Is the k-1 visa the best path to take in this relationship?

[Doodling Hitman 2]

Hello,

 

My name is Pieter and my future wife's name is Kimberly.  😄

We came in contact through our art hobby back in December 2017 and January 2018. We started talking a lot and I was super eager to meet her in real life. So I did, in September 2018. I stayed for 3 months in the US with her, and we had a blast together. Now She's staying here in the Netherlands with me for 7 weeks but sadly has to leave tomorrow again. All this separation between us is heart breaking, and we just want to move in together already. We have plans on how we want to do things, but since this whole visa stuff is quite complicated, I just want to make sure we're making the right choices. We do want to live in the US. I don't mind moving. I currently live in the Netherlands. That's where I was born.

 

Now, my boss also has experience in this area and is giving me advice. He also referred me to this website. 

 

Our plan was for us to get married in the US, and then me applying for a green card afterwards so I can stay in the US and don't have to leave.

 

There's just a lot of questions I have with that, and I am not sure where to go with all these questions. I would need to know whether I can just continue my job as a storyboard artist while married or applying for a green card. I work from home, so I should be able to as far as I know. I'd be staying with my girlfriend (at that time she'd be my lovely wife) and just work from her home while my green card is being processed.

 

Where can I find answers to these type of questions? Is this forum the correct place for that? If not, I do apologize. We're just new to all this.

[yuna628 9,528]

9 minutes ago, Doodling Hitman said:

Hello,

 

My name is Pieter and my future wife's name is Kimberly.  😄

We came in contact through our art hobby back in December 2017 and January 2018. We started talking a lot and I was super eager to meet her in real life. So I did, in September 2018. I stayed for 3 months in the US with her, and we had a blast together. Now She's staying here in the Netherlands with me for 7 weeks but sadly has to leave tomorrow again. All this separation between us is heart breaking, and we just want to move in together already. We have plans on how we want to do things, but since this whole visa stuff is quite complicated, I just want to make sure we're making the right choices. We do want to live in the US. I don't mind moving. I currently live in the Netherlands. That's where I was born.

 

Now, my boss also has experience in this area and is giving me advice. He also referred me to this website. 

 

Our plan was for us to get married in the US, and then me applying for a green card afterwards so I can stay in the US and don't have to leave.

 

There's just a lot of questions I have with that, and I am not sure where to go with all these questions. I would need to know whether I can just continue my job as a storyboard artist while married or applying for a green card. I work from home, so I should be able to as far as I know. I'd be staying with my girlfriend (at that time she'd be my lovely wife) and just work from her home while my green card is being processed.

 

Where can I find answers to these type of questions? Is this forum the correct place for that? If not, I do apologize. We're just new to all this.

Entering the US with the intent to marry and remain is immigration fraud. You also are not allowed to work unless authorized. Your options would be as follows:

 

Marry in the US and return home, apply for a spousal visa or have your fiancé come to you and marry them in your own country and then file. You may visit each other during this time, and while it is a long time for the visa to finish you will have a green card by the end of it and can work pretty immediately.

 

You can apply for a K1 fiancé visa, it is taking longer these days but slightly shorter than a spousal visa. The drawback is that, once approved and you marry, while you can remain in the US with your spouse and apply for adjustment of status (green card) with temporary work and travel documents... you will still not be authorized to work until your temporary documents arrive. This is taking significantly longer than it used to be (well beyond 90 days). Your spouse must bear the costs of the additional financial burden it will place upon them. Health insurance costs must also be considered.

 

Each has pros and cons. Some prefer spousal visas, and some do not.

Edited February 14, 2019 by yuna628

[C90 376]

11 minutes ago, Doodling Hitman said:

Hello,

 

My name is Pieter and my future wife's name is Kimberly.  😄

We came in contact through our art hobby back in December 2017 and January 2018. We started talking a lot and I was super eager to meet her in real life. So I did, in September 2018. I stayed for 3 months in the US with her, and we had a blast together. Now She's staying here in the Netherlands with me for 7 weeks but sadly has to leave tomorrow again. All this separation between us is heart breaking, and we just want to move in together already. We have plans on how we want to do things, but since this whole visa stuff is quite complicated, I just want to make sure we're making the right choices. We do want to live in the US. I don't mind moving. I currently live in the Netherlands. That's where I was born.

