Would choosing CR-1 over K-1 be a mistake?

[AfricanBweBwe 1]

I apologize for multiple posts in the forums. I have many different trains of thought running through my head with many different questions right now. 

 

My partner and I have been together for one year. He is Ugandan, I am from the US. I’ve lived with him in Uganda for 11 out of the past 12 months (I took 1 month trip to US in May). 

 

We do NOT have:

 

- proof of sharing finances. I just withdraw from ATMs and we use the money together here. I would love for us to have a joint bank account, but I can’t find a way for that to be possible between Uganda and US. 

 

- a lease showing joint tenancy. The best I could do would be affidavits from friends here in Uganda stating that I’ve been living with him. Is that enough? Since I’m moving to US this month, I don’t know how practical it would be for us to share a lease at this point. Thoughts?

 

- joint ownership of property. This is a little tricky in Uganda. Traditionally it’s the man who owns the land (based on what I know, sorry if I’m mis-speaking). He has land, but I don’t know if it’s possible for me to share ownership of it as a woman. Any suggestions of other ways to show joint ownership besides land?

 

What we DO have:

 

- consistent photos of our relationship over the past year, including various trips throughout Uganda and Kenya together. 

 

- photos of him with my grandmother when she came to visit. 

 

- long history of WhatsApp conversations and calls. 

 

- original tickets and receipts from trips together 

 

My concern is that the proof that we have may be more applicable to a K-1 visa. However, we would prefer CR-1 for various reasons. We are still in the process of deciding which route to take, and I have a few questions in addition to the ones mentioned above. 

 

1. Will our marriage look suspicious if I move to US right after we marry in Uganda and our relationship becomes long-distance? My reasons for moving are to establish domicile, proof of adequate income, and to make enough money to even afford beginning the visa process. 

 

2. Would we have enough evidence of a bonafide marriage based on what I’ve listed above? I don’t know how easy it will be to get additional proof once I’m in the US... please, all suggestions are welcome. 

 

Thank you for taking the time to read. 

[AfricanBweBwe 1]

I forgot to add, we want to have a larger ceremony in the US with my family. He doesn’t have any family here in Uganda other than his father, so we would just have a very small, simple wedding in Uganda. Is it understandable to have a small wedding for the CR-1 application with intent to have a larger ceremony once together in US? Has that worked for others in the past? 

[Boiler 45,516]

CR 1 is much the better option.

[Dashinka 24,499]

I agree with @Boiler, I would go the CR1 route, have the small wedding in Uganda, then have the big reception in the US when he has his visa.

 

Good Luck!

[SorrowL 138]

Small marriage is what I did, and we plan to do a second celebration of sorts in the US once I get the CR-1 visa. 
 

I personally suggest CR-1 over K-1. CR-1 takes a few months longer BUT you can work on arrival, you don’t have to adjust status, you save money by not needing filing costs, you aren’t “bored” for 6-8 months until you get an EAD. 

Edited February 2, 2020 by SorrowL

[AfricanBweBwe 1]

@Boiler @Bill & Katya @SorrowL Thank you very much to each of you for your advice. I’m feeling better about leaning toward that decision. 

 

[Lil bear 4,210]

46 minutes ago, AfricanBweBwe said:

@Boiler @Bill & Katya @SorrowL Thank you very much to each of you for your advice. I’m feeling better about leaning toward that decision. 

 

I haven’t read any threads in vj site where someone who did the spouse visa wishes they had used fiancé instead .. plenty of fiance visa holders who look back and say they wish they’d done the spouse route 

[JFH 12,190]

I can think of only one example where a K-1 has an advantage over CR-1 (and even then it’s debatable) and that is where the foreign fiancé  wants to bring an adult child with them aged 19 or 20. Although why anyone would put themselves in limbo status for months and deprive themselves of an income and career progression for many months just to please their “child” who is already an independent adult is a mystery. I can see this being a good idea if the child has special needs and cannot live independently but at 19 or 20 I would never have expected my mother to do anything to her disadvantage for my benefit. You make sacrifices for your children when they are minors. That’s enough. 
 

In any event, that’s the only argument I see thrown around here in favor of a K-1 that has a modicum of sense to it. 

[Crazy Cat 41,857]

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  
    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 

    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.
  �

 

[AfricanBweBwe 1]

5 minutes ago, missileman said:

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  
    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 

    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.
  �

 

Thank you for sharing this information. For these reasons, we would prefer CR-1. However, I guess I’m wondering more about which would be likelier to be approved.. I just don’t know if we will have a strong enough case for CR-1, but I could just be overthinking it. I have a lot of doubt because Uganda is a high fraud country and it is very difficult to get any visa to the US, no matter how good your case is. 

