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WickedWorld

Need help choosing the right visa for my girlfriend.

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Hi,

 

I am a naturalized U.S. citizen living in Argentina for the past 5 years.

Me and my girlfriend (She is an Argentina citizen) want to move to the U.S., and I am a little confused about what will be our best option. From what I read the K1 visa is a little bit faster to process, but I'm not sure how it works when the citizen is living abroad.

I do, still have a banks accounts in the U.S., also have my daughter from a previous marriage living in TX.

Basically whats my best option K1 or CR1?

 

Appreciate any help.

 

Thanks

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Every couple has their own priorities, and each couple must decide which visa is better for their situation.

K-1
    Slightly faster arrival in the US (currently about 3 months sooner)    
    More expensive than CR-1    
    Requires Adjustment of Status after marriage (expensive and requires a lot of paperwork)    
    Spouse can not leave the US until she/he receives approved Advance Parole (approx 5-6 months)    
    Spouse can not work until she/he receives EAD (approx 5-6 months)    
    Some people have had problems with driver licenses, Social Security cards, leases, bank account during this period    
    Spouse will not receive Green Card for many months after Adjustment of Status is filed.

  

CR-1
    Slightly slower arrival in the US (currently about 3 months later)

    Less expensive than K-1    
    No Adjustment of Status(I-485, I-131, I-765) required.    
    Spouse can immediately travel outside the US    
    Spouse is authorized to work immediately upon arrival.    
    Spouse receives Social Security Card and Green Card within 2 or 3 weeks after entering the US    
    Opening a bank account, getting a driver's license, etc. are very easily accomplished with GC, SS card, and passport.

    Spouse has legal permanent Resident status IMMEDIATELY upon entry to US.
   


 


"Experience can be a tough teacher to those who fail to heed good advice"- Missileman, 12/6/18

"Only a fool would fail to heed the advice of someone who has walked in his shoes"- Missileman, 2/8/19

"What I am to be, I am NOW becoming"- Benjamin Franklin

First career- 20 year Retired E-8, USAF Missileer,

Second career-Retired Registered Nurse, experience in Labor& Delivery, Home Health, Adolescent & Adult Psych

Third career-Retired IT Developer & Database Administrator for surgical services dept.

 

Immigration Journey:

  • Texas Service Center after transfer from Nebraska
  • Consulate :Taipei, Taiwan
  • Marriage: 7/30/2015
  • I-130 NOA1 : 4/27/2016
  • I-130 Approved :9/8/2016
  • Case received at NVC: 10/11/2016                               
  • Case # and IIN#: 10/24/2016
  • AOS Fee Invoiced:10/24/2016  
  • AOS Fee Paid:10/25/2016
  • IV Fee Invoiced:10/24/2016  
  • IV Fee Paid:10/25/2016
  • DS-260 Completed: 10/28/16
  • Scan Date:11/9/2016
  • Supervisor review: 12/21/16 
  • Checklist: 1/13/17 
  • Case Complete: 4/10/17
  • Interview Date: 5/8/17 
  • Visa  "ISSUED": 5/10/17
  • Visa and Passport in hand/Flight to USA Booked!!!: 5/12/17  
  • POE Dallas DFW on June 22, 2017
  • SS Card received : 7/3/2017
  • 2-year Green Card received in mail: 7/15/17
 

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4 minutes ago, WickedWorld said:

Hi,

 

I am a naturalized U.S. citizen living in Argentina for the past 5 years.

Me and my girlfriend (She is an Argentina citizen) want to move to the U.S., and I am a little confused about what will be our best option. From what I read the K1 visa is a little bit faster to process, but I'm not sure how it works when the citizen is living abroad.

I do, still have a banks accounts in the U.S., also have my daughter from a previous marriage living in TX.

Basically whats my best option K1 or CR1?

 

Appreciate any help.

 

Thanks

There are no visas for girl/ boyfriends ... either K1 to bring a fiance into the US to marry within 90 days then adjust status... or get married and apply for CR/IR 1 spouse visa 

Both require the beneficiary to be living outside the US during the visa application.  Plenty of threads on here explaining the pros and cons of each,, do a search, read, read and read.. then come back with any questions 

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5 minutes ago, WickedWorld said:

Hi,

 

I am a naturalized U.S. citizen living in Argentina for the past 5 years.

Me and my girlfriend (She is an Argentina citizen) want to move to the U.S., and I am a little confused about what will be our best option. From what I read the K1 visa is a little bit faster to process, but I'm not sure how it works when the citizen is living abroad.

I do, still have a banks accounts in the U.S., also have my daughter from a previous marriage living in TX.

Basically whats my best option K1 or CR1?

 

Appreciate any help.

 

Thanks

Right now its k1 because you are not married.   CR1 definitely has its overall advantages over k1 but you need to understand the differences and make the personal decision 


YMMV

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Since I am too living in Argentina, my main concern is to meet all the requirements for approval.

I am aware of the differences between the two  visas. Only I couldn't find many cases were the petitioner and the beneficiary are both abroad.

