# Seeking advice regarding relocating to USA



## SERW (Jun 5, 2010)

Hello and thank you for contributing to this site, it has already been very helpful regarding parts of my questions. 

Our situation is a little complicated, yet maybe less than some of the other experiences I've read through here so far, here are the facts: 

I have dual citizenship / nationality: German / American and carry both passports (born to an American father serving the US Military in Germany and a German mother). 

I'm born in Germany and I've grown up in Germany (bi-lingual) - so I was never a permanent resident in the USA, only visited a few times on my US passport. 

My girlfriend (of 6 yrs) is of Romanian nationality. 

We are currently residents of Spain, living on the Canary Islands (since 2007). No Problems here as no Visa was required (both EU country citizens).

We would love to move to the United States together within the next 3 years and live there.

I'm self-employed / own my own internet-related company so I'm not looking for work, it would be good if my girlfriend / (soon-to-be wife) could legally work in the USA as well though.

Marriage is obviously an option and from what it seems the most logical one (no, we're not only marrying for her Visa  ) my question is this: 
Do we best go the Fiance-Visa (K1) route and we marry in the USA, or do we marry here in Spain and we go the Visa for a Spouse (IR1 / CR1 / K3 ?) route? 

I'm not really sure what are the advantages and / or disadvantages to either of them and what would work best, keeping the slight complication in mind of her being Romanian but it would all go through the US Embassy in Madrid since we're living in Spain... 

My US Passport needs to be renewed (again) by the end of 2013, by then I would obviously like to already live in the USA to not do this through an embassy / consulate again. So I figure we have about 2 1/2 years to get all this sorted. 

Thank you very much in advance for taking the time to answer me. 

Steve


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## Fatbrit (May 8, 2008)

SERW said:


> Hello and thank you for contributing to this site, it has already been very helpful regarding parts of my questions.
> 
> Our situation is a little complicated, yet maybe less than some of the other experiences I've read through here so far, here are the facts:
> 
> ...


Best bet is the CR1 route -- less paperwork than K1 or ridiculous K3, and cheaper, too. The IR1 would be a squeeze given your time line -- but maybe possible. Since the application is the same for both, I suppose it's irrelevant anyway -- you'll get an IR1 if you've been married two years or more at the time of issue of the immigrant visa, and a CR1 if you haven't. The CR1 needs more paperwork 21 months after you arrive.

There are two methods of initial application for the IR1/CR1 immigrant visa -- filing through the local consulate or National Visa Center in the US. Out of the UK the general time lines are 6 months from initial application to visa issue for the former and 10 for the latter -- no idea of Spain so you'll have to do some Googling. The visa is a one-shot deal so you'll need to move over within 6 months of issue.

Possible red flag on the application is your "intent to domicile". You will need to show that you intend to live in the US. This is easier said than done.


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## SERW (Jun 5, 2010)

Fatbrit said:


> Best bet is the CR1 route -- less paperwork than K1 or ridiculous K3, and cheaper, too. The IR1 would be a squeeze given your time line -- but maybe possible. Since the application is the same for both, I suppose it's irrelevant anyway -- you'll get an IR1 if you've been married two years or more at the time of issue of the immigrant visa, and a CR1 if you haven't. The CR1 needs more paperwork 21 months after you arrive.
> 
> There are two methods of initial application for the IR1/CR1 immigrant visa -- filing through the local consulate or National Visa Center in the US. Out of the UK the general time lines are 6 months from initial application to visa issue for the former and 10 for the latter -- no idea of Spain so you'll have to do some Googling. The visa is a one-shot deal so you'll need to move over within 6 months of issue.
> 
> Possible red flag on the application is your "intent to domicile". You will need to show that you intend to live in the US. This is easier said than done.


Thank you for your input Fatbrit. 

I've figured I would have to establish my permanent residency in the US before I could send in the petition (I-130) for the CR1 Visa - from your post I'm not so sure anymore? 

I've figured I need to move there first, rent a house, get my residency card and file back taxes to establish my net worth for the I-864 (Affidavit of Support), then file the petition I-130 because of this passage in the description of the CR1 on travel.state.gov: 



> Is Residence in the U.S. Required for the U.S. Sponsor?
> 
> Yes. As a U.S. sponsor/petitioner, you must maintain your principal residence (also called domicile) in the U.S., which is whereyou plan to live for the foreseeable future. Living in the U.S. is required for a U.S. sponsor to file the Affidavit of Support, with few exceptions. To learn more, review the Affidavit of Support (I-864 or I-864EZ) Instructions.


I guess you are thinking we might fall under the "with few exceptions" remark? 

Could you elaborate on your last passage, please? 

Thank you,
Steve


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## SERW (Jun 5, 2010)

I'm currently researching "Direct Consular Filing" DCF - I guess this is what you've meant?


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## SERW (Jun 5, 2010)

Regarding "intent to domicile": 



> 15. Country of Domicile. This question is asking you to indicate the country where you maintain your principal residence and where you plan to reside for the foreseeable future. If your mailing address and/or place of residence is not in the United States, but your country of domicile is the United States, you must attach a written explanation and documentary evidence indicating how you meet the domicile requirement. If you are not currently living in the United States, you may meet the domicile requirement if you can submit evidence to establish that any of the following conditions apply:
> 
> A. You are employed by a certain organization. (lists organizations on the I-864)
> 
> ...


I guess I fall under category C. then, as the whole purpose of the Visa is to go and live in the US together, only that I would not re-establish my domicile, but actually establish it for the first time... researching more about that now.


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## Fatbrit (May 8, 2008)

SERW said:


> I've figured I would have to establish my permanent residency in the US before I could send in the petition (I-130) for the CR1 Visa - from your post I'm not so sure anymore?
> 
> I've figured I need to move there first, rent a house, get my residency card and file back taxes to establish my net worth for the I-864 (Affidavit of Support), then file the petition I-130 because of this passage in the description of the CR1 on travel.state.gov:


You don't need a "residency card" -- you're a citizen.
But you will need to back file your taxes for the last 3 years.
Moving out first would be easier to establish domicile.....but it isn't necessary. Some people do the "somewhere to live" thing by simply showing that they've secured the services of a realtor .





SERW said:


> I guess you are thinking we might fall under the "with few exceptions" remark?


You will. You need to document you're planning to live somewhere, earn money in the US somehow, etc.


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## Fatbrit (May 8, 2008)

SERW said:


> I'm currently researching "Direct Consular Filing" DCF - I guess this is what you've meant?


DCF is a term used on boards describing the process of filing the I-130 directly at the consulate rather than to the National Visa Center in the US. However, note that it is not a term that a consular officer would use or even understand.


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