We once tried for him to get a tourist visa so we could take a trip to visit my family, and then return to Uganda. It didn’t matter that he had proof of strong ties to Uganda (land title, business ownership, founder of NGO, children here), he was still denied within the first 30 seconds of entering the room for interview. They denied him before he even had a chance to give them his letter of invitation to US or any supporting docs. So this just makes me fearful of applying for visas in general... now I have it stuck in my mind that no matter how real our relationship is, no matter how much we want to start a life together in the US, we will just be denied. 

So, for if any reason it seems that we would not be able to prove a bonafide marriage for CR-1, then I would want to do K-1 if it gives us a better chance. Please tell me I’m just overthinking it all and that it isn’t as impossible as it seems to me right now...

 

[Crazy Cat 41,857]

6 minutes ago, AfricanBweBwe said:

Thank you for sharing this information. For these reasons, we would prefer CR-1. However, I guess I’m wondering more about which would be likelier to be approved.. I just don’t know if we will have a strong enough case for CR-1, but I could just be overthinking it. I have a lot of doubt because Uganda is a high fraud country and it is very difficult to get any visa to the US, no matter how good your case is. 

We once tried for him to get a tourist visa so we could take a trip to visit my family, and then return to Uganda. It didn’t matter that he had proof of strong ties to Uganda (land title, business ownership, founder of NGO, children here), he was still denied within the first 30 seconds of entering the room for interview. They denied him before he even had a chance to give them his letter of invitation to US or any supporting docs. So this just makes me fearful of applying for visas in general... now I have it stuck in my mind that no matter how real our relationship is, no matter how much we want to start a life together in the US, we will just be denied. 

So, for if any reason it seems that we would not be able to prove a bonafide marriage for CR-1, then I would want to do K-1 if it gives us a better chance. Please tell me I’m just overthinking it all and that it isn’t as impossible as it seems to me right now...

 

Whichever route you take, the very best evidence you can provide (especially for a CR-1) is time actually spent together.  Spouses living in separate countries are not able to have a lot of co-mingled finances and joint property at first, so time together means a lot.

[SorrowL 138]

8 minutes ago, AfricanBweBwe said:

Thank you for sharing this information. For these reasons, we would prefer CR-1. However, I guess I’m wondering more about which would be likelier to be approved.. I just don’t know if we will have a strong enough case for CR-1, but I could just be overthinking it. I have a lot of doubt because Uganda is a high fraud country and it is very difficult to get any visa to the US, no matter how good your case is. 

We once tried for him to get a tourist visa so we could take a trip to visit my family, and then return to Uganda. It didn’t matter that he had proof of strong ties to Uganda (land title, business ownership, founder of NGO, children here), he was still denied within the first 30 seconds of entering the room for interview. They denied him before he even had a chance to give them his letter of invitation to US or any supporting docs. So this just makes me fearful of applying for visas in general... now I have it stuck in my mind that no matter how real our relationship is, no matter how much we want to start a life together in the US, we will just be denied. 

So, for if any reason it seems that we would not be able to prove a bonafide marriage for CR-1, then I would want to do K-1 if it gives us a better chance. Please tell me I’m just overthinking it all and that it isn’t as impossible as it seems to me right now...

 

Collect all evidence you have. Absolutely everything you can muster up, including the tourist visa attempt. Photos, texts, affidavits in support of your relationship, any airfare, passport stamps, literally anything and everything proving the relationship. Honestly I feel that CR-1 has a better chance, as you’ve both taken the serious step of marriage, and during the marriage you can collect a good amount of photos, and evidence of the relationship. 
 

K-1 can sometimes be finicky where if you look “too married” you’ll be denied. With a CR-1 you can go all out with relationship evidence. 

[Oliversmom 250]

My husband is from Morocco which is also considered high fraud.  We did Cr1 and we didn't have any financial comingling or leases or anything like that.  I spent a lot of time visiting him and we submitted passport stamps and boarding passes, photos (of us together and with his family), chat logs, and phone records.  He was approved.  We chose not to do a wedding ceremony in Morocco and they did give him a hard time about that because it is customary to have a wedding ceremony.  But they still approved him.  So if it is customary in Uganda to have a large wedding then maybe they could give him a hard time.  I don't know about this.  But just make sure your fiancé has an answer in case they ask him why and be confident in his answers.  My husband said they asked him why over and over and he just stuck to his answer and  they gave him the visa. 

[Mike E 11,739]

It would be very sad to go the longer CR-1 route and then have an immigration ban imposed on citizens of Uganda.

[Lis Xyooj 7]

Yes like must VJ members already stated, I would go with CR1 over K-1.  I started with K1 because it was quicker, but in the end, the CO denied my wife a visa.  I had to Restart from the beginning with CR1 process. Depending on the country, and how long your relationship has been going on.  This round was much easier during my wife’s interview!!! Good luck to you both!!!