a few questions for woman coming from mexico and marrying man

[tcooll77 1]

I am interested in marrying a woman from Mexico, and I live in the states. I dont know which parts of the application or if any that i should do myself or if I should use a lawyer. 

 

One thing that has caused friction is she wants to work  and someone told me that brought someone from PR that he couldnt work for  a year. She wants to when she comes here and not sit around the house all day, I dont know how that works, I see you can apply for the a work permit along with the K-1.

 

I also wouldnt know which lawyer to ask to learn about the process though i know theres many in houston.

 

is Anyone willing to talk to me over the phone thats done this?

[MalloryCat 716]

realistically, you only need a lawyer if you have a difficult case, i.e a criminal background with certain crimes on your record (look up the adam walsh act, basically anything to do with that)

if you don't and your case is simple. you can probably do it yourself after doing more research.

 

you can apply for a work permit once she arrives, but it will only be good for 90 days, unless it is done along side a I-485 (this is the greencard application, and done after you get married while she is here on the K1) and yes it can take a long time for the work permit to be approved.

 

if your fiance wants to be able to work when she arrives, i would suggest you look into the spousal visa instead of the K1.

the spousal visa is far superior as your spouse would be a greencard holder (and by default be able to work) immediately once they arrive in the states on the spousal visa. she would be able to work immediately.

you would get married before filing for the visa.

here is where you can read about the spousal visa

 

https://www.visajourney.com/ir1-spouse-visa-overview/

 

 

[tcooll77 1]

5 minutes ago, MalloryCat said:

Would we get married here or in mexico? How does that work?

 

TY

 

 

5 minutes ago, MalloryCat said:

realistically, you only need a lawyer if you have a difficult case, i.e a criminal background with certain crimes on your record (look up the adam walsh act, basically anything to do with that)

if you don't and your case is simple. you can probably do it yourself after doing more research.

 

you can apply for a work permit once she arrives, but it will only be good for 90 days, unless it is done along side a I-485 (this is the greencard application, and done after you get married while she is here on the K1) and yes it can take a long time for the work permit to be approved.

 

if your fiance wants to be able to work when she arrives, i would suggest you look into the spousal visa instead of the K1.

the spousal visa is far superior as your spouse would be a greencard holder (and by default be able to work) immediately once they arrive in the states on the spousal visa. she would be able to work immediately.

you would get married before filing for the visa.

here is where you can read about the spousal visa

 

https://www.visajourney.com/ir1-spouse-visa-overview/

 

 

 

 

[MalloryCat 716]

you can get married anywhere as long as it is a legal marriage

 

Utah has an online marriage option, this also counts, you don't have to be in the same place to use that. however, if you do the online marriage through Utah, you would have to "consummate" the marriage afterwards by meeting in person. thats all USCIS means when they say consummate lol

 

 

 

[smilingstone 597]

Spousal does seem more suited to your needs, however many EADS are approved way before the GC. Mine took little over 1 month to receive, when my GC is currently estimated at over 2 years. If she would be able to rely on public transport to get to and from work, it would be possible to go the K1 route, but it would work out more expensive in the long run.

 

Spousal visa just takes a little longer until she is able to arrive in the US to be with you, but the trade off is that she is good to go as soon as she enters.

 

I'm unsure if a K1 can do voluntary unpaid work before getting the EAD. At times when I've been unemployed in the UK, volunteering helped because it kept me busy and got me out of the house.

 

To decide if you need a lawyer or agency, you need to consider things like age difference, have you petitioned before, has she been petitioned before, do either of you have a criminal history, etc. If you met, the relationship is valid, and you can evidence this, then you are able to complete the whole process lawyer-free. In fact, people with simple cases who use lawyers or agencies often encounter problems created by using said services.

 

If you want to do the spousal, you would either get married in the US and she returns to Mexico while the spousal is processing, or in Mexico and again she stays while it processes (but visits to or from US are still possible during this time). Or you can do Utah Zoom marriage and then you must visit her to consumate marriage before filing.

 

K1 only requires a meeting between you within the past 2 years.

 

 

[Boiler 47,472]

Non EAD work would be something no one is paid for, working in a soup kitchen etc.

[Ontarkie 14,947]

~~Moved to What Visa DO I Need, from K1 P&P- As the OP is looking into options.~~

[PGA 330]

6 hours ago, tcooll77 said:

I am interested in marrying a woman from Mexico, and I live in the states. I dont know which parts of the application or if any that i should do myself or if I should use a lawyer. 

