American living in Prague, Czech Republic. My girlfriend is from Ukraine we want to move to the USA.

[USAUAinCZ 38]

Hey everyone, 

I just found out my visa for living in the Czech Republic will expire in 1 year. This is a bit of a shock to me since I have lived here for 6 years and own property here. 

My girlfriend is from Ukraine and has been trying to move here on a working permit for the past 2.5 years but due to extreme corruption in the Lviv consulate she can not get a working visa even with a job sponsorship. We have been together for almost 3 years

Now that I have found out I have one year left here in the Czech Republic we want to be together and move to the USA. We are wondering what is our best bet for a visa, the K1 or the CR1. 

We have a lot of proof that we are in a relationship together since she is here in Prague for 1 month then goes back to ukraine for 1 month and has been doing that for the past 2 years. The only problem is we own nothing together. My apartment is in my name and can't be in hers since she is not an EU citizen or has a visa to live here permanently. The Czech Republic also doesn't do joint bank accounts. Even if we got married now for the CR1 visa I'm not sure how we could get the bonafide proof we are together outside of an affidavit from my family and the marriage certificate.

 

So what visa would you recommend? We hope to do this somewhat quickly as the countdown until I have to leave the Czech Republic has begun. 

 

(I am an american citizen and lived the first 22 years of my life there)

Edited April 21, 2019 by USAUAinCZ

[Crazy Cat 41,855]

Every couple has their own priorities, and each couple must decide which visa is better for their situation.

K-1
    Slightly faster arrival in the US (currently about 3 months sooner)    
    More expensive than CR-1    
    Requires Adjustment of Status after marriage (expensive and requires a lot of paperwork)    
    Spouse can not leave the US until she/he receives approved Advance Parole (approx 5-6 months)    
    Spouse can not work until she/he receives EAD (approx 5-6 months)    
    Some people have had problems with driver licenses, Social Security cards, leases, bank account during this period    
    Spouse will not receive Green Card for many months after Adjustment of Status is filed.

  

CR-1
    Slightly slower arrival in the US (currently about 3 months later)

    Less expensive than K-1    
    No Adjustment of Status(I-485, I-131, I-765) required.    
    Spouse can immediately travel outside the US    
    Spouse is authorized to work immediately upon arrival.    
    Spouse receives Social Security Card and Green Card within 2 or 3 weeks after entering the US    
    Opening a bank account, getting a driver's license, etc. are very easily accomplished with GC, SS card, and passport.

    Spouse has legal permanent Resident status IMMEDIATELY upon entry to US.
   

 

[Crazy Cat 41,855]

Neither process will be quick.......slightly less than a year with a K-1.......12-14 months for a CR-1.

[geowrian 22,337]

Review the wonderful list above to see what works better for you. Usually, the CR-1 works out better for couples already abroad. YMMV

[treppenwitz 78]

9 minutes ago, USAUAinCZ said:

The only problem is we own nothing together. My apartment is in my name and can't be in hers since she is not an EU citizen or has a visa to live here permanently. The Czech Republic also doesn't do joint bank accounts.

The CR-1 is the better option, IMO. You'll submit your relationship proof and marriage certificate. 2 years after US entry she will go through Removal of Conditions. That is when you'll submit your US apartment leases, US joint bank accounts, etc.

Edited April 21, 2019 by treppenwitz

[Boiler 45,516]

I would also assume a CR1.

[millefleur 5,046]

On 4/21/2019 at 12:33 PM, USAUAinCZ said:

We have a lot of proof that we are in a relationship together since she is here in Prague for 1 month then goes back to ukraine for 1 month and has been doing that for the past 2 years. The only problem is we own nothing together. My apartment is in my name and can't be in hers since she is not an EU citizen or has a visa to live here permanently. The Czech Republic also doesn't do joint bank accounts. Even if we got married now for the CR1 visa I'm not sure how we could get the bonafide proof we are together outside of an affidavit from my family and the marriage certificate.

Mail received in both names or either name at the same address, affidavits from friends/family affirming knowledge of the relationship. If you get married, prepare tons of evidence related to the wedding, including receipts for wedding rings, clothing, rented venues or cars, cards from family and friends. Proof of travel together: passport stamps showing the same dates/places, plane tickets, train tickets with the same name. If you go on a honeymoon (even if it's local and not some faraway destination), provide all travel proof and receipts for that too.