Crazy Cat

That would be a question for the Madrid consulate.

Remember that an I-130 gives no rights to stay in the US, or work in the US. That would take an I-485 for the new marriage or an approved I-751 from the first divorce waiver.

Apply for a new I-130 from a NEW husband while waiting for an I-751 waiver with the 1st marriage? I think you're asking for extreme scrutiny. This could be seen as a marriage for immigration purposes.

Have you asked your attorney these questions? With the new administration, this is not the time to be out of status if your I-751 is actually denied.

I think that, until the denied I-751 is resolved, your immigration path will be difficult. Even an approved I-130 gives no immigration rights.

Yep. I used a calculator which, if I entered everything correctly, the DS-260 was submitted 5 months after a visa became available....which should be fine.....but I am no expert in this area. and the adjusted age was well below the cutoff.

May I recommend that the US citizen join us here for this and future conversations.

The more personal time together, the better. However, there is nothing wrong in starting the process soon after marriage. Study the guide and become an "A" student on the process and the forms. You'll avoid potential problems along the way. "The US Immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money"- quote from GB (Carzy Cat), VJ Moderator

Not in itself. You will have 1 to 2 years to visit more and gather evidence of a bonafide marriage before the visa is issued.

Things to remember: 1. A K-1 is for unmarried couples. 2. A CR-1/IR-1 would be for married couples. 3. A person can come to the US as a visitor and marry. However, a person cannot come to the US as a visitor to marry and stay (Adjust Status) (except a K-1). Good Luck.

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.

Meaning I put both your questions together to preserve context. Otherwise, you would have answers scattered in different threads.

***Similar /duplicate topics merged***

Visa category? Ages of derivatives? Marital status of derivatives?

There is never a waiting period for IR-2 cases to become current.

Priority dates for immediate relatives of US citizens are immediately current. These would be IR-2.

Yes. They will not get interviews until the priority dates are current.

F2A cases with a priority date of 1 Jan 2022 are just now becoming current. You could be looking at a few more years for the F2A interviews. @Boiler, @appleblossom, @OldUser, what do you think?

What is the I-130 priority date for the F2 cases?

Be aware that there is at least one case where the person who requested an I-131 was denied entry into the US because she had never really lived in the US prior to the re-entry document being issued. Something to be aware of.

***Related topic threads have been merged***

It seems you are doing a great deal of research. Just be aware that benefits are sometimes not as apparent as you might think. You are already living together. Having a Green Card immediately upon arrival in the US has big advantages. Final thought: I have seen many, many K-1 couples regret their decision. On the other hand, I have seen only 1 or 2 couples regret a spousal visa. Good luck on your journey from 70+ year old codger. BTW, she can start getting spousal SS benefits after 1 year of marriage (assuming she is 62+)....Doesn't require citizenship.

Maybe not. The clock for citizenship starts when she receives a Green Card. I think your estimates for a K-1 are unrealistic. Then, you have to add a year or more for her to obtain a Green card. 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.

It is valid for 5 years...No need to renew until then.