 

With the K1 visa I will need to provide affidavit of support most likely since she won't be able to work for several months, and proof of domicile in the U.S. unless I move ahead and settle down first (which is not the idea)

On the other hand, we can get married here, and apply for the CR1. Not sure if I will also need affidavit of support and proof of U.S. domicile.

 

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14 minutes ago, WickedWorld said:

Since I am too living in Argentina, my main concern is to meet all the requirements for approval.

I am aware of the differences between the two  visas. Only I couldn't find many cases were the petitioner and the beneficiary are both abroad.

 

With the K1 visa I will need to provide affidavit of support most likely since she won't be able to work for several months, and proof of domicile in the U.S. unless I move ahead and settle down first (which is not the idea)

On the other hand, we can get married here, and apply for the CR1. Not sure if I will also need affidavit of support and proof of U.S. domicile.

 

In either case, you will need an affidavit of support for both K-1 and CR-1....You are the primary sponsor......If you can not meet the income requirements, then you will have to find a US based joint sponsor......and you will have to establish intent for US domicile for both K-1 and CR-1.

 

Even if you move back first, you will have to provide evidence of US domicile.

 

Edited by missileman

"Experience can be a tough teacher to those who fail to heed good advice"- Missileman, 12/6/18

"Only a fool would fail to heed the advice of someone who has walked in his shoes"- Missileman, 2/8/19

"What I am to be, I am NOW becoming"- Benjamin Franklin

First career- 20 year Retired E-8, USAF Missileer,

Second career-Retired Registered Nurse, experience in Labor& Delivery, Home Health, Adolescent & Adult Psych

Third career-Retired IT Developer & Database Administrator for surgical services dept.

 

Immigration Journey:

  • Texas Service Center after transfer from Nebraska
  • Consulate :Taipei, Taiwan
  • Marriage: 7/30/2015
  • I-130 NOA1 : 4/27/2016
  • I-130 Approved :9/8/2016
  • Case received at NVC: 10/11/2016                               
  • Case # and IIN#: 10/24/2016
  • AOS Fee Invoiced:10/24/2016  
  • AOS Fee Paid:10/25/2016
  • IV Fee Invoiced:10/24/2016  
  • IV Fee Paid:10/25/2016
  • DS-260 Completed: 10/28/16
  • Scan Date:11/9/2016
  • Supervisor review: 12/21/16 
  • Checklist: 1/13/17 
  • Case Complete: 4/10/17
  • Interview Date: 5/8/17 
  • Visa  "ISSUED": 5/10/17
  • Visa and Passport in hand/Flight to USA Booked!!!: 5/12/17  
  • POE Dallas DFW on June 22, 2017
  • SS Card received : 7/3/2017
  • 2-year Green Card received in mail: 7/15/17
 

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~~Moved to What Visa Do I Need, from K1 P&P - The OP has not started anything yet.~~


Spoiler

Met Playing Everquest in 2005
Engaged 9-15-2006
K-1 & 4 K-2'S
Filed 05-09-07
Interview 03-12-08
Visa received 04-21-08
Entry 05-06-08
Married 06-21-08
AOS X5
Filed 07-08-08
Cards Received01-22-09
Roc X5
Filed 10-17-10
Cards Received02-22-11
Citizenship
Filed 10-17-11
Interview 01-12-12
Oath 06-29-12

Citizenship for older 2 boys

Filed 03/08/2014

NOA/fee waiver 03/19/2014

Biometrics 04/15/14

Interview 05/29/14

In line for Oath 06/20/14

Oath 09/19/2014 We are all done! All USC no more USCIS

 

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Get marry and file for the CR-1 spousal visa.  The CR-1 spousal visa is your best option because overall it's cheaper and quicker than a K-1 fiancee visa which requires a second process called adjustment of status.

 

You will need to establish a US domicile or provide proof that you intend to establish one when your wife immigrates.

 

If you do not have the assets or income to meet the I-864 financial requirements, then you will need a Joint Sponsor.

 

Read the Guides.  Do your research.  And then come back if you have further questions.  

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18 hours ago, WickedWorld said:

Since I am too living in Argentina, my main concern is to meet all the requirements for approval.

I am aware of the differences between the two  visas. Only I couldn't find many cases were the petitioner and the beneficiary are both abroad.

 

With the K1 visa I will need to provide affidavit of support most likely since she won't be able to work for several months, and proof of domicile in the U.S. unless I move ahead and settle down first (which is not the idea)

On the other hand, we can get married here, and apply for the CR1. Not sure if I will also need affidavit of support and proof of U.S. domicile.

 

You will need to provide evidence that you earn sufficient US-source income or find a co-sponsor in the US.  You will also need to provide US income tax returns for the last three years because the US Government taxes all US citizens based on their earnings world-wide, regardless of where they live.  Have you been filing US tax returns with the IRS while you have been living in Argentina?  If not, you will have to file late returns.

Edited by carmel34
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