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K-1 or CR-1 and work permit question

K-1 or CR-1 and work permit question

Old Apr 26th 2019, 4:06 am
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Default C1/D and marriage

Hi all,

I’m not sure of the answer to this but I hold B1, B1 and C1/D US Visas as I work as cabin crew.

I'm going to be marrying my girlfriend pretty soon (unless it would negatively affect her financially) so a couple of questions-

When putting the paperwork together, am I ok to use my Crewmember visa visits where I have seen her as evidence? I have 10 visits just to see he on the past 4 months. Also would they be weighted less as although they are on my I-94, they were for different purposes?

Also, would there be any immigration related issues if we were to marry whilst on a C1/D entry? We are just considerig a small wedding pretty much just getting the paperwork signed but not sure yet.

Also, in terms of financials, when we marry and I am out of the country whilst my CR-1 is processing, how does that affect her taxes and filing them?

In in terms of financial aid, she is studying at college at the moment and qualifies for a Pell Grant. Does anyone know if my income being UK income and UK taxed is considered on this as we are worried that she would be ineligible for it if my income was counted? Basicallly does my income count for anything as it’s overseas?

Im thinking of purchasing a car in Florida where she lives- she doesn’t have one currently so I was going to buy something cheap to cut down on renting every single time I visit. As a non US resident, can I get the car registered to me in FL?

Also in terms of vaccinations, I noticed for British citizens you don’t need many. Does this mean that if you had everything you are supposed to have as a child, you should be covered? And how long does it usually take from sending the paperwork off for the CR-1 to booking your medical? I have a horrible fear of needles and want to avoid flu season if possible so I don’t need to get that injection! I’m scared enough about having a blood test done!

Move seen some posts saying showing a photocopy of entry stamps from my passport in the original petition is good as it shows I’ve been there- I don’t tend to get this as a crewmember and I use this to visit. Can I use the I-94 printout for this same? Also what else can I use? I have loads of photos but I don’t have boarding passes or hotel reservations because again, crewmember trips, anything else I should include?

Thanks so much!

Jack

Last edited by jack172; Apr 26th 2019 at 5:13 am. Reason: Found answer to original question
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Old Apr 26th 2019, 7:05 am
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Default Re: K-1 or CR-1 and work permit question

Also, does the sponsor have to show financial sponsorship for the CR-1 as you arrive in the US with the green card?

thanks again!

Jack
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Old Apr 26th 2019, 11:44 am
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Default Re: K-1 or CR-1 and work permit question

Hi and welcome to BE.

Your thread title mentions both K-1 and CR-1, but your post diesn't really say which one you're planning on, although it sounds like the CR-1, is that correct?

The requirements are different between the two visas.

Your questions about taxes and buying a car should be posted in the general USA forum. This forum is for visa process questions only.

Assuming CR-1 visa:
- You don't need to prove you've visited her at all.
- She will be your financial sponsor. If you have income that will continue inside the USA, it can be counted. After marriage, your assets are joint and can be used. If she doesn't qualify financially, a joint sponsor can be used. See www.uscis.gov, form I-864 for details.
- I believe you can get married in the USA on whatever visa you arrive on.
- It takes about 12 to 14 months to complete the whole CR-1 process. The medical happens toward the end of that time.

Rene

Last edited by Noorah101; Apr 26th 2019 at 11:47 am.
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Old Apr 26th 2019, 11:47 am
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Default Re: K-1 or CR-1 and work permit question

When putting the paperwork together, am I ok to use my Crewmember visa visits where I have seen her as evidence? I have 10 visits just to see he on the past 4 months. Also would they be weighted less as although they are on my I-94, they were for different purposes?
Being in the US on a visa doesn't really prove you have an ongoing relationship. Photos, anything with both of your names on it etc is far more useful.

Also, would there be any immigration related issues if we were to marry whilst on a C1/D entry? We are just considerig a small wedding pretty much just getting the paperwork signed but not sure yet.
You are free to marry if you are in the US in a legal status, as long as your intention upon entry is not to adjust your status and remain in the US.

Also, in terms of financials, when we marry and I am out of the country whilst my CR-1 is processing, how does that affect her taxes and filing them?
She will have to file as 'Married filing seperately' and declare that you are a non-resident alien. It won't affect her at all.

