We are both living abroad! Can we still apply for the K1?

[irisheyes123 66]

Hello!

 

Myself and my partner Michael are currently living in Toronto on a two year work permit. I am from Ireland, and he from the US. When our Canadian visas expire (September 2020) we want to move back to the US, so now we are starting to put together our I-129F Packet. My question is - if he shows connections (i.e work contract/offer for September 2020) to the U.S are we able to apply from Canada while we wait it out, or should he move back to the U.S now? We would prefer to remain living together during this process.

 

Any tips out there? Thanks!

 

-Cathy

Edited July 10, 2019 by cathykerbey

[Crazy Cat 39,227]

If you are both together, a K-1 would be not be the best idea, imo.  A marriage in Canada and a CR-1 would be a very good option based on what I read in your post:

 

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.
  �

 

Edited July 10, 2019 by missileman

[JeanneAdil 6,197]

To add to missleman,  the USC needs to have filed IRS tax returns while working outside the US

 

https://www.irs.gov/individuals/international-taxpayers/taxpayers-living-abroad

 

and if you do have to leave Canada before the immigration interview,  make sure you get a criminal report from Canada as you will need it/ total time for this visa is about 12 to 14 months

[irisheyes123 66]

Thank you @missileman - this definitely looks like an option worth exploring. I noticed this regarding common law marriage. (see attachment)

Myself and my partner were common law married in Canada in 2018. He is from Iowa, which recognizes common law marriage. Could we apply on this basis or do we have to be legally married?

 

Thank you!

 

 

[NikLR 13,220]

12 minutes ago, cathykerbey said:

Thank you @missileman - this definitely looks like an option worth exploring. I noticed this regarding common law marriage. (see attachment)

Myself and my partner were common law married in Canada in 2018. He is from Iowa, which recognizes common law marriage. Could we apply on this basis or do we have to be legally married?

 

Thank you!

 

 

Legally married because you are able to get legally married.  Common-law only works if you're from a place where common-law is the only option and they don't allow marriage.  So while Canada doesn't care and says common-law and married are pretty much the same, but at least with common-law you don't have to get divorced (unlike most common law in the USA), the US immigration doesn't see it that way. 

[NikLR 13,220]

~~moved to what visa do I need from IR1/CR1 progress reports~~

[Crazy Cat 39,227]

Agree with @NikLR.  In addition, it never a good idea to  leave any question in the minds of immigration authorities.  A legal, documented marriage is the way to go.

[irisheyes123 66]

Thanks @missileman once again! From further research it seems that the I-130 can be submitted from Canada if sent to the lockbox in Chicago. Is it your understanding that myself and my partner can marry here in Toronto and apply from here? Thank you! 

[irisheyes123 66]

Thank you @JeanneAdil - awesome advice! Should this proof be submitted along with the initial I-130 to the USCIS or should it be provided later on in the application with the other financial supporting documents? I appreciate your help!

[Crazy Cat 39,227]

8 hours ago, cathykerbey said:

Thanks @missileman once again! From further research it seems that the I-130 can be submitted from Canada if sent to the lockbox in Chicago. Is it your understanding that myself and my partner can marry here in Toronto and apply from here? Thank you! 

Yes..That is the reason a CR-1 is frequently a great option for those are already living together.

Edited July 11, 2019 by missileman

[JFH 12,189]

8 hours ago, cathykerbey said:

Thank you @JeanneAdil - awesome advice! Should this proof be submitted along with the initial I-130 to the USCIS or should it be provided later on in the application with the other financial supporting documents? I appreciate your help!

You can get married wherever you want for the spousal visa route. Canada, Iowa, Ireland, Bahamas, wherever your mood and your budget takes you. The only requirement is that the marriage is legal. 

 

The K-1 is most suited for couples who have the following four characteristics in their situation:

 

- don’t already live together

- the foreign partner cannot easily visit the US (comes from a country where visitor visa denial rates are high, particularly for single people with a love interest in the US)

- getting married in the foreign partner’s country is difficult due to costs, waiting periods, visa requirements, language issues, etc

- cannot bear to be apart after marriage 

 

You have none of the above, realistically. You’re already living together, you can easily visit the US to get married here if you wish, you can easily get married in Canada if you wish. And you are already living together so the fourth one doesn’t apply. 

 

Montreal embassy is very hot on domicile requirements. It’s very likely your husband will need to move back to the US before your interview. You can continue to visit at any point. He can visit you. You may be living apart for a few months but most of us going through this survive a lot longer apart. It is survivable. 

Edited July 11, 2019 by JFH

[carmel34 3,531]

19 hours ago, cathykerbey said:

if he shows connections (i.e work contract/offer for September 2020) to the U.S

This will be needed for the visa interview in Montreal about a year after filing the I-130 if you decide to go that route, or less time if you choose the fiancee visa.  They will want to see proof of US domicile for the petitioner, and proof of US income for a period of time to show financial stability in the US.  This is why he might have to move to the US three to six months before you do, so you will have a period of living apart but that's part of this journey.  Do a lot more research on both of these issues (US domicile and US-based steady income for the USC petitioner) so that you are better informed and prepared.  Good luck!

[irisheyes123 66]

thank you @carmel34 - we have no problem being apart for 3-6 months. we realize we are very lucky and a lot of couples have it a lot worse than us. 

you might have an insight on this: 

 

We moved to Canada in September 2019 on a 2 year visa because my J1 VISA in the US expired and we wanted to make sure that we were suited to marry and eventually move back. I am from Ireland. IF the process for the CR-1 visa is taking over a year - would it be possible to SUBMIT the paperwork from Canada, and schedule the interview in Dublin, Ireland seeing as my Canadian visa will most likely be up by the time the interview comes around. 

 

Apologies and I appreciate your advice!

[JeanneAdil 6,197]

11 hours ago, cathykerbey said:

Thank you @JeanneAdil - awesome advice! Should this proof be submitted along with the initial I-130 to the USCIS or should it be provided later on in the application with the other financial supporting documents? I appreciate your help!

the IRS tax returns are required later at the NVC stage along with the affidavit of support

it is a good idea to look to the above "guides "   as it goes step by step thru the process

and believe me spouse is usually the way to go as there is a big advantage when the immigrant can work when coming to the US without going thru a long expensive AOS wait 

 

[AK_2014 113]

1 hour ago, cathykerbey said:

We moved to Canada in September 2019 on a 2 year visa because my J1 VISA in the US expired and we wanted to make sure that we were suited to marry and eventually move back.

Just double-checking to avoid unpleasant surprises: Your J1 is not subject to the two-year home residency requirement?