Stable Union can mess up my process?

[mdantas 1]

Hello!

 

I live in Brazil and my fiancee is currently in the US. He just sent the papers to the USCIS and is coming to Brazil so we can spend a few months together. 

I would like to add him to my health plan as a benefitiary so he could use it in his time in Brazil, but to do that I need to be either legally married or in a stable union. 

I won't get married of course, but I was wondering if this stable union thig could mess up our process? I know that US immigration doesn't recognize this kind of process but still, I'm not sure if it's worth a try.

 

Thanks in advance!

[Crazy Cat 39,212]

Was the I-129f just sent a couple days ago?  Might be worth just considering marrying in Brazil.  Petitioner could stop payment on the I-129f and withdraw the petition.

 

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.
   

 

Edited April 29, 2022 by Crazy Cat

[Boiler 43,425]

Getting married would seem to be a win win

[mdantas 1]

18 minutes ago, Crazy Cat said:

Was the I-129f just sent a couple days ago?  Might be worth just considering marrying in Brazil.  Petitioner could stop payment on the I-129f and withdraw the petition.

 

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.
   

 

We chose the k1 because it was told that the cr1 could take up to two years of processing. Not sure if this is still going on though! 

In any case now we already spent the money  and effort with this application and I'd like to check what we could do considering the situation we're already in. 

 

Thanks for the help anyway! :)

 

[mdantas 1]

9 minutes ago, Boiler said:

Getting married would seem to be a win win

We already applied for the k1, so I'm wondering what to do in this case

[Timona 3,937]

2 minutes ago, mdantas said:

We chose the k1 because it was told that the cr1 could take up to two years of processing. Not sure if this is still going on though! 

In any case now we already spent the money  and effort with this application and I'd like to check what we could do considering the situation we're already in. 

 

Thanks for the help anyway!

 

 

They're only 4 months apart..

I would go with CR-1...

 

You can marry in Brazil and file CR-1. When you file, you can ask them to withdraw K-1..

 

 

But think carefully... @Crazy Cat gave a good breakdown....I would take 4 month extra but be able to work as soon as I pass CBP at the airport 

[mdantas 1]

Guys, thank you for the advice! 

However, we already started the k1 process, no going back from here unfortunately.

 

My question is if getting a stable union in Brazil would cause any trouble for the k1 visa? The only reason to get the stable union would be to add him to my health plan while he's here.

Edited April 29, 2022 by mdantas

[Dashinka 23,234]

7 minutes ago, mdantas said:

Guys, thank you for the advice! 

However, we already started the k1 process, no going back from here unfortunately.

 

My question is if getting a stable union in Brazil would cause any trouble for the k1 visa? The only reason to get the stable union would be to add him to my health plan while he's here.

We understand that, but keep in mind these suggestions are coming from experience working with others that completely regretted the K1 route due to the back end issues after US arrival and adjustment of status.  It used to be that K1 was preferred by many as it was processed faster allowing for earlier entry into the US and the AOS/EAD/AP submissions after marriage were not taking to long.  Now AOS/EAD/AP are taking up to a year (for AOS) and more than 8 months (for EAD/AP) leaving the now immigrant spouse with a lot of limitations related to working, traveling back to see the family, etc.

 

That being said, it is still your decision, but if you search here on VJ, you will find many examples of couples that started with the K1, and then switched to the spousal visa after learning the current processing times, or the pros/cons.

 

Good Luck!

[Boiler 43,425]

K1 is a very expensive option, back to your question you can be too married for a K1 but not married enough for a CR1.

[mdantas 1]

Thanks everybody.

[Rocio0010 5,562]

It's a risky situation, you could potentially be seen as too married for a K1 and be denied at the discretion of the officer. You're not too far ahead into the process in order to marry, file for CR1 and withdraw the K1. That way, you could add him to the insurance and there is no second guessing when it comes to the visa validity. People regret left and right doing the K1

[mdantas 1]

6 minutes ago, Rocio0010 said:

It's a risky situation, you could potentially be seen as too married for a K1 and be denied at the discretion of the officer. You're not too far ahead into the process in order to marry, file for CR1 and withdraw the K1. That way, you could add him to the insurance and there is no second guessing when it comes to the visa validity. People regret left and right doing the K1

Okay, thank you!

[JeanneAdil 6,191]

1 hour ago, mdantas said:

We chose the k1 because it was told that the cr1 could take up to two years of processing. Not sure if this is still going on though! 

In any case now we already spent the money  and effort with this application and I'd like to check what we could do considering the situation we're already in. 

 

Thanks for the help anyway! :)

 

k1 will take just as long 

it is no longer the fast way

and CR 1  is cheaper in long run

 

cancel the check for payment and restart with CR1

[Soksboy 13]

As has already been mentioned several time, K-1 is more expensive than CR1.

 

If you switch to the CR1, you will come closer to the cost of going through with K-1.

 

This early in the process, I think you should calculate the effort involved in terms of cost, time, processes and proceed as you think fit.

 

If a "stable union' is used to get benefits as a married couple, then I think you are walking too close to the line for comfort.

Search the forum, some people had engagement parties and were considered too married for K1. Stable union sounds even more than engage especially with what you plan to use it for.

 

My 2 cents .... no stable union

[Bob in Boston 619]

Find out what the legal definition of a "Stable Union" is in Brazil and go from there. Run that definition by us here and see what the opinion is.