Spouse Visa

[BucBud]

Quick question:
I had a buddy of mine ask me about a "spouse visa" - (he knew I had been across the pond twice) now I KNOW I read somewhere that you need to live with your spouse in her country for a year (??) before the application.
Rather than telling him to "Google it", I did it myself, and can find no definitive information on this requirement.
If it is not a requirement, then what is to prevent we "in search of" people from marrying the woman in her country and then applying for the visa (which I understand they have to grant unless she is "undesirable") --
I know this topic has been rehashed on other boards, but after a cursory search, I can't find the threads I was looking for, so thought about another post here.
I know the consensus of opinion is that it is a bad idea to marry her first and then start the spousal visa process as opposed to the K1, but for the life of me I can't remember why.
Am I losing it??
Thanks for the patience
BUC
 

[bgreed]

Bucbud youv'e got a couple of different fact strung together about different visas and their requirements.

When it comes to spouse or relative visas, here we want to think of them combined.  The K-3 better known as a spousal visa was originally put in place to make it faster for someone who has married someone from another country to have their spouse join them here in the stattes while they await adjustment of status (AOS).  You can apply for such a visa immediately after getting married there is no waiting period except the God awful time it takes USCIS to process paperwork.

CR-1 This is actually an immigration visa mean that the beneficiary fully intends to immigrate to the US as the relative of a US Citizen (USC) There is the same paperwork up front fees are the same takes maybe a little longer than a K-3 (though current timelines are almost exactly the same.) Advantage is that she would not have to adjust status upon her arrival in the US (save that $1010 fee) also she would have her green card and SS# withing just a few weeks of arrival.

DCF, This is one where you have to live in country as a non-tourist for one year before you cna apply for it.  Those lucky enough to get in under the wire before they suspended it last spring and changed the rules were able to get their spouse here in about 60-90 days.  For most of us this is not an option amymore.

Those are three types of spousal visa that we in this pursuit will be using.  For my wife and I we went the CR-1 route for the following reasons

     1.  Had to file two petitions one for her and one for her son current fee is
          $355.

     2.  Processing time is about the same as for a k-1 or K-3

     3.  Upon her approval (nothing is guaranteed) we will not have to
          adjust status $1010 ea

     4.  She will arrive fully approved and will have her green card and SS#
          within a few weeks.  One case I know of his wife had hers within two
          weeks after arrival.  Then it is just a matter of waiting two years for
          to apply for removal of conditions and she can get her ten year card.
          or in three years from the time she gets her green card she can take
          the classes and the test to become a US citizen.
 
Hope this answered some of your questions.

[BucBud]

Thanks for the info.
Now I wonder why this CR-1 has not been discussed before, it's the first time I've heard of it. Seems to me that if one is deadly serious about a specific lady, then it would be the way to go. With the filing fees for AOS after she gets here on a K1 or K3, the fees may even out in the end (I haven't researched it) -- and if the timeline is about the same, why not?? - may I cut and paste your answer in an e-mail and send it to him?? (actually I didn't know til yesterday that he was even contemplating this endeavor)
So, if I understand you correctly, you can go to a foreign country, marry the girl of your dreams, and apply immediately for a CR-1 visa? At this point, she is immediately eligible for all the "bennies" afforded to a K1-K3 visa holder only after the AOS papers are acted on (??)
Doesn't this lead to the logical conclusion that someone could get paid to marry some bimbo and get her into the US as a legal immigrant?
I would think that USCIS or whoever would have this possibility covered (??)
Curiouser and Curiouser - I need to do some more research here *S*
Thanks again
BUC
 

[bgreed]

No problem with the cut and paste Bucbud.  Actually the CR-1 visa is less expensive because there is no AOS fee.  Only the same filing fee as for a K-1, K-3.  Only real difference is that you have to provide a little more financial info.  And just like K-1, k-3 you have to provide evidence of an ongoing relationship i.e. emails, postal letters, photos, affidavits, marriage certificate, boarding pass stubs, etc.

If you want more detailed information a good place to go is www.visajourney.com it's not totally complete but a very good place to start. As well it is a forum for folks going through this process not only from FSU countries but all over the world.

Best of luck
Gregg