Does anyone know if my income being UK income and UK taxed is considered on this as we are worried that she would be ineligible for it if my income was counted? Basicallly does my income count for anything as it’s overseas?
See above

Im thinking of purchasing a car in Florida where she lives- she doesn’t have one currently so I was going to buy something cheap to cut down on renting every single time I visit. As a non US resident, can I get the car registered to me in FL?
Not sure about FL, but how do you propose to insure the vehicle when you don't live in the US? Not sure an insurer would do so, and I'm sure it's illegal to have an uninsured vehicle unless it is declared non-functional.

​​​​​​​Also in terms of vaccinations, I noticed for British citizens you don’t need many. Does this mean that if you had everything you are supposed to have as a child, you should be covered? And how long does it usually take from sending the paperwork off for the CR-1 to booking your medical? I have a horrible fear of needles and want to avoid flu season if possible so I don’t need to get that injection! I’m scared enough about having a blood test done!
You're likely to need at least a couple, but this may have changed in the last few years. If by 'send off the paperwork' you are referring to the initial I-130 application, then you are looking at probably 9-11 months. The whole process currently takes 12-15 months.

​​​​​​​I have loads of photos but I don’t have boarding passes or hotel reservations because again, crewmember trips, anything else I should include?
Records of ongoing communication over months.

Also, does the sponsor have to show financial sponsorship for the CR-1 as you arrive in the US with the green card?
Absolutely. See the I-864P. If your future spouse does not qualify, you will need a joint sponsor. They can be a US Citzen or GC holder, as long as they are resident in the US and meet the income/asset criteria. They do not need to be a relation.
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Old Apr 26th 2019, 1:58 pm
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Default Re: K-1 or CR-1 and work permit question

Originally Posted by civilservant View Post
You are free to marry if you are in the US in a legal status, as long as your intention upon entry is not to adjust your status and remain in the US.
You do not have to be in legal status to marry inside the US. Your visa status is not part of the questionnaire for a marriage license or for the marriage ceremony itself. Even illegal immigrants in the US can marry, which happens often.
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Old Apr 26th 2019, 2:10 pm
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Default Re: K-1 or CR-1 and work permit question

Thanks so much everyone. Yes, definitely going for the CR-1. I made a different post then found all the answers so I edited this one- looks like the title edit didn’t work.

all your advice is brilliant and really appreciated.
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Old Apr 26th 2019, 2:53 pm
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Default Re: K-1 or CR-1 and work permit question

Originally Posted by jack172 View Post
Also, does the sponsor have to show financial sponsorship for the CR-1 as you arrive in the US with the green card?

thanks again!

Jack
No, you don't need the joint sponsor's financial paperwork when you are examined at the POE. It is only to be shown to the Consular Officer at the CR-1 interview at the US Consulate/Embassy.

Minor point, you will not enter the US with a green card. You will enter the US with an approved visa. After the documentation is verified at secondary (sometimes it is done directly at the clearance booth), your passport will be stamped with an I-551 which is the paper green card which will be good for one year. Within the next year (usually a few weeks/months after entry), you will receive the actual 'plastic' green card in the US Mail at the address you have given them. The stamp will allow you to live and work in the US. All you need at that point is your social security card. You can ask for the SS card on the paperwork for the CR-1/IR-1 but if it is not received in a timely manner, you can go to the local social security office and ask about its whereabouts. If not found, you can apply for the SS card at that time.
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Old Apr 26th 2019, 3:00 pm
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Default Re: K-1 or CR-1 and work permit question

Originally Posted by Rete View Post
No, you don't need the joint sponsor's financial paperwork when you are examined at the POE. It is only to be shown to the Consular Officer at the CR-1 interview at the US Consulate/Embassy.

Minor point, you will not enter the US with a green card. You will enter the US with an approved visa. After the documentation is verified at secondary (sometimes it is done directly at the clearance booth), your passport will be stamped with an I-551 which is the paper green card which will be good for one year. Within the next year (usually a few weeks/months after entry), you will receive the actual 'plastic' green card in the US Mail at the address you have given them. The stamp will allow you to live and work in the US. All you need at that point is your social security card. You can ask for the SS card on the paperwork for the CR-1/IR-1 but if it is not received in a timely manner, you can go to the local social security office and ask about its whereabouts. If not found, you can apply for the SS card at that time.
Thanks, yeah I wasn’t overly clear about that question- middle of the night, shattered, couldn’t sleep so posting here instead.

