What visa should we apply for.

[Foreverforeign 0]

I guess I'll start with our story. We met in Singapore in 2018 where we both were studying at the time and essentially fell in love immediately and since then she has visited the US and I have visited twice (one of those times we lived together for four months thanks to covid!). Due to Covid we have decided we want to tie the knot as soon as possible as being apart is simply a drag on both of our mental health. She is due to finish her PhD (Still in Singapore) in spring 2022 and we have both agreed that as soon as the borders we would like to get married in Singapore (June-September 2021-TBA?) and apply for US immigration soon after that. 

Some things of note: 

• Singaporean student visa expires May 2022. At that point she would either need to leave Singapore or find a job in Singapore to remain there.
• Once we are married her going back to the Maldives will likely not be a option for a variety of reasons including potential non-recognition of muslim/non-muslim marriage, family cutting her off, and potential for arbitrary legal harassment.  
• For the reasons above we would like to apply from Singapore and not Male or Columbo.  
• She would like to begin working as soon as possible (as any person who has spent the time to earn an advanced degree would) so she wants to apply to a variety of companies and post-docs.
• I am still studying myself (finish fall 2021) and am not working however I am extremely comfortable financially despite this.

All of the research I have done up until this point has pointed to we either will have to get a CR1 or an IR1 visa. Is this correct? What of the above factors would affect the process and is there any way to use any of them to our advantage? Also is there any other visa pathway we haven't considered yet such as work, student, or if things go really south Asylum?

[SusieQQQ 11,584]

If you want to get married CR1 is the obvious way to go, the other paths you mention are uncertain and shaky. If she is legally resident in Singapore (such as on a student visa) she can interview there. An immigrant visa is usually valid for a little under 6 months. My suggestion would be to get the ball rolling as soon as you can - get married as soon as possible, file an i130 for her, to try get her to an interview there before she finishes her studies.  Then she has up to 6 months to use the visa if she gets it before she’s finished. That’s a big IF right now. The whole process is likely to take somewhat over a year from when you file, hence the suggestion to get it all started as soon as you can. If things end up going unexpectedly fast there are ways to slow it down but you can’t usually speed it up. From what you’ve said it seems imperative she gets the visa before she finishes her residence period there. 

[aaron2020 11,651]

With a marriage in June-September 2021 and a target date of May 2022 to immigrate, you may not have any choice but to interview in her home country.

 

It takes 12-18 months to process a CR-1 spousal visa.  She can only interview where she has legal residency.

 

Recognition of muslim/non-muslim marriages in the Maldives is irrelevant.  As long as the marriage was legal where it was entered into, then it's legal for US immigration.

 

Upon entering the US with a CR-1 spousal visa, she automatically becomes a green card holder and is authorized to work immediately.  If you go the K-1 fiancee route, there would be 6-8 months of waiting inside the US for work authorization after applying for it.

A work visa would require a US employer to apply for a visa on her behalf.  A student visa is a non-immigrant visa requiring her to show a real course of study for a degree, how it would help her career in her home country, and a foreign home she intends to return to after getting her degree.  Nothing you have disclosed indicates she would qualify for asylum.

 

The CR-1 route is the appropriate route for the two of you.  Unfortunately, it will take longer than the timeline you want.  

 

 

[Foreverforeign 0]

5 minutes ago, aaron2020 said:

Unfortunately, it will take longer than the timeline you want.  

Now if there were just a way to get into Singapore to get married and start the paperwork.🤔

To the two responders above me thank you for the clarification.

Edited March 15, 2021 by Foreverforeign

[Boiler 43,433]

I did not think Singapore did Asylum?

[aaron2020 11,651]

4 minutes ago, Foreverforeign said:

Now if there were just a way to get into Singapore to get married and start the paperwork.🤔

To the two responders above me thank you for the clarification.

The two of you can meet in a third country that is open to both of you.  Mexico has been a popular choice.  

[Foreverforeign 0]

1 minute ago, aaron2020 said:

The two of you can meet in a third country that is open to both of you.  Mexico has been a popular choice.  

Her university sent out an email awhile ago essentially saying any student pass holders that leave Singapore are not guaranteed re-entry unless its for emergency reasons. It's essentially, if she leaves she's not allowed to comeback because of COVID.

