Beginner DIY-visa questions

[quitethejourney2 2]

Hi VisaJourney,

After reading around on the web, everyone points to here as the go-to DIY-visa resource. I'm just beginning this DIY journey, so apologies if these two questions are basic and repeated elsewhere. These are just general clarification questions.

 

1) I am the US citizen and my partner lives overseas. We are not yet married. However, we would like to move forward with the marriage process. The most appropriate option would be the Fiance K-1 visa, correct? I.e. I am correct to assume that my partner cannot visit me in the US, get married here, return home, and then begin the CR-1 process?

 

2) Regarding provable income for sponsorship, how do they assess this? I am currently in a job that pays ~32k USD, but will be returning to graduate school in August and my university-defined income will be ~21k (although ancillary jobs will put it towards ~25k). I have two family members (i.e. my parents) who are willing to act as a co-sponsor for the fiance/spouse visa (Form I-134 and Form I-864a). 

 

Can't wait to become part of the VisaJourney community!

[JFH 12,190]

1 minute ago, quitethejourney2 said:

 I am correct to assume that my partner cannot visit me in the US, get married here, return home, and then begin the CR-1 process?

 

Incorrect. Assuming he/she has the required permission (tourist visa or approved ESTA or is Canadian) then he/she can marry you whilst visiting, return home and you proceed with the CR-1. 

 

This option might be better for you anyway since money seems tight. On a K-1 he/she will not be able to work for many months. And you will have more fees to pay and also pay for some health insurance for him/her. With a CR-1 he/she will be able to work immediately. The CR-1 is also cheaper, faster to a green card (and citizenship, if this part of your plans). 

[Crazy Cat 41,981]

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 5 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 5 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.
  �

Yes, your fiance can enter the US, marry you, then return to home country to continue the CR-1 process.

[Boiler 45,666]

Can you not marry now, where you are?

[Crazy Cat 41,981]

@quitethejourney2, you have come to the right place for the very best US immigration information.....

[quitethejourney2 2]

@JFH and @missileman thank you so much for your rapid responses. I am SO glad I posted.

 

You are correct that money is tight and my partner would prefer to not have to quit their job back home. It seems that our best bet is to arrange a trip on the tourist visa, get married while visiting the US, have my partner return home to their foreign country, and then I will proceed with the CR-1 application. I was under the assumption that it was illegal to get married while visiting, even if they return to their home country. We just want to follow all the proper procedures. Taking a bit more time will allow me to get some extra contracts to bump up the income a bit too. If I may ask a follow-up, upon arranging this trip to the US, is the intent-to-marry and depart something my partner should declare upon arrival?

 

@Boiler I am the US citizen and my partner is a UK citizen. On our most recent trip we finalized that we want to go ahead with the whole process, so we did not actually get married. They are currently located in Hong Kong, whereas I am in the US.

 

So exciting and scary but I am also kind of appreciating how much the process makes you double- and triple-check everything.

 

 

 

 

[Greenbaum 12,259]

K-1 vs CR-1 Full Analysis (fees may have changed but this example will help with your decision) We did a K1 but if i were to do over id opt for CR-1.
 
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.
If you have red flags this may be the best place to start in case of denial.
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
If you are truly concerned about a denial, the K-1 may be a better place to start.
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)
 

[quitethejourney2 2]

@Greenbaum wow, what a detailed list! Gosh this whole forum really is a godsend. I see you are quite the experienced poster - thanks for taking time to respond to this post! Definitely going to heed your advice regarding the CR-1 over K-1. K-1 seems more 'doable' but CR-1 likely the best bet.

 

Could you comment at all on the question of what the spouse-to-be should say upon the border? Upon arranging this trip to the US, is the intent-to-marry and depart something my partner should declare upon arrival? We are more concerned with at-border denial - my partner's friend had an experience where they were denied entry upon pursuing a similar situation.

