American/Italian dual citizen + Dutch citizen living in Italy. Want to move to NYC. What are our options?

[dottiesmom 2]

Hi everyone!

 

First time poster here. :)

 

My significant other and I have been together since 2014. We currently live together in Turin, Italy. I am an Italian/US national (born and raised in US) and he is a Dutch national. We are looking to move to NYC where I am from by 2022 or 2023, so we have plenty of time to plan. What option--fiancé visa or spousal visa--would work for us? We're open to marrying in Italy but would prefer to marry in the U.S.

 

Thanks!

[Crazy Cat 39,218]

I would marry and start the CR-1 process.  The benefits are significant.

 

Every couple has their own priorities, and each couple must decide which visa is better for their situation.

 

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 (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.
    A denied K-1 is sent back to USCIS to expire
  

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.
  �

 

Edited December 1, 2020 by Lucky Cat

[NikLR 13,220]

Based on your timeline to wanting to move as well, I second the CR1.  Get married now and plan on moving around your 2 year anniversary mark. That way you won't have to worry about the CR1 either, it'll be an IR1 with a 10 year green card. 

[dottiesmom 2]

This is great! What a quick and informative reply 😃

 

Getting married in Italy is a pain in the neck which is why we'd prefer to marry in the U.S. Italian bureaucracy is legendary. 

 

Do you know if we can get married in the U.S. on vacation? We'd prefer to do it that way--come to the U.S. on an extended vacation, get married during our stay, and go back to Italy until we're ready to move to the U.S. Or what about those online marriages? Two of our friends (both American living in Italy) got married online with their certificate filed in Utah which was cool 😃

Edited December 1, 2020 by dottiesmom

[Crazy Cat 39,218]

3 minutes ago, dottiesmom said:

This is great! What a quick and informative reply 😃

 

Getting married in Italy is a pain in the neck which is why we'd prefer to marry in the U.S.

 

Do you know if we can get married in the U.S. on vacation? We'd prefer to do it that way--come to the U.S. on an extended vacation, get married during our stay, and go back to Italy until we're ready to move to the U.S. 

Yes, marrying in the US is an option.  Then you could start the CR-1 process after marrying.  There is even a VJ member, @Loren Y ,  in Las Vegas who has generously offered his services to perform the ceremony for VJ members.

Edited December 1, 2020 by Lucky Cat

[dottiesmom 2]

Love it! We would love to be married in Vegas, lol. So fun. 

[NikLR 13,220]

Would they have to spend 14 days outside of europe before travelling to the USA? I believe that ban is still in place. 

[dottiesmom 2]

We can't go to the US just yet, so we're sitting tight. He visited Iraq a few years ago with his friend and is thus no longer eligible to enter the US without a visa despite being an EU citizen (boo). 🤢

 

And ever since Covid hit, all the visa appointments in Italy have been canceled and we have zero idea of when we'll be able to visit the US together again. We were all set to go to NY this spring but those plans went up in smoke. So we're just waiting everything out. The one thing that we have is time and we're not in a rush.

[SusieQQQ 11,584]

If Italian bureaucracy is the main problem why you want to get married elsewhere (that is, not for reasons of family being able to attend etc), and getting to the US is a problem for him currently, there are other options. Seen a number of people talk about how quick and easy it is to get married in Gibraltar. I agree with the others that getting the legal marriage stuff done now is going to be of benefit down the line. 

[Boiler 43,430]

Do you have Italian friends who can help you navigate the process. Would be beneficial to be married for 2 years when you move.

Edited December 1, 2020 by Boiler

[dottiesmom 2]

I'm a fluent Italian speaker and I actually help people emigrate to Italy for work... so you'd think I'd be fine with dealing with Italian bureaucracy (lol) but it's really my last preference. I'd rather we get married in the US on vacation. It's so much easier!

[dottiesmom 2]

One more question:

 

I am assuming with the spousal visa you cannot wait for processing while living in the United States, correct? Whereas with the K-1 you can bring your spouse and both be in the US while it is processing.

 

We don't have plans to move to the US any time soon but I do love the ability to wait for processing while living in the US should we decide to move sooner. I have plans on going to law school, so being able to be in the US at some point (possibly?) earlier is  plus for us!

[SusieQQQ 11,584]

13 minutes ago, dottiesmom said:

One more question:

 

I am assuming with the spousal visa you cannot wait for processing while living in the United States, correct? Whereas with the K-1 you can bring your spouse and both be in the US while it is processing.

 

We don't have plans to move to the US any time soon but I do love the ability to wait for processing while living in the US should we decide to move sooner. I have plans on going to law school, so being able to be in the US at some point (possibly?) earlier is  plus for us!

If your spouse is fine with not working or being able to travel out the US or, possibly, even get a drivers license for about 6-9 months after arriving (depending when you get married and file for adjustment), sure. Most people see this as being a big disadvantage. If you will be at law school, will you have enough saved up to be able to fund that as well as living expenses for both of you until he is able to work?

 

(you did see lucky cat’s first post in response?)

Edited December 1, 2020 by SusieQQQ

[SusieQQQ 11,584]

15 minutes ago, SusieQQQ said:

If your spouse is fine with not working or being able to travel out the US or, possibly, even get a drivers license for about 6-9 months after arriving (depending when you get married and file for adjustment), sure. Most people see this as being a big disadvantage. If you will be at law school, will you have enough saved up to be able to fund that as well as living expenses for both of you until he is able to work?

 

(you did see lucky cat’s first post in response?)

Plus, you will probably wait almost as long to get the K1 visa as you would a CR1/IR1 in the first place, so you’re not really getting there sooner, but you are making it more complicated and difficult for after you get there.

[Crazy Cat 39,218]

1 hour ago, dottiesmom said:

Whereas with the K-1 you can bring your spouse and both be in the US while it is processing.

Nope.  The foreigner cannot live in the US while either the K-1 or CR-1 are being processed.  However, short visits are allowed (at the discretion of CBP) during either process.  After entry via a K-1, the new spouse applies for a Green Card....which takes months and months to process.

Edited December 1, 2020 by Lucky Cat