I had meant that because you have right to work form the moment you landed, I wasn’t sure if financial sponsorship was required as I was thinking that was for the K-1 and other classes where you don’t get immediate right to work, however I wasn’t mistaken there.

So to clarify, when doing the paperwork and sponsorship, as we are married, can my income be included in the annual income or not?

Thanks!
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Old Apr 26th 2019, 3:07 pm
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Default Re: K-1 or CR-1 and work permit question

I had meant that because you have right to work form the moment you landed, I wasn’t sure if financial sponsorship was required as I was thinking that was for the K-1 and other classes where you don’t get immediate right to work, however I wasn’t mistaken there.

So to clarify, when doing the paperwork and sponsorship, as we are married, can my income be included in the annual income or not?
That's exactly how I interpreted your question, and responded appropriately. Don't worry about Rete, she's far too literal.

This is a different question though, and the answer is no unless it will continue from the same source after you have come to the US permanently.
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Old Apr 26th 2019, 3:08 pm
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Default Re: K-1 or CR-1 and work permit question

Oooo! also!

As has been mentioned above, we would be filing taxes as ‘married filing separately’ So, once we get married, even though I don’t live in the US, would I be required to file my own taxes as someone married to a US citizen?

Thanks for all your help!
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Old Apr 26th 2019, 3:10 pm
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Default Re: K-1 or CR-1 and work permit question

No. You are a non-resident alien and, until you move there, not subject to US taxes unless you spend more than 180 days there in the tax year.
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Old Apr 26th 2019, 3:14 pm
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Default Re: K-1 or CR-1 and work permit question

Originally Posted by civilservant View Post
That's exactly how I interpreted your question, and responded appropriately. Don't worry about Rete, she's far too literal.

This is a different question though, and the answer is no unless it will continue from the same source after you have come to the US permanently.
Oh, I didn’t take offence, I just reread it and confused myself for about 10 minutes about what I was asking so thought I probably should rephrase... Doesn’t take much to confuse me at all.
I love Rete’s advice. I trawled the forum last night and saw so much good advice from her

Okay, so you don’t have to file unless you’ve been in the US at least 180 days a year... is that whilst earning money, or if I was in the US on any visa category, would that count? As with my job, and visiting my wonderful girlfriend, it is highly possible that I could have 180 days in the US as a combination of B1, B2 and C1/D visits.

thank you so much!
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Old Apr 26th 2019, 3:21 pm
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Default Re: K-1 or CR-1 and work permit question

Another thought... When I move over, what is the best way to protect my wife’s credit score? I know I will start fresh with no credit score in the US. Is this liable to bring hers down significantly once we marry? And if so what is the best way to stop hers dropping or dropping as little as possible?

thanks again!
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Old Apr 26th 2019, 3:27 pm
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Default Re: K-1 or CR-1 and work permit question

Okay, so you don’t have to file unless you’ve been in the US at least 180 days a year... is that whilst earning money, or if I was in the US on any visa category, would that count? As with my job, and visiting my wonderful girlfriend, it is highly possible that I could have 180 days in the US as a combination of B1, B2 and C1/D visits.
Physical presence is all that matters.

When I move over, what is the best way to protect my wife’s credit score? I know I will start fresh with no credit score in the US. Is this liable to bring hers down significantly once we marry? And if so what is the best way to stop hers dropping or dropping as little as possible?
Your credit score (or lack thereof) will have no bearing whatsoever on your wifes. In fact she can help you when you get an SSN by adding you to her card as an authorized user.
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Old Apr 26th 2019, 3:30 pm
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Default Re: K-1 or CR-1 and work permit question

Originally Posted by civilservant View Post
Physical presence is all that matters.



Your credit score (or lack thereof) will have no bearing whatsoever on your wifes. In fact she can help you when you get an SSN by adding you to her card as an authorized user.
thanks so much!
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