Cr-1 Vs K-1 visa

[goobies 79]

Please, I am already fully aware of the requirements for both of the mentioned visas.

However, I do not know which one is best for our case.

We have lived together for a little over a year, in Uganda. I am the USC, and I have been living in Uganda since 2012.

As of now, we are not married. However, I have read on other threads that co-habing in an African country can be considered being married. On rent receipts and contracts, we are listed under one family name. Also on medical bills....my first name with his family name. We have called each other husband and wife on facebook and in phone calls (I came to the US specifically to apply for a visa and work to save up some money).

Now, I am worried that the CO may accuse us of being married, and so we have been discussing getting married in Uganda, and then applying for the CR-1. CR-1 seems a lot more intimidating than the K-1, and I am wondering if we are more likely to be denied a marriage visa than a fiancee visa. Keep in mind that I have been living in Uganda, and therefore not making much money at all. In fact, I have not had an income, but have been doing internships where I get free housing and food, as well as a small living expenses allowance. Over the past 4 years, I have not even made $2,000 in total from the allowances. I have come back to the US to work three times, for about 3 months each time. So I do have that money on my tax returns. Still, It is not anywhere enough to fullfill the Affidavit of Support requirements. I also do not have any domicile requirements fullfilled. I have no bills in the USA, no property apart from a broken down VW Beetle, and no assets there.

All of those things I don't have for the CR-1 visa are scaring me that we may not qualify.

Keep in mind, we have not actually gotten married yet!

So, from the info I have provided, is there anyone who can advise us on the best route to take?

With much humbled thanks,

The Goofy Goobers

Edited July 30, 2016 by goobies

[JFH 12,190]

*~*~*moved from "CR-1 spouse visa process and procedures" to "what visa do I need?" as OP is asking for help in deciding which course to take *~*~*

[goobies 79]

Thank you. i didn't know that category existed here already.

[canadian_wife 1,822]

I am not sure of the traditions in Uganda regarding marriage but this may be a situation of being too married for a K1 and not married enough for a Cr1. It happens.

Since you frequently use 'husband' and 'wife' and have even give her your last name on official documents, this could complicate a K1 to the point of wasteful money (and the K1 intimidated me because it seemed so much more involved than the Cr1 - check the guides for the steps).

The money problem and be overcome with a co-sponsor. Do you have someone in the States that can meet the income requirements for the I864.

Good luck

[NikLR 13,227]

K1 from start to end of AOS is a lot more paperwork than the CR1. Is your fiancé used to working and providing? Then the Cr1 may be your ticket. Many people find the 3 months of not being able to work or often get a drivers license to be tedious and hard on their relationship. You can use a joint sponsor for the income requirements or move back to the USA and get a job.

Edited July 30, 2016 by NLR

[goobies 79]

We really appreciate the information. I have another question:

How soon after our wedding can we send in our paperwork? Keep in mind this is Uganda....I feel that may be a detail that can have a lot of influence on timing.

[Penguin_ie 5,994]

As soon as you have the official marriage cert to send in with the petition, you can send off the paperwork; you need not wait till you are back in the USA, you can send it via international post.

[Max! 10]

You can fine K3

But I would still say try CR1 / IR1 process time is same but K1 / K3 cost twice as much and wait for GC status change and such

Why not do DCF if that can be done from your embassy ( check with them or NVC website ). It wil be much faster

[Penguin_ie 5,994]

Why not do DCF if that can be done from your embassy ( check with them or NVC website ). It wil be much faster

There is no DCF in Uganda, it is only available in countries whose US embassies have an in-house USCIS office, which are listed here: https://www.uscis.gov/about-us/find-uscis-office/international-immigration-offices

[Max! 10]

There is no DCF in Uganda, it is only available in countries whose US embassies have an in-house USCIS office, which are listed here: https://www.uscis.gov/about-us/find-uscis-office/international-immigration-offices

Then just file i130 it is best shot

[goobies 79]

Thanks to all the insightful answers!

We got married two weeks ago, and it feels wonderful. We are now gathering all of our paperwork and trying to get an appointment with the Kampala Embassy. IF they approve it, we could actually file via DCF at the Nairobi field office. It covers all east African countries. I just need to first get the darn appointment scheduled and then gather all my supporting evidence of being a resident in Uganda.