American / Australian living in Thailand: K-1 or CR-1? Relocate to Mexico?

[CoyKoi 0]

Hi, first time post and we're pretty new to a lot of these issues, so apologies if I make any poor assumptions, etc. 

 

My Aussie bf and I have been living together in Thailand for the past 6 years. Currently I'm on a work permit (which I can renew for another 12 months next June, if necessary). He left his job a few months ago and switched from a work permit to the Covid Emergency Extension. We would like to get married and live together in the US. We are not officially engaged at this moment, but we are looking at our options.

 

We are considering the K-1 or the CR-1, but we're concerned because maybe they aren't processing applications for these visas in Thailand at the moment? We CAN handle another 6-12 months here, if necessary, but if it's more realistically 24+ months, then that is starting to feel unreasonable. We aren't terribly bothered about whether the marriage takes place in Thailand or the US, we're open to whatever is more practical.

 

If it matters, we're scheduled to receive our second AZ vaccine around the end of September, but we're worried that the US will soon require full vaccination and they may not recognize the AZ produced by Thailand's Siam Bioscience (similar to how they aren't recognizing the Indian AZ vaccine). I know that as a citizen, I would still be able to return to the US, but he would not. 

 

Additionally, he can't physically return to Australia at the moment due to the over-inflated cost of flights right now and the fact that many flights to Aus get cancelled anyway - and even if he could, I couldn't join him due to their heavy restrictions.

 

We are also open to relocating to Mexico temporarily (either on a 6 month tourist visa or applying for temporary residency, as I hear it isn't too difficult to get) and submitting the application from Mexico if that would be more possible/advisable/easier/faster. I work online, so my job can really be done from anywhere (so if there's a better country than Mexico, please feel free to suggest it). He's currently unemployed but looking for online remote work. But I'm also worried that it may look bad on us if we're applying for temporary residency in Mexico immediately before applying for a K-1 or Cr-1?

 

Our priorities (in order) are:

1) Not to be separated from each other

2) Him to receive green card ASAP

 

If anyone has any advice or had a similar experience, we'd appreciate your input very, very much. 

Thanks!

[canadian_wife 1,791]

To be realistic, separation from partners during immigration processes is inevitable for the majority of couples.   It sounds like he CAN return to AUS if necessary, although inconvenient with flight costs. Is AUS restricting their own citizens from returning?

 

For your 2nd priority, the Cr-1 visa is probably what you are looking for.  Look at the guides. 

 

Why would it look bad if you relocated to Mexico?  I am pretty sure USCIS will not care where you reside when the petition is filed.  Your ability to support your (future) husband and residency requirements will eventual fall upon you if you choose this route.  

 

Good luck 

[Lucky2Lucky 2,526]

Hello and welcome! It would make most sense, in my opinion, to get married (anywhere) and apply for the CR1. Processing times are slower due to COVID and either visa will most likely take more than a year. There are some drawbacks of the k1 which I’m sure will be posted in more detail but are are that the immigrant can’t work or travel immediately after marriage. You would file a new petition to adjust status, work (EAD) and travel (AP) and that would take anywhere from 4-12 months. If money is an issue that is a more costly way as well. No one wants to spend time away from their fiancé/spouse but that is a reality during immigration. It makes sense to get married now since you are physically together. You mention Mexico- you wouldn’t be able to have your consulate interview in Mexico since partner wouldn’t have residency in Mexico- you can’t be in “tourist” status. You would have to establish domicile towards the latter part of the process which could mean some separation. It sounds as if hour job can continue as you work remotely which is great for the sponsorship piece. Make sure you have been filing taxes while abroad as well as this would be required to present. I honestly would try to get “fastest” out of your head- immigration requires a lot of patience. There is no fast and covid has significantly slowed things down. Good luck!

[Unlockable 7,306]

I read your post and it is good that you are asking these questions and you seem open to opinions and understandings of immigration. But there are some realizations you may have to come to terms with.

 

First, immigration is not fast, easy, nor cheap. So, while you are researching timelines, also research the requirements and overall costs. Sometimes, the length of the process is reasonable (1 year). But other times it is painfully long.

 

Second, and I know this is not what you want to hear, separation may be inevitable. Not saying that it is impossible to go through the process without being separated. It is just that the vast majority of cases, the loved ones are separated at some part of the process. Many of us have accepted this a realization with immigration. Your case may be different. You can plan on doing things to limit your separation, but be prepared for it just in case.

