Crazy Cat

Thanks for the info.

Where is the beneficiary for your case right now?

Your option is consular processing since you are outside the US. A person cannot enter the US as a visitor with the intent to adjust status.

***One comment edited by VJ Moderation to remove an unapproved link****

A person cannot enter the US as a visitor with the intent to stay and adjust status. Adjustment of status via an I-485 is not available to anyone currently outside the US (except for a K-1).

***Moved to the Russia/Ukraine/Belarus regional forum****

That just isn't true if you are currently an employee. The most important pieces of evidence are those which show CURRENT income. If in doubt, get a well qualified joint sponsor.

You might have to re-think that plan. The Consulate Officer will probably want evidence that you either actually live in the US or that you have made concrete steps as intent to actually live in the US. Sometimes, sponsors have to move before the beneficiary. I don't see any evidence of domicile in what you have posted.

Marriage does not cure all fiance case denials. More information needed.

Welcome to Visa Journey!! Sounds like very good information from that attorney. This is my analysis: 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. ****I moved this topic to the "What Visa Do I Need?" forum****

Sounds like you don't actually live in the US. If true, you cannot sponsor a beneficiary. Domicile proof requires evidence of actually residing here.....or concrete steps in re-locating to live here.

The process is going to take about 18 months. ESTA???

You can make visits during the process, but you cannot live in the US without a proper visa. One is option is to marry, meet, then start the spousal visa process. You are fortunate that you are close enough for short visits during the process of immigration....which is legal. You might find it to be a better option than a 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 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.

***Another new topic merged*** @Mr Trav, Please keep questions concerning this case to this thread***

Unbelievable...30 days while other legal applicants wait 3 to 8 months......

***Topic locked at the request of OP***

Correct. However, OP said "He's been a heavy user for over half his life so it's been difficult for him to stop." I don't expect quitting will be easy for him. A year is a long time to stay clean without a lot of support.

***Hijack question split to new topic*** -VJ Moderation

****Topic split from existing thread****

***Old thread locked to further comments****

Are you the beneficiary or petitioner?

I assume you have a valid, unexpired 10 year Green card: 1. Zero. You will be admitted. They might ask questions. Be ready to show how you always meant to return. I don't think Covid excuse will work. 2. NTA is very unlikely, imo. We have seen people stay outside the US longer. Other advice: I would not delay.

***Moved to Work Visas Forum***

I do not like that FBAR and foreign asset reporting stuff. It's a hassle, imo.

Excellent points......