cr1/k1 concerns

[jaliuana 6]

My fiance and I have only about a year of knowing each other. we've met and hit it off great and got engaged fairly quickly.  my concerns lead me to ask these questions because i really am not sure. for either the k1 or cr1 visas, does it matter the length that we have known each other? also, for the cr1 visa i read that we have to show either that we have leased a place and it has both of our names, or a joint bank account and stuff like that and well.. we have none of that because he does not live here, he is in south korea and we only visit each other not long enough to have things in both our names. is that something that can be explained? or is there no way around that?

another big concern of mine is whether i should actually go with the cr1 visa or k1. ive seen something about it not being a good idea to get married while he visits me here in the states because it could be considered fraud? 

im so sorry for my newbie questions, but what better way of easing my mind than to obain information from others who have been through this and know much more than i do.

[Ontarkie 14,221]

~~Moved to What Visa Do I Need, from Tourist Visas~~

[jaliuana 6]

2 minutes ago, Ontarkie said:

~~Moved to What Visa Do I Need, from Tourist Visas~~

thank you, as i am still trying to get the hang of this site

[Pennycat 880]

Don't worry about the 1 year thing. That's not as short a time as they've seen and as long as you've got evidence of a real relationship, the time doesn't matter.

 

Basically, he cannot come into the US on a non-immigrant visa (or with just his passport on the visa waiver program) with the intention of getting married and staying and applying for his green card ("adjusting status"). He can come in for a wedding, even his, so long as he leaves within his 90-day stay. 

 

So basically,  you're free to marry anywhere in the world you want to, and then go through the CR1 process.

 

Or, you apply for a K1 fiance visa which allows folks to come in un-married with the intent to stay and adjust status. 

 

K1s tend to be faster than CR1s but that's because CR1s come with a green card on arrival and K1s need to apply for it (and wait for it--- the time difference between the visas, which is what lets  you cross the border, is more or less the time it takes to process the green card, which is what lets you stay and work). Basically where do you want to wait for your green card, US or abroad? There's no right answer, each couple's scenario is different.

 

For us, I'd wanted a period of engagement because I didn't want to feel rushed to the alter, I'd wanted my family to meet my fiance, I was perfectly able to support the two of us when he first arrived and couldn't work (you can't work on a K1, you need to wait for work permit, aka EAD, which takes about 3 months from the time you apply for it, so because you can wait 3 months to marry and apply, can be 6 months or more out of work), and in fact I would have had him not work and take English classes and volunteer in the community for the first few months anyway, so it all worked out for us. Other people would rather take the extra 4 or 6 months of separation and be able to just come in and have that be that, get to work immediately etc. 

[jaliuana 6]

4 hours ago, CatherineA said:

Don't worry about the 1 year thing. That's not as short a time as they've seen and as long as you've got evidence of a real relationship, the time doesn't matter.

 

Basically, he cannot come into the US on a non-immigrant visa (or with just his passport on the visa waiver program) with the intention of getting married and staying and applying for his green card ("adjusting status"). He can come in for a wedding, even his, so long as he leaves within his 90-day stay. 

 

So basically,  you're free to marry anywhere in the world you want to, and then go through the CR1 process.

 

Or, you apply for a K1 fiance visa which allows folks to come in un-married with the intent to stay and adjust status. 

 

K1s tend to be faster than CR1s but that's because CR1s come with a green card on arrival and K1s need to apply for it (and wait for it--- the time difference between the visas, which is what lets  you cross the border, is more or less the time it takes to process the green card, which is what lets you stay and work). Basically where do you want to wait for your green card, US or abroad? There's no right answer, each couple's scenario is different.

 

For us, I'd wanted a period of engagement because I didn't want to feel rushed to the alter, I'd wanted my family to meet my fiance, I was perfectly able to support the two of us when he first arrived and couldn't work (you can't work on a K1, you need to wait for work permit, aka EAD, which takes about 3 months from the time you apply for it, so because you can wait 3 months to marry and apply, can be 6 months or more out of work), and in fact I would have had him not work and take English classes and volunteer in the community for the first few months anyway, so it all worked out for us. Other people would rather take the extra 4 or 6 months of separation and be able to just come in and have that be that, get to work immediately etc. 

thank you so much for your input and for clearing that bit up for me, i kept seeing different information on the matter and was just uncertain. although it may take a little longer, im leaning more towards the cr1 visa just because of the greencard on arrival. but do you know about the whole joint things situation? like having bills in both names and that sort of thing? we dont have any of that and im wondering if that would affect this entire process.

[Pennycat 880]

15 minutes ago, jaliuana said:

thank you so much for your input and for clearing that bit up for me, i kept seeing different information on the matter and was just uncertain. although it may take a little longer, im leaning more towards the cr1 visa just because of the greencard on arrival. but do you know about the whole joint things situation? like having bills in both names and that sort of thing? we dont have any of that and im wondering if that would affect this entire process.

 

Not a problem, this can be confusing. And yes, the green card on arrival is a big benefit for not too much longer a processing time. They're used to seeing newlyweds and so joint leases and bank accounts etc aren't strictly necessary in your situation. Think about it this way: these guidelines for evidence were established before internet dating was common and when long distance relationships were much harder to conduct (because no internet) so most of the married couples they'd see are because the American had been living overseas and got married there. Now, things are pretty different and they know that. That doesn't mean that you don't need to show anything, but that they're not going to expect to see a joint mortgage or anything for a couple that has been married 6 months and doesn't live in the same country. 

 

I can't speak from experience because we went the K1 route, but reading in the CR1 forums can give you a good idea of what sort of evidence of a bona fide relationship you probably already have, and can make sure you establish.

[Ryan H 3,812]

12 hours ago, jaliuana said:

also, for the cr1 visa i read that we have to show either that we have leased a place and it has both of our names, or a joint bank account and stuff like that and well.. we have none of that because he does not live here, he is in south korea and we only visit each other not long enough to have things in both our names. is that something that can be explained? or is there no way around that?

 

USCIS as well as a CO at the Embassy or Consulate will not expect or require a couple that lives apart in separate countries to have joint property or a joint lease or a joint bank account.