Any US Citizen living outside of the USA with their partner and applying for the Fiancé Visa?

[Unlockable 7,306]

6 hours ago, ValeCali said:

oh fml. So what do people do while they can't work? 😳

Hi @ValeCali

 

Welcome to the forum.

 

It is true that the spousal visa (CR1) is a superior visa to the K1. Aaron2020 is correct in that most people who went through the  K1 wish they did the CR1. I am an example. My wife had always had a job since she was 16 before she moved here. Time she was here unable to work was one of the toughest times for her and our relationship. Some people have the ability to be able to preoccupy themselves during a lengthy period without wok. But if you enjoy working and contributing to the household, you should really reconsider the K1.

 

Another thing is that during your AOS period, you will not have your travel authority. So even if you are getting homesick and want to return home to feel better, you have to wait the same amount of time for the work authority, 4 - 6 months. And to make matters worse, we have been seeing reports that some DMV's are not issuing drivers licenses to K1 visas holders until they get their Green Crad or work authorization.

 

So think about... in a new country you are not familiar with, can't work, can't travel back home, and can't even drive for several months. This is why many people equate it to being in prison.

 

We don't know why so many people gravitate to the K1. It seems they get so focused on the "you get to the US faster" part and totally disregard or ignore the negatives.

 

Here is something else for you to consider. Since you are from Australia you should be able to visit the US with your VWP. So even after you are married and are going through the CR1 process, you can take short trips to see each other when during that time. No it is not the same as immediately starting your life together but it helps. In fact, you can still have the US wedding/honeymoon then go back to AUS and wait othe process.

 

If you are OK with being in the US for a few months without the ability to work, travel out of the US, or possible drive. Then you can get through the K1.

If not. You should consider the CR1 and visits to the US.

 

P.S. The CR1 is much cheaper in overall costs that the K1 also.

 

Best of luck to you!

[carmel34 3,529]

9 hours ago, ValeCali said:

I'm wondering if anyone else is applying for the Fiance Visa from outside of the USA? 

 

I am a US Citizen living in Australia (partners home country) with my partner.  We have been living together in Australia for over 2 years and we want to move to the USA on a Fiance visa.  Anyone else in a similar scenerio? 

 

One thing to keep in mind is you will need to show US-based income to qualify as a sponsor for your fiance or spouse.  Also US domicile or intent to establish US domicile so do some research on those issues as well.  You may have to move to the US before your fiance or spouse does to do this.  So there may be some time living apart.  You can file petitions from anywhere in the world, but later in the process you'll need to show US income or get a co-sponsor in the US.  Also you'll need to show your US tax returns for the past three years so if you have not filed while living in Australia you should file those previous years showing world-wide income if you have worked in Australia.  Read the forums and you'll learn a lot about all this stuff.  Good luck!

[Russ&Caro 1,548]

The advantages of the CR1 that people have expressed so far have generally been short term advantages, i.e. 6 to 24 months.

 

Here's a long term advantage to the CR1... he'll gain the opportunity to apply for citizenship about 1 year earlier because you won't have to go through the 1 year process of Adjustment of Status.

 

As a couple who have lived together in Australia, I'm guessing you have sort of an international outlook. That one year shortcut to citizenship can come in handy if you or your husband have an employment opportunity abroad in say 2023. Without citizenship, taking advantage of such an opportunity would probably result in the loss of a green card as he establishes residency outside the US.

 

EDIT: Just to be clear, he would qualify to apply for citizenship 3 years from the date of receiving a green card. If you go the k1 route, he probably won't receive a green card for about 2 years.

Edited March 22, 2019 by Russ&Caro

[nullaccount234 882]

I haven't read all the comments, but something else to consider is actually working on an EAD. When I did my research I thought EAD would be equivalent to a GC in terms of work authorization, because on paper, it is. When I came here and started interviewing, literally NO potential employers knew what an EAD was. And I'm not at all trying to say that I have been discriminated against, but it's not the best feeling to go through interview processes and continuously get asked a lot of questions about expiration dates, processing times, etc. 

 

It worked out well for me in the end, and applying for a job in a new country is going to be tough no matter if you have an EAD or a GC, but just prepare yourself for having to explain your case to HR if you have an EAD. The only reason my husband and I picked K1 was to be able to be together sooner - since that's not an issue for the two of you, I'd also recommend a spousal visa just like the others have. If you still want to do K1, at least look up the GC processing times in your intended area. In NYC they're 20-36 months currently.

[Crazy Cat 39,193]

16 hours ago, ValeCali said:

I'm wondering if anyone else is applying for the Fiance Visa from outside of the USA? 

 

I am a US Citizen living in Australia (partners home country) with my partner.  We have been living together in Australia for over 2 years and we want to move to the USA on a Fiance visa.  Anyone else in a similar scenerio? 

 

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.
   

 

[Ashley May 60]

I’m currently going through this with my finance, we are currently at the NVC stage of the process waiting for our petition to get sent to the embassy in London.

 

 He has been living in Europe due to work for 2 years and is getting ready to go back to America this week and I’ll join him when the visa is finished.

 

We are in a financial position with work and personal finances that we won’t need a sponsor for moving but it’s something to consider if he has been living abroad.

 

If you have any specific questions you can message me and I’ll see if I can be of assistance, as I said I haven’t officially finished the process yet but I’ve read up a lot on it. 

[David & Diana R 1,005]

16 hours ago, ValeCali said:

oh fml. So what do people do while they can't work? 😳

knit?

[Boiler 43,401]

8 minutes ago, Ashley May said:

I’m currently going through this with my finance, we are currently at the NVC stage of the process waiting for our petition to get sent to the embassy in London.

 

 He has been living in Europe due to work for 2 years and is getting ready to go back to America this week and I’ll join him when the visa is finished.

 

We are in a financial position with work and personal finances that we won’t need a sponsor for moving but it’s something to consider if he has been living abroad.

 

If you have any specific questions you can message me and I’ll see if I can be of assistance, as I said I haven’t officially finished the process yet but I’ve read up a lot on it. 

By Europe I assume you mean not the UK.

[Ashley May 60]

9 minutes ago, Boiler said:

By Europe I assume you mean not the UK.

Yes, in Luxembourg (we both have)