Crazy Cat

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. 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 suggest she join us here for this conversation. I also suggest you both study the I-134 and I-864 instructions. Googling I-864 joint sponsor might be helpful also.

Both petitioner and beneficiary should be listed on a lease. Otherwise, it shows no cohabitation between the two people.

**One comment moved to Immigration News and Discussion as a new topic****

Overstays are forgiven for immediate relatives of US citizens during adjustment of status. Marry and start the Adjustment of Status process.

She could return to the US, get established, then go to finish her PHD. Green Card holders can remain outside the US for up to a year. @appleblossom, your thoughts?

She should file the I-130 for you asap, imo. Get the process started.

OK. Makes sense.

OK. What if the re-entry permit is denied?

How long has she been living outside the US?

Spouses of Green Card Holders with I-130s submitted in January 2022 are just now getting available visa numbers per the Dec 2024 Visa Bulletin. That could slow down considerably in the future.

She can file an I-130 for you from anywhere in the world. A re-entry permit will not likely affect that as long as she shows evidence of re-locating prior to your interview....which is years away. .

OK. She can file for a re-entry permit when she is in the US. She can file an I-130 for you at any time she wishes.

She needs to return to the US to file for the re-entry permit. She can also file an I-130 for you. It will be a few years before you can enter the US as F2A.

Under what visa category did she enter the US? When were you married? Where are you right now?

You posted "We entered the US, the main applicant and myself and changed my address at the cbp at the airport. But i read that the postal service address should be also changed. I dont know if it will be automatically changed. Thats why im asking. And im not living with my sponsor, we are living in a different state. I dont want my papers to go to the sponsor, i want them to sent to me" Where are you right now?

Your post history seems to indicate that you already are a Geen Card holder.

Did you read the link @milimelo posted? It says you must pay with cash or Safaricom, and it has K visas fee listed.

***Hijack comment split to new topic thread****

It means "Green Card holder"...that happened when his I-485 was approved.

With the next administration starting in 2 months, it's likely to get much harder. You have been unlawfully present in the US for years.

Send the I-765 back WITH a copy of the I-485 receipt when you get it. The fee for the I-765 is $260 with that receipt.

No ban since the OP is a US citizen. Be aware that she cannot work in any form or leave the US for up to 6 months or more.

***Moved to the Canada regional forum***

I would not advise anyone to remain out of status. Your risk for deportation increases every day. The risk will be much higher in exactly 2 months, imo. I agree with the others that there is no legal path for you as you described the situation. Honestly, I would strongly consider going back.