K1 or cr1 - smartest choice?

[Inesmlm 13]

Hello everyone, 

I’m an American and Portuguese citizen. I lived in the US 8 years but came back to Portugal in 2019 with my also dual citizen daughter. 
We are considering going back to the US however I have a Portuguese fiancé since then and would like to understand how could I also take her with us. 
Would it be easier (in terms of documents/proof/money wise) to:

1 - marry in Portugal and apply from there (if so which visa should I apply for and what’s the process?)

2 - Applying in Portugal for a fiancé visa and go to the US and go from there?

 

My biggest concern here is that I don’t have a house nor income in the US, but I do work in Portugal. Not sure if it’s enough to sponsor her or how should I go about it if I don’t make enough. 
 

thank you in advance! 

[Crazy Cat 39,313]

Many people (including myself) would recommend marrying in Portugal (or anywhere), then starting the CR-1 spousal visa process.   You will have to show evidence that you intend to establish domicile in the US, and you will have to have either sufficient income which continues after re-locating to the US, sufficient assets to sponsor your immigrant spouse, or a well qualified joint sponsor in the US.  I would recommend reading the guides here on VJ. 

[pushbrk 12,127]

48 minutes ago, Crazy Cat said:

Many people (including myself) would recommend marrying in Portugal (or anywhere), then starting the CR-1 spousal visa process.   You will have to show evidence that you intend to establish domicile in the US, and you will have to have either sufficient income which continues after re-locating to the US, sufficient assets to sponsor your immigrant spouse, or a well qualified joint sponsor in the US.  I would recommend reading the guides here on VJ. 

Seconding that.  Doesn't matter where you marry.  Do it where it's convenient.  If you take the fiance visa route, you'll still need to qualify as financial sponsor and your partner will be unable to work or travel internationally for six months or more after coming to the US.  As your spouse, she's immediately eligible to work and travel internationally.  

 

Financial sponsorship requirements can be met with a joint sponsor or by returning to the US to get a job.

[powerpuff 5,910]

~ Moved from IR1/CR1 Forum to What Visa Do I Need? The question is about which is the best option ~

[Inesmlm 13]

Thank you for your replies, however i still have a few questions if you could kindly advise best. 
 

The scenario here is that, even though me and my daughter are American citizens and my partner is not (we all live in Portugal) I do not have a house in the US, my Portuguese income is bellow what they request ($27k, I make $19), and I do not have a joint sponsor. 
I’m trying to avoid the situation where I have to fly to the US and get a job there first and leave my 5 year old in Portugal, however I believe this is the only possible scenario, correct? If so, how long do I have to be working and living in the US until I can apply for a CR1 there? And can I apply there when my partner is in Portugal? I’m confused with this. Can I not bring her to the US as a tourist, establish a job and house and go from there? Not sure if this is legal. I know she cannot work as a tourist, obviously.. 

 

If I also need a joint sponsor for a K1 visa, then there’s no point of doing everything from Portugal but to go back to the US first, right? 
 

I would just like a solution for her to come with me at the same time to the US so my daughter is not left behind in Portugal and this way I also have her help.

 

thank you in advance. 

[Redro 4,601]

10 hours ago, Inesmlm said:

Thank you for your replies, however i still have a few questions if you could kindly advise best. 
 

The scenario here is that, even though me and my daughter are American citizens and my partner is not (we all live in Portugal) I do not have a house in the US, my Portuguese income is bellow what they request ($27k, I make $19), and I do not have a joint sponsor. 
I’m trying to avoid the situation where I have to fly to the US and get a job there first and leave my 5 year old in Portugal, however I believe this is the only possible scenario, correct? If so, how long do I have to be working and living in the US until I can apply for a CR1 there? You can file the i-130 in Portugal and stay there for a few months before moving back to the States. Unfortunately, many couples and families are living apart while going through the process. Couples moving to the States together is the exception and not that common. Often times the USC returns to the States before their partner if they cannot use assets or secure a joint sponsor. 

 

And can I apply there when my partner is in Portugal? I’m confused with this. Can I not bring her to the US as a tourist, establish a job and house and go from there? Not sure if this is legal. I know she cannot work as a tourist, obviously..  Not legal. It is immigration fraud to visit the States with the intention to adjust status. But, if your partner has strong ties to Portugal. They can visit you in the States, and then return to Portugal while you wait out the process. 

 

If I also need a joint sponsor for a K1 visa, then there’s no point of doing everything from Portugal but to go back to the US first, right?  You can start the process in Portugal but move to the States at a later date. The K1 visa and CR1/IR1 visas are taking 1-2 years. Check Portugal timelines to get a feel on how long it will take for you. Remember, if you go through the K1 visa process your partner won't be able to work in the States or leave for about the first 6 months.   
 

I would just like a solution for her to come with me at the same time to the US so my daughter is not left behind in Portugal and this way I also have her help.

Unless you can secure a joint sponsor or have assets (at least $81K) you'll probably have to move before your partner and daughter.

 

thank you in advance.