 

One thing that has caused friction is she wants to work  and someone told me that brought someone from PR that he couldnt work for  a year. She wants to when she comes here and not sit around the house all day, I dont know how that works, I see you can apply for the a work permit along with the K-1.

 

I also wouldnt know which lawyer to ask to learn about the process though i know theres many in houston.

 

is Anyone willing to talk to me over the phone thats done this?

First (something I always recommend to people), offer to move to Mexico and see how that plays out. Other than that, I have some questions: have you ever met her in person? How did you meet? How long have you known her? Do you have any legal issues in your past? Does she? Does she have any prior travel history? Does she have a record of overstays of her visa anywhere (US particularly)? That is all important information to better judge the situation.

[Cathi 5,849]

CR-1 (spouse) visa, she'll be able to work right away, it's also a lot less expensive than a K-1. You do not need an attorney unless you have a difficult case, this is a DIY site the majority of us have not used attorneys. In fact, my husband and I had several so-called "red flags" and many here thought it would be an uphill battle for us. I did everything on my own, from filing the original petition-up to and including naturalization and we never had so much as a single RFE at any point in his journey. If I can do it on my own, you can. Attorneys are expensive and a lot of the time, they actually slow down the process. Good luck.

[TBoneTX 47,504]

An option other than do-it-yourself or retaining an attorney is to use a service.  One of our highly reliable VJ partners is:

https://www.visajourney.com/partners/platinum-immigration-services/

 

I have no conflict of interest in making this recommendation.

[tcooll77 1]

Im trying to gather information before or so i dont have to consult an attorney.

 

I would be potentially marrying a mexican woman living in mexico currently that has never broken the immigration laws in the USA.  she has a visa to vacation here as well. She has been here 3-4 times and left and i have visited her 5-6 times over the past year. 

 

I live in the states and I have a few questions

 

 

1.)What is the most ideal situation? CR1 or K-1?

2.) Is it best we get married  first?  if yes, where?

3.) After marriage does she go back to her life or can she stay here within the current visas timeframe?

4.) Can she work with the K-1? Can she work with the cr-1?

[Crazy Cat 44,445]

@@@Similar topics merged.  Please discussion under this thread****

1 hour ago, tcooll77 said:

1.)What is the most ideal situation? CR1 or K-1?

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 3-6 months) 
  Spouse can not work until she/he receives EAD (approx 3-6 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.
Current Presidential executive order (travel bans) don't allow K-1 visa holders from some countries to enter the US.

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. 
Current Presidential executive order (travel bans) exempt immediate relatives of US citizens.
   

 

[tcooll77 1]

Thank you, im still not understanding.

Does she stay in mexico after the marriage? how long after application is submitted is the wait time?  we arent in a rush however I am curious ( i know they are busy as well)

 

 

[OldUser 9,906]

16 minutes ago, tcooll77 said:

Thank you, im still not understanding.

Does she stay in mexico after the marriage? how long after application is submitted is the wait time?  we arent in a rush however I am curious ( i know they are busy as well)

 

 

I-130 takes 13-17 months plus some time to get case from USCIS to NVC to embassy and go through interview.

 

On a good side, the moment she enters the US on immigrant visa, she's LPR who has freedom of working and travelling internationally.

 

If you were to take fiance route, she can enter the US a bit quicker, but will be stuck potentially for over a year without ability to work or travel internationally.

 

Edited June 21 by OldUser

[Crazy Cat 44,445]

17 minutes ago, tcooll77 said:

Thank you, im still not understanding.

Does she stay in mexico after the marriage? how long after application is submitted is the wait time?  we arent in a rush however I am curious ( i know they are busy as well)

 

 

K-1 fiancee Visa

You submit an I-129F

She remains outside the US until K-1 visa is issued (She could visit if she has a tourist visa) during the process.

When the K-1 visa is issued, She enters the US, marries, and stays

Average Total time (according to other VJ members) from application until visa in hand is 294 Days

 

CR-1 Spousal Visa

You and she will marry (Utah online marriage or outside the US)

You and she meet either during or after the marriage ceremony

You submit an I-130

She remains outside the US (except for visits if she has a tourist visa) during the process

When CR-1 visa is issued, she enters the US as a Green Card Holder

Average Total time (according to other VJ members) from application (I-130) to visa in hand is 642 Days

 

See the advantages and disadvantages I posted earlier.

 

Edited June 21 by Crazy Cat