 

Lastly, continue to research as much as possible. The information is plentiful and easily accessible (you have the internet you can find it). We have guides on every aspect of the process you can review. I always advise to study every step of the process all the way to end (citizenship). It cost nothing to learn the processes, and all the information is here and on other sites like the official USCIS website.

 

Immigration guides: https://www.visajourney.com/guides/

 

If you have any further questions, feel free to ask and welcome to the forum.

[Dashinka 23,241]

I would echo the above and offer my opinion that based on your priorities, the best option would be to get married and submit the I130 for an eventual CR1/IR1 spousal visa.  It does not matter to USCIS where you (the USC) resides while the processing is taking place, but once the application reaches the National Visa Center (NVC), you will have to start planning for your US based domicile.  Also, you and your future spouse will have to have legal residency in the locale you are living for the visa interview to take place there.  It is unfortunate in your case that regular Direct Consular Filing is no longer a thing, but you can also explore your overall situation and see if you fall into one of the "exceptional circumstances" listed.  From what you mentioned in your opening post, it does not appear so, but if you happened to receive a US based job offer requiring immediate relocation, you may fall into the last category.

 

Anyway, it is good you found VJ and are starting the research now.

 

Good Luck!

 

https://travel.state.gov/content/travel/en/us-visas/immigrate/the-immigrant-visa-process/step-1-submit-a-petition/filing-petitions-outside-the-us.html

 

https://www.uscis.gov/policy-manual/volume-6-part-b-chapter-3

[Crazy Cat 39,220]

Please allow me to throw 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 6-8 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.
  �

 

[JeanneAdil 6,193]

read the guides thoroughly as you need to know

1   you need proof of US residency

2   IRS transcripts to show you have been doing them for foreign income (most current year)

3   criminal reports from countrys lived in (for beneficary)

4   Us income to sponsor immigrant 

5   guidelines for income are 100% for K1 and 125 % for CR1

 

Cr1 is far superior as K1 gets expensive and has too many drawbacks

[mari04 100]

Mexico is great option to wait out long K1 or CR1 wait. I did it, commuting over the border for work. Just get global pass. Write me to my personal box with any questions on arranging it in Mexico 

[HRQX 4,145]

13 hours ago, CoyKoi said:

My Aussie bf and I have been living together in Thailand for the past 6 years.

Since you are currently physically together you can get married through Utah ZOOM marriage:

An example of the marriage certificate:

[CoyKoi 0]

Thank you everyone to all of your amazing information! We really, truly appreciate it. We realize that we're very lucky to have been stuck together throughout the pandemic so far, and although we would strongly prefer to avoid a long separation (as I'm sure most would), we're realistic that at some point it may be necessary.  It also sounds like the CR1 is the correct route for us - thanks so much for that!

 

After reading the comments, I have a few additional questions:

 

1) Is there anyway to compare the average wait times between 2 countries (Thailand v. Mexico)? I called the embassy in Thailand today, and it seems like they actually are accepting applications and issuing interviews (very slowly), although they are terribly backlogged and I'm afraid their current rate may be adding to the backlog rather than sorting it. They absolutely refused to give me any useful information regarding an estimated wait time for someone who applied now, and read me vague statements off of their website (not that useful). We would only head to Mexico if there was significantly less wait time.

 

2) In reference to the comment by HRQX, re: Utah Zoom Marriage - is there any benefit to getting married this way rather than in Thailand? If there is, then I'm definitely interested, but I thought these services were more aimed at couples who were physically separated. What am I missing here? And if we got married this way, would it be good enough to put my bf on a non-O marriage visa here in Thailand (so he qualifies for the CR-1 here)?

 

3) I have an upcoming consultation with a US immigration lawyer - do you guys rate them, or do they mainly just fill out paperwork? As I mentioned, BF is unemployed with lots of extra time. While I'm employed, I'm actually pretty good with contracts, legalese, etc.

 

Thanks again, so much in advance! 

[Dashinka 23,241]

32 minutes ago, CoyKoi said:

Thank you everyone to all of your amazing information! We really, truly appreciate it. We realize that we're very lucky to have been stuck together throughout the pandemic so far, and although we would strongly prefer to avoid a long separation (as I'm sure most would), we're realistic that at some point it may be necessary.  It also sounds like the CR1 is the correct route for us - thanks so much for that!

