Unsure between k1 and cr1 options

[mel.d 0]

My fiance and I met online in 2012. We decided to meet in Oct/Nov 2014, and since then I have managed to visit every year on the VWP (I am self employed, he is an IC with 3 part time jobs...one reason it's easier for me to travel to the US than for him to come to Aus. He hasn't been able to visit here yet). Four of the trips have been for approx a month, the other two have been 80ish days.

 

Our end goal is to live together in the US. We've been considering it pretty much since my first visit, but neither of us like to rush into things, plus I've had family and work commitments to sort out here.

 

Because he works part time in paid work and spends a lot of time working at his parents house and farm in lieu of paying rent, he doesn't earn enough to sponsor me for a K1 or CR1, but his mom can and would be happy to help out.

 

I've always leaned towards the K1 option, but having read more, we now think CR1 would be our better option.

 

My main concern with that is in proving a genuine relationship. Most of the guides seem to emphasise shared bank accounts, both names on house deed/rental agreement, etc - none of which apply to us in a long term long distance relationship. I also just don't like the idea of getting married and having to leave, plus the whole changing all my stuff back in Aus to my married name, but honestly, I can just deal with that for a better chance of a visa/cheaper option/ability to work sooner after arrival.

 

I figure we can't be the only couple who are in this sort of situation, so I figured we'd ask here before making a decision one way or another.

As far as I can tell, our only evidence would be my visits to SC, few photos together and with family and friends (I'm not a huge fan of the camera), conversations over messengers and email, cards sent for birthdays etc, and affidavits from family and friends.

 

I just worry that this isn't adequate. Any advice?

[Iscir 295]

57 minutes ago, mel.d said:

As far as I can tell, our only evidence would be my visits to SC, few photos together and with family and friends (I'm not a huge fan of the camera), conversations over messengers and email, cards sent for birthdays etc, and affidavits from family and friends.

That’s exactly the type of evidence we sent and had no problems. Joint bank accounts, lease agreements, etc, are just one type of evidence, and while it helps in some cases, if you don’t have it then use what you do have. Like why would you be on your spouse’s water bill or lease if you don’t live there?.  So your best evidence is the time you have spent together in person, and it seems you have visited many times, so send that. We sent boarding passes, passport stamps, a screenshot of one chat per month to show we talk often and usually about things married couples talk about, pictures (one or two per visit), and my military dependent card. Then when it’s tax time you could file MFJ and that would help too, since you visit, you can easily get an ITIN number  

Edited February 19, 2020 by Iscir

[mel.d 0]

7 hours ago, Iscir said:

Then when it’s tax time you could file MFJ and that would help too, since you visit, you can easily get an ITIN number  

Thank you it calms my anxiety to hear others have been successful in similar situations.

 

Just wanted to clarify this part of your response though - you mean we file jointly on his taxes  while the visa is processing, and I am still living and working in Australia?  I don't quite understand how that would work?

 

 

 

[Lemonslice 4,852]

CR1 seems like it could prevent boredom and cash flow issues, among other things.  Most self-employed professionals want to keep working and the spousal visa allows that from day 1. You can take a break, but you won't be waiting months to be able to work again. 

 

Also much easier to get bank accounts, driver's license, etc. since you're a legal permanent resident right away. 

 

First step is to get married though.

[Iscir 295]

41 minutes ago, mel.d said:

Thank you it calms my anxiety to hear others have been successful in similar situations.

 

Just wanted to clarify this part of your response though - you mean we file jointly on his taxes  while the visa is processing, and I am still living and working in Australia?  I don't quite understand how that would work?

 

 

 

If you’re married, then your spouse has to file taxes as married, but can be married filing separately or filing jointly even if you’re living in Australia. You have too see what option works better for your situation  

[mel.d 0]

Thank you both

[Duke & Marie 1,389]

On 2/19/2020 at 2:26 PM, mel.d said:

My fiance and I met online in 2012. We decided to meet in Oct/Nov 2014, and since then I have managed to visit every year on the VWP (I am self employed, he is an IC with 3 part time jobs...one reason it's easier for me to travel to the US than for him to come to Aus. He hasn't been able to visit here yet). Four of the trips have been for approx a month, the other two have been 80ish days.

 

Our end goal is to live together in the US. We've been considering it pretty much since my first visit, but neither of us like to rush into things, plus I've had family and work commitments to sort out here.

 

Because he works part time in paid work and spends a lot of time working at his parents house and farm in lieu of paying rent, he doesn't earn enough to sponsor me for a K1 or CR1, but his mom can and would be happy to help out.

 

I've always leaned towards the K1 option, but having read more, we now think CR1 would be our better option.

 

My main concern with that is in proving a genuine relationship. Most of the guides seem to emphasise shared bank accounts, both names on house deed/rental agreement, etc - none of which apply to us in a long term long distance relationship. I also just don't like the idea of getting married and having to leave, plus the whole changing all my stuff back in Aus to my married name, but honestly, I can just deal with that for a better chance of a visa/cheaper option/ability to work sooner after arrival.

 

I figure we can't be the only couple who are in this sort of situation, so I figured we'd ask here before making a decision one way or another.

As far as I can tell, our only evidence would be my visits to SC, few photos together and with family and friends (I'm not a huge fan of the camera), conversations over messengers and email, cards sent for birthdays etc, and affidavits from family and friends.

 

I just worry that this isn't adequate. Any advice?

It’s up to you K1 or CR1 there’s very little difference between the two as far as evidence goes, living overseas etc USCIS understand that commingling of finances etc isn’t always practicable hence time together becomes a main factor.. printing off your i94, flight itenary, motel receipts and photos together supported by other secondary stuff eg letters of support from family acknowledging the relationship..

 

things you can do here to co mingle inc add him as beneficiary to your super, nok at work type, nok on myGov account (medical) it’s also easy to add him to untilities etc.. remember co mingling of stuff goes both ways, don’t focus on what you can mingle in the US, it’s far easier to mingle here and still counts.  

 

with ref to visas, k1 is fastest at around 9 months, but it’s very restrictive on you for around another 9 months after arrival, it also works out more expensive in the long run. Plus if rejected there is no appeal process..

 

CR1 however is currently around 18mths has a lot of benifits to it eg can work immediately after arrival etc plus cheaper.. down side is you need to come home to Aus while it’s being processed, but with ESTA you can still visit regularly while they process everything and has waivers/appeal processes in place.. 

 

personally, we went CR1 and it’s the route I’d recommend 99% of the time especially if your not in a hurry to move due to home commitments etc, plus gives you time to convert any qualifications to ensure they’re recognised there.

 

with ref to taxes, it’s easiest for him to file married filing separately.. or global incomes come into play.. for us in Aus then file as married and 0 taxable income for them... 

Edited February 20, 2020 by Duke & Marie