Should we get married in her country first or in america first!!

[JFH 12,189]

1 hour ago, carmel34 said:

This is not correct.  A spouse entering on CR-1 is issued a 2-year green card with no need for AOS after entry like the K-1, but there is still the ROC process after two years to get a 10 - year GC.

Unless they have been married for more than 2 years on the day the spouse arrives. I got a 10-year card when I arrived as we had been married just over 2 years by then. Our immigration journey was somewhat complicated because our original plan was halted. 

[USS_Voyager 1,971]

I just want to add, generally the “you cannot enter with the intention to adjust status” is true, if the person enters on a non-immigrant visa or VWP. There is an exception for dual-intent visa classifications such as H and L. With those, you are allowed to have immigration intent and can adjust status within the US. Yes, I understand it’s rare and probably not feasible in this situation, but just since the new H1B season officially starts next week, just want to point that out.

[Commando 13]

35 minutes ago, USS_Voyager said:

I just want to add, generally the “you cannot enter with the intention to adjust status” is true, if the person enters on a non-immigrant visa or VWP. There is an exception for dual-intent visa classifications such as H and L. With those, you are allowed to have immigration intent and can adjust status within the US. Yes, I understand it’s rare and probably not feasible in this situation, but just since the new H1B season officially starts next week, just want to point that out.

Are you saying that if we married in different country and she visit me later in U.S then we can apply for her GC legally and she can stay with me in us during the process?

[Boiler 43,433]

2 minutes ago, Commando said:

Are you saying that if we married in different country and she visit me later in U.S then we can apply for her GC legally and she can stay with me in us during the process?

No

[Crazy Cat 39,226]

4 minutes ago, Commando said:

Are you saying that if we married in different country and she visit me later in U.S then we can apply for her GC legally and she can stay with me in us during the process?

She can stay only for short visits.......she will have to return to her country.....

Edited March 30, 2019 by missileman

[USS_Voyager 1,971]

25 minutes ago, Commando said:

Are you saying that if we married in different country and she visit me later in U.S then we can apply for her GC legally and she can stay with me in us during the process?

No, unless she enters in H1B (which requires her to have an employer sponsors her for a job in a specialty occupation in the US) or L1 intracompany transferee (if the company she’s currently working at has a US presence and she wants to transfer to the US location). Not visit, no.

Edited March 30, 2019 by USS_Voyager

[Mark and Pooky 11]

5 hours ago, Commando said:

Hi, I have a serious question and I need help please..

 

I am an American citizen and I will marry to non-US citizen but we will marry in her country to celebrate our marriage with her family. The question now can I marry her again in american court if she visit me in usa and then I will apply for her GC while she are living with me in america or we have to marry in america first in order to apply for GC while she is with me in america?

Note: I don't want her to wait for me in a different country since the process for I-130 application will take forever.

Also I have a friend told that if we married in america first then the GC will be issued for her in month (is that true)?

Thanks

Since it doesnt look like you have filed anything yet, the quickest way to get my girlfriend to the us was to file a k1-fiance Visa, per my american lawyer based in bangkok.  He recommended NOT to get married in thailand first.  K1 filing is 6-8 months.  Then file aos, and then file for green card. We only filed on Nov 8.  Still have not received notice of her interview NOA2 I believe it's called.  But if your goal is to get her over here quickly, K1 is way to go per my lawyer.  He also said to marry shortly after arrival.  The AOS will take some time to process.

[Crazy Cat 39,226]

5 minutes ago, Mark and Pooky said:

Since it doesnt look like you have filed anything yet, the quickest way to get my girlfriend to the us was to file a k1-fiance Visa, per my american lawyer based in bangkok.  He recommended NOT to get married in thailand first.  K1 filing is 6-8 months.  Then file aos, and then file for green card. We only filed on Nov 8.  Still have not received notice of her interview NOA2 I believe it's called.  But if your goal is to get her over here quickly, K1 is way to go per my lawyer.  He also said to marry shortly after arrival.  The AOS will take some time to process.

I would find a new attorney.  He is wrong, in my humble opinion.

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.
   

 

 

Edited March 30, 2019 by missileman

[Mark and Pooky 11]

1 minute ago, missileman said:

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.
   

Misselman, things you could have told me yesterday.....LOL.  I was a newbie in this process did not want to screw it up so I got what I thought was a good lawyer.  Too late now as K-1 is filed.  You are right, she cannot work until get married, then aos is filed, then wait for for temp green card and clearance to work. All of this will take an additional 4-8 months is my understanding, after we get married.  But lawyer said the k-1 was 6-8 months, but if married in thailand was going to take 15 months.  I did not want to wait that long so took the k1 route, even if it's more expensive.  But thank you for your advice.

 

Without getting married, is there a faster way for her to get a permit to work, if I file the I-765 form as soon as she arrives?

 

Any other suggestions you may have are appreciated.
 

Thanks

 

[Crazy Cat 39,226]

4 minutes ago, Mark and Pooky said:

 

No faster way.  I would file her I-485, I-131, and I-765 all together.   That way, you don't a fee for the I-765 or I-131.

[Mark and Pooky 11]

5 minutes ago, missileman said:

No faster way.  I would file her I-485, I-131, and I-765 all together.   That way, you don't a fee for the I-765 or I-131.

So get married as quickly as possible....lol

[Crazy Cat 39,226]

1 minute ago, Mark and Pooky said:

So get married as quickly as possible....lol

Exactly....

[nastra30 1,983]

19 minutes ago, Mark and Pooky said:

Since it doesnt look like you have filed anything yet, the quickest way to get my girlfriend to the us was to file a k1-fiance Visa, per my american lawyer based in bangkok.  He recommended NOT to get married in thailand first.  K1 filing is 6-8 months.  Then file aos, and then file for green card. We only filed on Nov 8.  Still have not received notice of her interview NOA2 I believe it's called.  But if your goal is to get her over here quickly, K1 is way to go per my lawyer.  He also said to marry shortly after arrival.  The AOS will take some time to process.

@Mark and Pooky It's only 6-8 for just the K-1 approval at USCIS. The case then passes through NVC to UESM, and that's another 2-4 months. With K-1, I will say 8-12 months is a fair prediction. Your lawyer needs to be current with immigration timelines. Since, your K1 is already filed let us know if takes you less than 8 months to get your visa in hand; there certainly has been cases where people get the visa in less than 8 months but that's not typical nowadays.

@Commando As others have said you can marry anywhere you want as long as the married is deemed legally gone wherever it was done, then it's legal marriage to USCIS. Any intent to come to the US to marry and stay (adjust) is immigration fraud. Right now you have two options K1 and CR1, and @missileman has generously shared with you the pros and cons of each.

 

[nastra30 1,983]

47 minutes ago, Mark and Pooky said:

 Still have not received notice of her interview NOA2 I believe it's called. 

Just to add - NOA2 is not a notice of interview but rather notice of approval from USCIS. Once you get NOA2, case is passed through NVC to USEM. This where you worry about interview notices for K1.

Edited March 30, 2019 by nastra30

[Ion Paladii 3]

Why not apply for a K1 visa instead? You have to get married in the US first, but you have to wait less to be with your spouse.