[Boiler 43,433]

Well you could file K1 now or if you want to marry you could do it on line, but with the latter still need to meet before filing.

[Foreverforeign 0]

1 minute ago, Boiler said:

Well you could file K1 now or if you want to marry you could do it on line, but with the latter still need to meet before filing.

We have met in person already. What are the steps to getting married online?

[Boiler 43,433]

Utah does it.

 

K1 you need to meet before you file and within 2 years

CR1 on line you need to meet after you marry before filing

[aaron2020 11,651]

3 minutes ago, Foreverforeign said:

Her university sent out an email awhile ago essentially saying any student pass holders that leave Singapore are not guaranteed re-entry unless its for emergency reasons. It's essentially, if she leaves she's not allowed to comeback because of COVID.

The Singapore PM has said that they MAY reopen borders by the end of the year if a significant portion of their population is vaccinated.

You're going to have to make a tough choice. 

Unless she gets a job in Singapore, she will have to return home.  You are unlikely to get marry June-Sept 2021.  After marrying and filing, her visa interview likely happen in the Maldives.  

You can file for the K-1 fiancee visa right now if you have meet in the last 2 years.  However, it means not being able to work in the US for 6-8 months.

[aaron2020 11,651]

3 minutes ago, Foreverforeign said:

We have met in person already. What are the steps to getting married online?

A popular choice of late is the Utah online marriage.  You will have to meet in person afterwards before you can file the I-130.  A problem since she can't leave Singapore and you can't enter Singapore.  

[Demise 1,096]

9 hours ago, Foreverforeign said:

We have met in person already. What are the steps to getting married online?

I would honestly recommend going the K-1 route if you met within the past 2 years. If you online marry you find yourself again in the same problem you have right now with getting married: she can't leave and you can't enter Singapore and USCIS requires you to at very least meet in person between the online marriage and filing I-130.

Edited March 15, 2021 by Demise

[Crazy Cat 39,226]

Please allow me to put this out there:

 

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 6-8 months)    
    Spouse can not work until she/he receives EAD (approx 6-8months)    
    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.
  �

 

[usmsbow 795]

18 hours ago, Foreverforeign said:

I guess I'll start with our story. We met in Singapore in 2018 where we both were studying at the time and essentially fell in love immediately and since then she has visited the US and I have visited twice (one of those times we lived together for four months thanks to covid!). Due to Covid we have decided we want to tie the knot as soon as possible as being apart is simply a drag on both of our mental health. She is due to finish her PhD (Still in Singapore) in spring 2022 and we have both agreed that as soon as the borders we would like to get married in Singapore (June-September 2021-TBA?) and apply for US immigration soon after that. 

Some things of note: 

• Singaporean student visa expires May 2022. At that point she would either need to leave Singapore or find a job in Singapore to remain there.
• Once we are married her going back to the Maldives will likely not be a option for a variety of reasons including potential non-recognition of muslim/non-muslim marriage, family cutting her off, and potential for arbitrary legal harassment.  
• For the reasons above we would like to apply from Singapore and not Male or Columbo.  
• She would like to begin working as soon as possible (as any person who has spent the time to earn an advanced degree would) so she wants to apply to a variety of companies and post-docs.
• I am still studying myself (finish fall 2021) and am not working however I am extremely comfortable financially despite this.

All of the research I have done up until this point has pointed to we either will have to get a CR1 or an IR1 visa. Is this correct? What of the above factors would affect the process and is there any way to use any of them to our advantage? Also is there any other visa pathway we haven't considered yet such as work, student, or if things go really south Asylum?

 

The visa stuff has been covered by others. One question and 1 suggestion:

 

1. Would it be possible for her to extend her PhD studies and get her PhD later in 2022? And get a related visa extension? I have no idea how it is in Singapore, but some PhD programs here can be flexible. That would buy you a little more time to get married and for her to get the CR1 while still in Singapore. 

 

2. Has she looked much into a post-doc fellowship? Either in Singapore or elsewhere? That's how a few of my wife's friends have stayed outside Indonesia (gotten advanced degrees then found fellowships in the EU, USA, and Singapore). Obviously this option depends on her field of study. It would not necessarily be a way to bring you together, but at least you wouldn't have to worry about her having to apply for the visa from the Maldives.