[Crazy Cat 41,981]

40 minutes ago, quitethejourney2 said:

If I may ask a follow-up, upon arranging this trip to the US, is the intent-to-marry and depart something my partner should declare upon arrival?

Your partner does not to "declare" anything unless asked by CBP.  If asked, one must be truthful.  Your partner should be prepared to show evidence of strong ties to home country since no one, other than US citizens, are guaranteed entry into the US.  

Edited June 2, 2019 by missileman

[quitethejourney2 2]

7 minutes ago, missileman said:

Your partner does not to "declare" anything unless asked by CBP.  If asked, one must be truthful.  Your partner should be prepared to show evidence of strong ties to home country since no one, other than US citizens, are guaranteed entry into the US.  

Hi again @missileman ! Thanks for the quick response. Of course, we will be truthful, don't want to do anything illegal or get in trouble.

May I ask what you mean by 'show evidence of strong ties to home country'? To clarify, I am the US citizen and they are a Hong Kong resident granted UK citizenship due to the area's history. They have lived in Hong Kong their entire life except for attending school in the United States.

 

Apologies if I am misreading or misinterpreting your post!

Edited June 2, 2019 by quitethejourney2
added apology

[Crazy Cat 41,981]

5 minutes ago, quitethejourney2 said:

May I ask what you mean by 'show evidence of strong ties to home country'? To clarify, I am the US citizen and they are a Hong Kong resident granted UK citizenship due to the area's history. They have lived in Hong Kong their entire life except for attending school in the United States.

 

He/she should be prepared to show evidence (ties)  which would convince the CBP officer of intent of the Hong Kong resident to return home rather than stay inside the US longer than their authorized stay. Employment letter, leases, school responsibilities, for example.

Edited June 2, 2019 by missileman

[quitethejourney2 2]

1 hour ago, missileman said:

He/she should be prepared to show evidence (ties)  which would convince the CBP officer of intent of the Hong Kong resident to return home rather than stay inside the US longer than their authorized stay. Employment letter, leases, school responsibilities, for example.

Ah, thanks so much! For sure, and this is fantastic advice/information. Cheers!

[JFH 12,190]

It is not illegal to come to the US to get married and then leave. I did exactly that, as have thousands of others. The illegal part is coming with the intent to stay, without an immigrant visa or a visa that permits immigration intent (such as a K-1).  If your acquaintance was planning to stay without the relevant permission, they were rightfully denied entry into the country. I know of at least one case where the person did not have any intention to stay but was rejected at the border due to not being able to satisfy the CBP officer that they intended to return. His biggest mistake was talking too much and not having a job/ties back home. Instead of answering the questions exactly as asked, he volunteered extra information about a fiancé in the USA and having no job back in the UK and no fixed address that he could prove (no lease, etc). 

Edited June 2, 2019 by JFH

[quitethejourney2 2]

4 minutes ago, JFH said:

It is not illegal to come to the US to get married and then leave. I did exactly that, as have thousands of others. The illegal part is coming with the intent to stay, without an immigrant visa or a visa that permits immigration intent (such as a K-1).  If your acquaintance was planning to stay without the relevant permission, they were rightfully denied entry into the country. I know of at least one case where the person did not have any intention to stay but was rejected at the border due to not being able to satisfy the CBP officer that they intended to return. His biggest mistake was talking too much and not having a job/ties back home. Instead of answering the questions exactly as asked, he volunteered extra information about a fiancé in the USA and having no job back in the UK and no fixed address that he could prove (no lease, etc). 

Ah, this is exactly the scenario I was imagining in my head! And thanks for clarifying about coming to the US to get married and then leaving. I was so confused - in my mind, when I thought it was not allowed, there was this weird black spot in the process where I thought 'well then how is the couple actually supposed to get married?'. But this has clarified so much!  Thanks @JFH

This forum is amazing!!!

[Ryan H 3,813]

Moved from K1 Progress Reports to What Visa Do I Need - Family Based Immigration forum.