 

Now, my boss also has experience in this area and is giving me advice. He also referred me to this website. 

 

Our plan was for us to get married in the US, and then me applying for a green card afterwards so I can stay in the US and don't have to leave.

 

There's just a lot of questions I have with that, and I am not sure where to go with all these questions. I would need to know whether I can just continue my job as a storyboard artist while married or applying for a green card. I work from home, so I should be able to as far as I know. I'd be staying with my girlfriend (at that time she'd be my lovely wife) and just work from her home while my green card is being processed.

 

Where can I find answers to these type of questions? Is this forum the correct place for that? If not, I do apologize. We're just new to all this.

If you are going to travel on an ESTA with the intent to marry that's visa fraud and can get you in a lot of trouble sooner or later so no, that's not an option.

 

You can do K1 what means you apply before you get married (currently the processing time is somewhere between 9-11 months from applying to visa in hand). Once you come to the US you have to get married within 90 days and then apply to adjust your status, apply for a work permit and apply for a travel permit. You can't work for about 4-6 months and working from the US for a company in the Netherlands is a gray area, but the chances are the officer who does the GC interview thinks you're inadmissible cause you violated the terms of the K1 visa.

 

You could go for CR-1 what means you apply after you get married, it takes about 12-15 months, but you would get your GC right away. Keep in mind, for this visa you need A LOT of evidence, where for the K1 you just need evidence of meeting in the last 2 years.

 

With both visas you have to wait the time out in the Netherlands, but you can visit her on an ESTA while waiting (don't overstay your ESTA!)

Edited February 14, 2019 by C90

[Doodling Hitman 2]

8 minutes ago, yuna628 said:

Entering the US with the intent to marry and remain is immigration fraud. You also are not allowed to work unless authorized. Your options would be as follows:

 

Marry in the US and return home, apply for a spousal visa or have your fiancé come to you and marry them in your own country and then file. You may visit each other during this time, and while it is a long time for the visa to finish you will have a green card by the end of it and can work pretty immediately.

 

You can apply for a K1 fiancé visa, it is taking longer these days but slightly shorter than a spousal visa. The drawback is that, once approved and you marry, while you can remain in the US with your spouse and apply for adjustment of status (green card) with temporary work and travel documents... you will still not be authorized to work until your temporary documents arrive. This is taking significantly longer than it used to be (well beyond 90 days). Your spouse must bear the costs of the additional financial burden it will place upon them. Health insurance costs must also be considered.

 

Each has pros and cons. Some prefer spousal visas, and some do not.

We do know that we have to file a certain visa before marriage. We just want to make sure we choose the correct ones so we don't create any problems with the law. 

 

Thanks for the info though! Well appreciated! I am leaning towards the spousal visa then since having all papers ready at the end would be much more convenient.

[Greenbaum 12,258]

24 minutes ago, Doodling Hitman said:

Hello,

 

My name is Pieter and my future wife's name is Kimberly.  😄
 

 

Here is a quick comparison between the I-130 (CR1)and the I-129f (K1)

 

K-1

More expensive than CR-1    

Requires Adjustment of Status after marriage (expensive and requires a lot of paperwork)    

Spouse cannot leave the US until she/he receives approved Advance Parole (approx. 5-6 months)    

Spouse cannot 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    

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. 

My Final Analysis:  If you can marry your fiancé outside the US, CR-1 is a much, much better option

[Doodling Hitman 2]

11 minutes ago, C90 said:

If you are going to travel on an ESTA with the intent to marry that's visa fraud and can get you in a lot of trouble sooner or later so no, that's not an option.

 

You can do K1 what means you apply before you get married (currently the processing time is somewhere between 9-11 months from applying to visa in hand). Once you come to the US you have to get married within 90 days and then apply to adjust your status, apply for a work permit and apply for a travel permit. You can't work for about 4-6 months and working from the US for a company in the Netherlands is a gray area, but the chances are the officer who does the GC interview thinks you're inadmissible cause you violated the terms of the K1 visa.

