Getting married in my fiancé’s country or USA first

[Chica10 0]

Hello! My fiancé (Argentina) and myself (USA citizen) are living in Argentina and planning on moving to The States. In the vida process, does anyone have thoughts on whether or not we should get married in one or the other countries? I know the process takes longer in the States but we run the risk of being separated for a large amount of time, and of course, we don’t want to face that option. She does have a tourist visa with five months left on it. Thoughts? Advice? Thank you! 

[SalishSea 17,920]

23 minutes ago, Chica10 said:

Hello! My fiancé (Argentina) and myself (USA citizen) are living in Argentina and planning on moving to The States. In the vida process, does anyone have thoughts on whether or not we should get married in one or the other countries? I know the process takes longer in the States but we run the risk of being separated for a large amount of time, and of course, we don’t want to face that option. She does have a tourist visa with five months left on it. Thoughts? Advice? Thank you! 

You can marry anywhere, but the CR-1 visa is definitely the way to go.   It will take up to two years.  
 

Unfortunately, since entering the US on a tourist visa with the intent to stay and adjust status is immigration fraud, separation is an inevitable part of the process for almost everyone.  

[powerpuff 6,725]

25 minutes ago, Chica10 said:

I know the process takes longer in the States but we run the risk of being separated for a large amount of time, and of course, we don’t want to face that option.

What do you mean by this?

[carmel34 3,639]

32 minutes ago, Chica10 said:

Hello! My fiancé (Argentina) and myself (USA citizen) are living in Argentina and planning on moving to The States. In the vida process, does anyone have thoughts on whether or not we should get married in one or the other countries? I know the process takes longer in the States but we run the risk of being separated for a large amount of time, and of course, we don’t want to face that option. She does have a tourist visa with five months left on it. Thoughts? Advice? Thank you! 

You can get married anywhere, as long as it is legal where you marry and you get a marriage certificate, then you start the process after marriage by filing an I-130 petition for your wife.  If you get married in the USA while she is there on a tourist visa, she will have to return to Argentina to wait out the process, which will take about two years from petition to visa interview in Argentina, give or take.  It is fraud to enter the US on a tourist visa with the intent to stay and adjust status through marriage to you, so don't even consider doing that.  The only other legal option, if you qualify, would be DCF (direct consular filing).  That could work if you have a current job offer in the US.  If you can get a US job offer, ask the US consulate/embassy in Argentina after you get married.  It is up to them whether they accept your I-130 for DCF, and if approved takes only a few months max for the spousal visa for your wife.  Some countries do not even offer DCF.  If they say no to DCF, you can minimize separation after marriage.  Just live in Argentina together while she waits for the petition and visa approval over the next two years, then travel with her when her visa is approved.  Prior to her visa interview in Argentina, she will need proof that you have maintained your US domicile, or evidence to re-establish US domicile, and IRS tax returns.  You will also need financial sponsorship if you do not have a job in the US.  Do more research and read the spousal visa guide here on VJ.  Good luck! 

Edited September 9, 2023 by carmel34

[Crazy Cat 41,978]

1 hour ago, Chica10 said:

She does have a tourist visa with five months left on it. Thoughts?

That is irrelevant as she cannot enter the US as a visitor with the intent to stay and adjust status.  Marry and start the spousal visa process. 

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 K-1 might be a better choice when 18-21 year old children are immigrating also
  In some situations, marriage can affect certain Home country benefits, making a K-1 a better choice 
  A denied K-1 is sent back to USCIS to expire
  K-1 entrant cannot file for citizenship until after having Green Card for 3 years.
  Once an I-129F has been approved, delaying the case is difficult to impossible if the need arises.

CR-1/IR-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.
  The clock for citizenship filing starts immediately upon entry to the US.
  A CR-1/IR-1 case can be delayed indefinitely at NVC if the need arises. 
   

 

 

Edited September 9, 2023 by Crazy Cat

[pushbrk 12,968]

Good answers already.  As to where to marry, you can do either, but if you marry in the USA, you would need to leave and wait out the visa process.  Mary outside the USA, you still wait out the visa process.

[Troy B 224]

I would also suggest trying to renew the tourist visa,  as the CR1 process will likely take 1-2 years.

[pushbrk 12,968]

8 hours ago, Troy B said:

I would also suggest trying to renew the tourist visa,  as the CR1 process will likely take 1-2 years.

Yes, do that BEFORE the marriage.  

[Crazy Cat 41,978]

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