Finally Married & Our First Questions As We Start Our CR-1 Application

[AtomicUK 0]

Our first post here so please forgive any transgressions. 🙏

Some background.
After dating for 6 ½ years, my wife (American born) and myself (British born) were finally able to marry recently. 🥰

 

We are both late 50s / early 60s and had desperately wanted to reach the marriage stage sooner but endured so many personal obstacles (extreme business commitments, family death, and health related) which all prevented it sooner.

I currently have a US P-1 work visa (as I travel the world related to the entertainment business) and visit America often with my work.
This is third American P-1 related work visa issued to me in the last 10 years.

We jointly rented a US property in TX last December, where my wife has been living since and plan to live at the property one our application has been approved.
For now, I naturally retain  and live at my UK property, but when possible, have stayed with my (now) wife at the US address when a US base is needed for my work. 

Naturally, we will have many questions along our CR-1 application, but these are the first basics.

1) How UpToDate and active is the information contained here?

2) Are there other recommended accurate sources of discussion for the CR-1 application?

3) As times have changed, is filing on-line the recommended application process via  http://www.uscis.gov/?

4) We don’t believe we have any reasons that could prevent an application being approved, however, as I hold the P-1 entertainment visa, not as a musician, but as essential supporting staff, would anyone here have any experience via a similar situation with a P-1 visa, and would you in this case advise the use of a specialist attorney?

5) Although the US property is in registered in both our names and we both financially contribute to monthly payments including utilities, we don't yet hold a joint US bank account. Would that be recommended / required for CR-1 application?

Thank you in advance for any replies.

[OldUser 10,607]

11 minutes ago, AtomicUK said:

After dating for 6 ½ years, my wife (American born) and myself (British born) were finally able to marry recently. 🥰

Congratulations!

 

1) Not very up to date, but core things remain the same

3) Online filing is more convenient

4) P-1 should not affect immigrant petition

5) Not required. You need proof of ongoing relationship. Property in both names is a good evidence of bonafide marriage.

Edited September 22 by OldUser

[Crazy Cat 45,447]

44 minutes ago, AtomicUK said:

2) Are there other recommended accurate sources of discussion for the CR-1 application?

I'd say Visa Journey and official government sites are the best.

Welcome to the forums.  Your experience and input will be valuable to those who journey with you and after you.

[Boiler 48,062]

London is pretty easy and nothing you have said suggests an issue.

 

i take it she meets the I 864 requirements 

[appleblossom 5,035]

8 hours ago, AtomicUK said:

Are there other recommended accurate sources of discussion for the CR-1 application?

 

Really the only one you need is the official step by step guide - https://travel.state.gov/content/travel/en/us-visas/immigrate/the-immigrant-visa-process/step-1-submit-a-petition.html

 

And then VJ for any questions along the way.

 

Best of luck. 

[S2N 507]

Also worth noting P-1 is dual intent. Meaning that if you wanted to you are allowed to hop on a plane tomorrow, land in the U.S., and file for AOS. You have to establish that you have a foreign residence that you plan to maintain when you get the visa, but you are permitted to enter the United States with immigrant intent.

 

There are disadvantages to that route (it costs more and you can’t leave the country until they give you advanced parole or a green card), but you’re both at the age where people change plans on work, retirement, etc. and you might want to get a green card more quickly (AOS usually processes faster if you’re already in the U.S.; main advantage if you just want to get the green card done and over.)

 

CR-1/IR-1 is cheaper and less paperwork overall, but takes longer. End of the day depends on what your priorities are. P-1 doesn’t make anything more difficult. Just gives you more options than most have.

Edited September 23 by S2N

[Boiler 48,062]

He is support staff

[S2N 507]

5 minutes ago, Boiler said:

He is support staff

The one exception to the dual intent rule. Of course  

[JD2 185]

21 hours ago, AtomicUK said:

we don't yet hold a joint US bank account. Would that be recommended / required for CR-1 application?

If you need a joint account, open one, but it won't matter much.  I opened one with my wife when she only had a B1/B2.  Many banks allow it without an SSN and you may even have an ITIN so it should be easier for you.

 

21 hours ago, AtomicUK said:

is filing on-line the recommended

I really prefer paper filing.  It's just easier for me to print stuff out rather than format PDFs.

[AtomicUK 0]

Thank you so much for the replies, we really appreciate them all.

It is not possible for us to apply for a change of status as my work visa is only valid a year (6 months remain) and it only applies to this client.

If I start work for another client, I will need another new P-1 visa for that client.

We are now starting the I-130 form and filing on line.
The first question is this.

1) Where did you and your spouse last live together?

Two parts to this.
a) When needing a base while working on a P-1 visa, or when visiting her on vacation on an ESTA, I stayed with my then fiancée at her address.

b) This year as I needed to be in the US for a much longer period with my work on my P-1 work visa, so we rented a house together.
I lived there alone for a month and she visited from her home, then she took over living at the address when I left to work in Europe for four months. 

I returned to do further work in the US on my P-1 visa and have used the jointly rented address as my base when not travelling internally within the US.

My work will complete here in the next 4-5 weeks and then I will return home to my house in the UK.

The question therefore is.
Do I state that we lived together
a) at her old address for short periods and / or
b) use the current address as both our names are on the lease.
c) Or should this be answered as 'Never Lived Together'?

Thank you in advance.

[S2N 507]

US government forms are written at Grade 4 English level by law. Therefore they don’t use the word “domicile” because in 90% of cases it would confuse people.

 

You’re the 10% where it would be useful to use adult words.  Only list your legal domicile when they ask for “physical location” and if you’ve never been domiciled together say you’ve never lived together.

Edited yesterday at 12:21 AM by S2N

[pushbrk 13,876]

Looks like you lived together for at least a short time.  Enter that address and the start and end date of you both living there.  Just read carefully, interpret literally, and answer accurately.