 

You could go for CR-1 what means you apply after you get married, it takes about 12-15 months, but you would get your GC right away. Keep in mind, for this visa you need A LOT of evidence, where for the K1 you just need evidence of meeting in the last 2 years.

 

With both visas you have to wait the time out in the Netherlands, but you can visit her on an ESTA while waiting (don't overstay your ESTA!)

We were not going to marry with only having an ESTA. I do have an ESTA though, but that was merely for meeting my girlfriend in the US. It's strange how I wouldn't be allowed to work though.. But I guess I can just stay in the Netherlands at first while that gets processed? Also, I work for an American company. I work from home though.

[Doodling Hitman 2]

3 minutes ago, Greenbaum said:

Here is a quick comparison between the I-130 (CR1)and the I-129f (K1)

 

K-1

More expensive than CR-1    

Requires Adjustment of Status after marriage (expensive and requires a lot of paperwork)    

Spouse cannot leave the US until she/he receives approved Advance Parole (approx. 5-6 months)    

Spouse cannot 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    

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. 

My Final Analysis:  If you can marry your fiancé outside the US, CR-1 is a much, much better option

The CR-1 option sounds like a way better option for us then. We could plan a wedding in the Netherlands and then apply for the CR-1.

[C90 376]

27 minutes ago, Doodling Hitman said:

We were not going to marry with only having an ESTA. I do have an ESTA though, but that was merely for meeting my girlfriend in the US. It's strange how I wouldn't be allowed to work though.. But I guess I can just stay in the Netherlands at first while that gets processed? Also, I work for an American company. I work from home though.

You have to wait for both visas in the Netherlands. If you go the CR-1 route you'll be able to work the moment you enter the country. If you go the K1 route you can't work until your EAD or GC gets approved, whichever comes faster. EAD takes about 4-6 months to process, GC would be based on your local office. But like you mentioned above, if work is very important to you then the CR-1 would prob be a better option.

[Doodling Hitman 2]

Just now, C90 said:

You have to wait for both visas in the Netherlands. If you go the CR-1 route you'll be able to work the moment you enter the country. If you go the K1 route you can't work until your EAD or GC gets approved, whichever comes faster. EAD takes about 4-6 months to process, GC would be based on your local office. But like you mentioned above, if work is very important to you then the CR-1 would prob be a better option.

Hmm.. CR-1 would be best then, but we're kinda doubting if the US would be the best place for us. US is expensive to live in. The Netherlands might be a way better place to live in. She would like to move her too, but the only thing that is a hassle is getting her pets to my country. She's got 2 cats, an excotic bird and 2 smaller birds and a turtle. But that might be a better choice for us. Living in the Netherlands.

[C90 376]

5 minutes ago, Doodling Hitman said:

Hmm.. CR-1 would be best then, but we're kinda doubting if the US would be the best place for us. US is expensive to live in. The Netherlands might be a way better place to live in. She would like to move her too, but the only thing that is a hassle is getting her pets to my country. She's got 2 cats, an excotic bird and 2 smaller birds and a turtle. But that might be a better choice for us. Living in the Netherlands.

An ex-coworker of mine in the Netherlands brought his US wife to the Netherlands and let me tell you, its a lot easier. You don't have to get married (you can but you don't have to), you only have to make minimum wage and I think the process takes about 3 months. She can stay in the Netherlands while her verblijfsvergunning is being processed. This was a few years ago tho and this is only from what I've heard from him, but I would encourage you to do some research.

 

There are special companies that fly animals over, the only thing you should look into is what they need to be cleared to come into the Netherlands, but tons of people have brought their pet(s) over to the US or the Netherlands, so if that's your biggest concern you should be good  

[yuna628 9,528]

32 minutes ago, Doodling Hitman said:

We were not going to marry with only having an ESTA. I do have an ESTA though, but that was merely for meeting my girlfriend in the US. It's strange how I wouldn't be allowed to work though.. But I guess I can just stay in the Netherlands at first while that gets processed? Also, I work for an American company. I work from home though.

