Location for Filing for CR1?

[The White Fiance 22]

Greetings.

 

I am an American, and I am going to marry a Zambian lady. We have already visited each other in a third country. We are trying to decide whether we need a K-1 or CR1 visa.

 

I have been informed that the processing times for these visas are no longer significantly different, so on the face of it, a CR1 looks better. Postponing marriage puts a strain on the relationship, and we plan to meet overseas a few times during the process anyway, so it's not a huge hardship if we lose a month or two. We have found a few third countries where we can get married. Neither of us is interested in marrying in Zambia, and it's not possible to bring her to America any time soon because the US Embassy in Zambia is staffed by people who are too afraid of coronavirus to go to work. We can't even get her a tourist visa, even though other countries are issuing visas without problems.

 

Possible problem: I have read that if we marry in a third country, like Iceland or Sweden, we would have to file CR1 paperwork at the embassy in that country, which could be very inconvenient. Is this true, or can I do it from Florida?

 

If we have to file in the country where we marry, is there any reason why I can't marry her in the USVI and file for a visa here on the mainland? The Virgins are US territories, so presumably, a marriage there would not be considered foreign. They are open to Zambian tourists, and getting married there is easy.

 

It's not a huge obstacle, because we can afford to travel to Iceland again if needed, but it would be better to avoid the problem.

[JeanneAdil 6,554]

you can file online from any country

and you need to read the USCIS guidelines as the petition goes to the USA not a foreign embassy

 

read the guides above as both K1 and CR1 are taking well over a year

and the immigrant will interview in home country unless a permanent legal resident of another

 

But you are right the CR1 is better for so many reasons and cheaper/  marrying here on a K1 and going thru the long AOS process is a pain in the neck 

 

Best to you both

[arken 4,197]

11 minutes ago, The White Fiance said:

I have read that if we marry in a third country, like Iceland or Sweden, we would have to file CR1 paperwork at the embassy in that country, which could be very inconvenient. Is this true

Don't read the rumors.

[The White Fiance 22]

Thanks for the help. Here is some language, from our government, which concerned me:

 

Quote

It is important to note that application for the nonimmigrant visa for spouse (K-3) who married a U.S. citizen must be filed and the visa must be issued in the country where the marriage took place.

 

It says "nonimmigrant," which doesn't seem to apply to us. It doesn't make much sense to me anyway, since the US is the nation supplying the visa. Applying online from anywhere makes more sense. Also, it's about a K-3 visa.

Edited July 2, 2021 by The White Fiance

[Ryan H 3,813]

1 hour ago, The White Fiance said:

Also, it's about a K-3 visa.

 

Pay no attention to anything referring to a K3 visa; current USCIS and State Department policies have rendered it virtually unobtainable.

 

Keep in mind you, the petitioner, won’t be applying for anything.  You will be filing a petition (filing online from any location is an option).  Your spouse will be the one who ultimately applies for a visa and that will be done on her country of residence.

[The White Fiance 22]

We just found out about Utah marriages. Maybe this can save us the hassle of flying to one place for marriage and another for a honeymoon.

[JeanneAdil 6,554]

3 hours ago, The White Fiance said:

Thanks for the help. Here is some language, from our government, which concerned me:

 

 

It says "nonimmigrant," which doesn't seem to apply to us. It doesn't make much sense to me anyway, since the US is the nation supplying the visa. Applying online from anywhere makes more sense. Also, it's about a K-3 visa.

K3 is obsolete/   it is I 130 for spouse CR1 visa

[HRQX 4,145]

1 hour ago, The White Fiance said:

We just found out about Utah marriages. Maybe this can save us the hassle of flying to one place for marriage and another for a honeymoon.

Will you two be in the same location when you marry? If not, you'll still have to consummate the marriage before filing the I-130 petition. See INA 101(a)(35): "The term "spouse", "wife", or "husband" do not include a spouse, wife, or husband by reason of any marriage ceremony where the contracting parties thereto are not physically present in the presence of each other, unless the marriage shall have been consummated."

Edited July 2, 2021 by HRQX

[Chancy 6,241]

3 hours ago, The White Fiance said:

We just found out about Utah marriages. Maybe this can save us the hassle of flying to one place for marriage and another for a honeymoon.

 

You still need evidence of physically meeting in person some time AFTER the Utah Zoom wedding, before you can file the I-130 petition.  So just proceed with your plan to meet in a 3rd country, have the Zoom wedding ceremony while you are physically together, then file the petition online from anywhere in the world.

 

[The White Fiance 22]

We will not be in the same place if we marry online.

 

I didn't know the honeymoon had to precede the filing, but that's fine with me. We're not trying to avoid travel. Just trying to cut out an unwanted trip, plus a lot of hassle, just for the purpose of the wedding.

 

We could probably get married in Iceland or Sweden, but we would rather honeymoon in Switzerland, and in any case, getting married abroad is a pain which is best avoided unless you're obsessed with weddings.

 

Regarding consummation, tt's nice of the government to encourage romance.

[SalishSea 17,928]

44 minutes ago, The White Fiance said:

I didn't know the honeymoon had to precede the filing, but that's fine with me.

It has nothing to do with a honeymoon.  No honeymoon is even required.

 

The requirement is to have met in person after a Zoom wedding.  Prevents people from jumping the queue for petition approval, but still necessitates travel.

[The White Fiance 22]

When a bride and groom get together for a trip after a wedding, it's a honeymoon.

[Suze1 366]

9 hours ago, The White Fiance said:

is there any reason why I can't marry her in the USVI and file for a visa here on the mainland? The Virgins are US territories, so presumably, a marriage there would not be considered foreign. They are open to Zambian tourists, and getting married there is easy.

Are you sure Zambians do not need a visa to visit the US Virgin Islands?

 

https://www.visahq.com/us-virgin-islands/

 

 

Edited July 3, 2021 by Suze1

[SalishSea 17,928]

1 hour ago, The White Fiance said:

When a bride and groom get together for a trip after a wedding, it's a honeymoon.

Obviously.  It's a culturally contrived thing.  There is no requirement to have one before filing an immigrant petition.

[Crazy Cat 41,981]

13 hours ago, The White Fiance said:

When a bride and groom get together for a trip after a wedding, it's a honeymoon.

Please allow me to put this out there for clarification:

 

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 6-8 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.
  