continued dating, resulting us getting married in The Netherlands in 2001, after which she applied for my K3 visa. In May 2002, the USCIS granted me a K3 visa and I entered the USA via the Port oif San Fransisco (Airport). Unfortunately I found my (then) wife cheating on me with her hairdresser. We seperated and I fsent her the documents for divorce. In March 2009, I met a gorgeous female in WA, we dated and in May 2010 she and her son (3yrs at that time) moved in together. After visiting the Netherlands in 2014 for the wedding of my sister (I gave her away), my son (stepson) didnt want to return back to the USA. After long talking, we decided that we would move to the Netherlands to try life out there.   We live now in the Netherlands. My wife (sinds May 2018, as we got married in Guam) and son (14yrs) are US citizens and both are status holders in the Netherlands. I can be honest and say that we are home sick. Our son has difficulties at school and my wife cannot get usesd to the weather.  Currently I am the only one that is working. My wife has no income in the USA, so she can therefore not apply for my visa. She does have a daughter who stated that her husband and her are willing to sponsor. But I would like to ask you what Visa would be the best and fastest way for us to go?   Thank you so much for your time,   God Bless

You have to apply for CR-1/IR-1 visa

[NikLR 13,220]

~~moved to IR1/CR1 process and procedures ~~

K3 are rarely granted anymore so dont waste your time there.  And you dont live in a country with a USCIS office.  You will start the CR1 process with an I-130 mailed to the Chicago lockbox.  

If you make sure you've been married for 2 years upon entry after acquiring your visa, you will recieve a 10 year green card and wont need to remove conditions.  Shouldnt be too hard considering spousal visas currently take 12-16 months.  

[Crazy Cat 39,222]

25 minutes ago, Dutch1969 said:

Currently I am the only one that is working. My wife has no income in the USA, so she can therefore not apply for my visa.

Your only option is the CR-1/IR-1 visa.  This web site has information regarding this visa in the "Guides" section.  Please be aware that even though your wife has no US income, she will be your primary sponsor.  Her daughter could serve as a joint sponsor.  Your wife will also have to demonstrate convincing intent to establish domicile in the US.  Unless you can do Direct Consular Fining there, the current processing time is 12-16 months........good luck.

[JFH 12,189]

54 minutes ago, Dutch1969 said:

my wife cannot get usesd to the weather. 
 

Is she from WA? I don’t know how long she has been out of the country but the weather here in WA is very similar to Northern Europe, in particular maritime areas such the British isles and the North Sea coastal countries. Maybe she’s forgotten what it’s like here or she’s hoping to move to Arizona. 

 

Since youve bern married for more than 2 years it’ll be an IR-1 unless you obtained citizenship whilst in the USA previously? It’ll take about a year for the whole process but your wife will need to demonstrate her intent to re-establish domicile in the USA. I assume she has been filing federal tax returns whilst living in the Netherlands? 

[Dutch1969 1]

Dear JFH,

She is originally from Guam (Pacific Islander), but we lived in the Pacific NorthWest from 2010 till 2015 together, to include that terrible winter where we had no power in the Lacey Area for almost a week.

We got married on May 31, 2018 in Guam (US Territory). She has the fullest intend to establish re-establish domicile in Texas as her daughter lives there. She has not filled taxes in the USA since she left, but that is something I will advise her to do ASAP.

Thank you

 

[Dashinka 23,242]

32 minutes ago, JFH said:

Is she from WA? I don’t know how long she has been out of the country but the weather here in WA is very similar to Northern Europe, in particular maritime areas such the British isles and the North Sea coastal countries. Maybe she’s forgotten what it’s like here or she’s hoping to move to Arizona. 

 

Since youve bern married for more than 2 years it’ll be an IR-1 unless you obtained citizenship whilst in the USA previously? It’ll take about a year for the whole process but your wife will need to demonstrate her intent to re-establish domicile in the USA. I assume she has been filing federal tax returns whilst living in the Netherlands? 

Actually, the OP stated they just got married in May 2018.  Regardless, a spousal visa I130 is their only option.

[Dutch1969 1]

1 hour ago, NikLR said:

~~moved to IR1/CR1 process and procedures ~~

K3 are rarely granted anymore so dont waste your time there.  And you dont live in a country with a USCIS office.  You will start the CR1 process with an I-130 mailed to the Chicago lockbox.  

If you make sure you've been married for 2 years upon entry after acquiring your visa, you will recieve a 10 year green card and wont need to remove conditions.  Shouldnt be too hard considering spousal visas currently take 12-16 months.  

Taking the 12-16months in consideration, then we would fall within the 2yr timeframe

[Russ&Caro 1,548]

This is just a colloquial terminology thing but women in the USA genenerally want to be referred to as women, not females.

[JFH 12,189]

1 hour ago, Bill & Katya said:

Actually, the OP stated they just got married in May 2018.  Regardless, a spousal visa I130 is their only option.

 Need new glasses! I read it as 2012. Or does my screen need cleaning?

[JFH 12,189]

1 hour ago, Dutch1969 said:

Dear JFH,

She is originally from Guam (Pacific Islander), but we lived in the Pacific NorthWest from 2010 till 2015 together, to include that terrible winter where we had no power in the Lacey Area for almost a week.

We got married on May 31, 2018 in Guam (US Territory). She has the fullest intend to establish re-establish domicile in Texas as her daughter lives there. She has not filled taxes in the USA since she left, but that is something I will advise her to do ASAP.

Thank you

 

No power for several days at a time is still a common feature in many parts of WA. We often have no power for 3 or 4 days here in the Cascades after a storm or even just a bit of snowfall. You need a gasoline generator here for those days. 

 

She is required by law to file a tax return every year, even if she doesn’t owe any tax. Unless she earns less than $10,000 a year. 

[Dutch1969 1]

59 minutes ago, Russ&Caro said:

This is just a colloquial terminology thing but women in the USA genenerally want to be referred to as women, not females.

Sorry, can not change it anymore. H.

[Dutch1969 1]

17 minutes ago, JFH said:

No power for several days at a time is still a common feature in many parts of WA. We often have no power for 3 or 4 days here in the Cascades after a storm or even just a bit of snowfall. You need a gasoline generator here for those days. 

 

She is required by law to file a tax return every year, even if she doesn’t owe any tax. Unless she earns less than $10,000 a year. 

She is making $ 0.00 a year.

[Crazy Cat 39,222]

3 minutes ago, Dutch1969 said:

She is making $ 0.00 a year.

Then she will need to explain that she didn't earn enough to file taxes.

[NikLR 13,220]

I dont understand how the lower 48 tend to not have power when Alaska and most of Canada managed just fine in incremental weather.  So confusing.