Just to clarify it is not against the law to marry your fiancé while visiting. Plenty of people do that. You would certainly need to disclose it upon entry and take plenty of evidence as to returning home. It's just not acceptable to enter with the intent to marry and stay.

 

Regardless of if you choose a K1 or a spousal visa, you may continue to visit, and any potential denial at entry will not affect your visa process. The US is very big into not working unless authorized, as obviously working while illegally present in this country is one of the big issues of the day. From experience, I brought my husband here on a K1. Marriage in the UK wasn't an option for us. Things were a little different then regarding wait times (a K1 was much faster than a spousal visa), however due to circumstances the length of time it took was just as long as it is now. The long wait was annoying for us, but my husband continued to work and save money in his own country which helped significantly. That savings came extremely handy during the wait for adjustment. We didn't mind the long wait at the time for the green card, as temporary work documents (EAD) came much faster than they do now. However, having an EAD is no guarantee that work will be found immediately depending on everyone's individual circumstances. This was our case, and it wasn't until he received his green card that job offers really came in. In hindsight the K1 did work for us, but I might not take that same path now.

[Doodling Hitman 2]

12 minutes ago, C90 said:

An ex-coworker of mine in the Netherlands brought his US wife to the Netherlands and let me tell you, its a lot easier. You don't have to get married (you can but you don't have to), you only have to make minimum wage and I think the process takes about 3 months. She can stay in the Netherlands while her verblijfsvergunning is being processed. This was a few years ago tho and this is only from what I've heard from him, but I would encourage you to do some research.

 

There are special companies that fly animals over, the only thing you should look into is what they need to be cleared to come into the Netherlands, but tons of people have brought their pet(s) over to the US or the Netherlands, so if that's your biggest concern you should be good  

This is extremely good news! This is what I think would be best for us then. Way quicker too. Thank you so much! I will definitely research this more. 

[Soup Dragon 104]

3 hours ago, C90 said:

If you are going to travel on an ESTA with the intent to marry that's visa fraud and can get you in a lot of trouble sooner or later so no, that's not an option.

 

You can do K1 what means you apply before you get married (currently the processing time is somewhere between 9-11 months from applying to visa in hand). Once you come to the US you have to get married within 90 days and then apply to adjust your status, apply for a work permit and apply for a travel permit. You can't work for about 4-6 months and working from the US for a company in the Netherlands is a gray area, but the chances are the officer who does the GC interview thinks you're inadmissible cause you violated the terms of the K1 visa.

 

You could go for CR-1 what means you apply after you get married, it takes about 12-15 months, but you would get your GC right away. Keep in mind, for this visa you need A LOT of evidence, where for the K1 you just need evidence of meeting in the last 2 years.

 

With both visas you have to wait the time out in the Netherlands, but you can visit her on an ESTA while waiting (don't overstay your ESTA!)

Perfectly fine to enter the US with an ESTA with the intention of marrying.  People do destination weddings all the time.    Visa fraud is marrying with the intention of remaining in the US after the wedding.      They can get married in the US, he will have to return home and wait out the CR1 process in the Netherlands

[Cultclassic92 10]

Me and my husband met on Facebook and I visited a few times on ESTA. When it came to us wanting to progress further, we went the K-1 route and then Adjustment of Status. It is not a good idea to come over on a tourist visa with the intent to marry, some people have done it, but it is not recommended as USCIS will see straight through that. The other option is of course as mentioned above the CR-1. Best of luck!

[carmel34 3,529]

4 hours ago, Doodling Hitman said:

This is extremely good news! This is what I think would be best for us then. Way quicker too. Thank you so much! I will definitely research this more. 

If you can be together in 3 months, live together in the Netherlands, you could always file for a CR-1 later if you get married and want to move to the US.  If you do that, you could be living together while you wait the 14-16 months for the visa.  And do research on DCF (Direct Consular Filing) for the CR-1, to see if it is available from the Netherlands.  If it is, it is much faster than regular CR-1 through USCIS, although your US citizen spouse would have to be a legal resident of the Netherlands for six months.  So after living together in the Netherlands for at least six months, you could do DCF for the CR-1 later if it is available for you.  Good luck!