 

After reading the comments, I have a few additional questions:

 

1) Is there anyway to compare the average wait times between 2 countries (Thailand v. Mexico)? I called the embassy in Thailand today, and it seems like they actually are accepting applications and issuing interviews (very slowly), although they are terribly backlogged and I'm afraid their current rate may be adding to the backlog rather than sorting it. They absolutely refused to give me any useful information regarding an estimated wait time for someone who applied now, and read me vague statements off of their website (not that useful). We would only head to Mexico if there was significantly less wait time.

 

2) In reference to the comment by HRQX, re: Utah Zoom Marriage - is there any benefit to getting married this way rather than in Thailand? If there is, then I'm definitely interested, but I thought these services were more aimed at couples who were physically separated. What am I missing here? And if we got married this way, would it be good enough to put my bf on a non-O marriage visa here in Thailand (so he qualifies for the CR-1 here)?

 

3) I have an upcoming consultation with a US immigration lawyer - do you guys rate them, or do they mainly just fill out paperwork? As I mentioned, BF is unemployed with lots of extra time. While I'm employed, I'm actually pretty good with contracts, legalese, etc.

 

Thanks again, so much in advance! 

As to your second question, there is no real benefit to the Zoom marriage.  You are right, it is more beneficial for couples that are physically separated.  A legally valid marriage in Thailand, or anywhere else is fine for USCIS.  The Zoom marriage is simply another option.

 

As to number three, YMMV.  My opinion is that for a simple case (not dealing with US overstays, or other criminal history, etc.), a lawyer (or more accurately a clerk/paralegal) is just filling out the forms.  There are a lot of stories of lawyers/visa services messing up forms and slowing down the process.  That being said, using a lawyer/visa service is a personal choice for a relatively simple case, but if someone does choose a lawyer, they should run away from any lawyer claiming they can speed up the process, and they should closely check all the work the lawyer does and plans to submit on behalf of the immigrant.

 

Good Luck!

[JeanneAdil 6,193]

• Don't need zoom marriage / this is for people who are not together
• marry  in Thailand

[Adventine 3,187]

If it's difficult to get married in Thailand because of bureaucratic difficulties or local lockdown restrictions, the Utah Zoom marriage option is a great option.

 

I agree that if your case is straightforward (no criminal convictions, no visa denials/overstays, no previous misrepresentation with visa applications), you don't need a lawyer.  You just need to invest the time to browse this forum and study the USCIS instructions. Good luck!

[Dashinka 23,241]

19 minutes ago, Adventine said:

If it's difficult to get married in Thailand because of bureaucratic difficulties or local lockdown restrictions, the Utah Zoom marriage option is a great option.

 

I agree that if your case is straightforward (no criminal convictions, no visa denials/overstays, no previous misrepresentation with visa applications), you don't need a lawyer.  You just need to invest the time to browse this forum and study the USCIS instructions. Good luck!

And of course ask questions here on VJ! 

 

[Chancy 6,233]

On 8/13/2021 at 8:11 PM, CoyKoi said:

Is there anyway to compare the average wait times between 2 countries (Thailand v. Mexico)?

 

I strongly recommend that you do not pursue a CR1 visa through Mexico, simply because of the sheer number of applicants going through there.  The consulate at Ciudad Juarez in Mexico issues the highest number of US spouse visas worldwide, and that has been the case for years, even before COVID.  I assume that trend will continue, which means there will be a very long line of visa applicants ahead of you when your case gets to the interview stage.  That is, assuming your spouse-to-be will even be allowed to interview at Juarez, as consulates normally require applicants to have legal resident status in their area of jurisdiction.

 

As far as I know, consulates do not publish wait time estimates for immigrant visa interviews.  Best way to get estimates is to check the tracking threads here on VJ, or search for similar discussion groups on FB.  Based on the latest updates from the thread for Juarez (see below), the current wait time for an interview slot is around 1 year after USCIS petition approval and NVC document review.  Juarez has been backlogged for years and COVID just made it worse.

 

There is no similarly active thread for Bangkok.  You may want to check for relevant threads that come up from time to time here at the Thailand regional forum, the Consulates forum, or the IR1/CR1 Progress Reports forum.