Some advice

[zherrera 0]

Hello guys,

about 10 years ago I met an amazing guy  in Mexico. Despite being so far away and young, we’ve always shared a connection. we both just recently turned 19 and wanna start a life together in the US. We are not married. We have no criminal background and no kids. Im a US citizen. I also have a ton of photos/evidence of us together these past 10 years. My question is this, would it be better to get married in mexico and then file? To be honest im not sure what that form is called? OR file the I-129f and then get married here in the US?  I also know Im going to need a co-sponsor ($$) because I alone dont meet the poverty line..another question is does the co-sponsor have to be part of my household?for example my mom? My parents are divorced and I really dont get along with my mom nor her husband that well and dont think she would sign the affidavit... 

 

[Just Paul 4,591]

The I-130 is for the spousal visa.   The main advantage is that he could work right away with that Visa.

 

You do not have to live with your co sponsor.  They don't have to be related either.

 

Look at the guides at the top of the site and see what makes best sense for you. 

[Going through 5,668]

18 minutes ago, zherrera said:

My question is this, would it be better to get married in mexico and then file? To be honest im not sure what that form is called? OR file the I-129f and then get married here in the US?

That's up to you...there are pros and cons to both the K1 fiancee visa and the CR-1 spouse visa, so research both processes well.  For example, If you want your (soon-to-be) spouse to be able to work immediately upon arrival to the US,  then get married (whether in Mexico or elsewhere) and file for the CR-1.   

 

20 minutes ago, zherrera said:

another question is does the co-sponsor have to be part of my household?

No, they don't have to be part of your household.

[John & Rose 7,237]

8 hours ago, zherrera said:

Hello guys,

about 10 years ago I met an amazing guy  in Mexico. Despite being so far away and young, we’ve always shared a connection. we both just recently turned 19 and wanna start a life together in the US. We are not married. We have no criminal background and no kids. Im a US citizen. I also have a ton of photos/evidence of us together these past 10 years. My question is this, would it be better to get married in mexico and then file? To be honest im not sure what that form is called? OR file the I-129f and then get married here in the US?  I also know Im going to need a co-sponsor ($$) because I alone dont meet the poverty line..another question is does the co-sponsor have to be part of my household?for example my mom? My parents are divorced and I really dont get along with my mom nor her husband that well and dont think she would sign the affidavit... 

 

K-1 vs CR-1 Full Analysis

 

K-1

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 (about 5-6 months)    

Spouse can not work until she/he receives EAD (about 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 10 to 12 months after Adjustment of Status is filed.

Estimated timeline is approximately 8 to 10 months (NOA1 to Interview)  This is officially quoted as 6 to 12 months.

 

K-1 Fees

$535 - USCIS Filing Fee

$265 per person - DS-160 (Visa Application)

$200 to $400 - Medical Fee

$1,225 per person - AOS Fee (Includes EAD/AP if filed together)

$750 per child under 14

$680 per person - ROC Fee

 

 

$2,705 plus medical (K-1)

$2,170 plus medical (K-2 over 14 years old)

$1,695 plus medical (K-2 14 years old and younger)

 

 

CR-1    

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 (LPR) status IMMEDIATELY upon entry to the United States

Estimated timeline is 10 to 12 months (NOA1 to Interview) This is officially quoted at 12 to 14 months.

 

CR-1 Fees

$535 - USCIS Filing Fee

$120 - Affidavit of Support Fee

$325 - DS-260 (Visa Application)

$200 to $400 - Medical Fee

$220 - USCIS Immigrant Fee

$680 - ROC (if married less than 2 years at POE)

 

$1,200 plus medical (per person if married more than 2 years when filing)

$1,880 plus medical (per person if married less than 2 years at POE)

 

 

A K-1 is more likely to be ultimately denied than a CR-1.

A refused K-1 with the petition being sent back will sit and die.

A refused CR-1/IR-1 with the petition being sent back can be reaffirmed and not refused again for the same reason if based upon the same evidence.

If concerned about the CO's evaluation of the relationship, then a spousal visa would be an optimal path.

 

Also, certain crimes can be an issue with an I-129F, but only very few crimes are an issue for an I-130 (e.g. AWA).

 

[Ryan H 3,790]

Moved from IR-1/CR-1 Progress Reports to What Visa Do I Need - Family Based Immigration forum.