Evidence of Relationship Required for CR-1 Visa?

[William Overbeck 10]

Hello! I'm completely new to the form, and the visa journey. 

 

My backstory is that I'm trying to help my fiancé come to the US to be married and settle down together in FL. We're currently in an LDR, so we've never met in person within the last two years. Reading along the guidelines of the CR-1 visa - it shows that proof that we have an consistent relationship (for avoiding marriage fraud) is required. 

 

Even though we haven't met in person because of the travel ban, he would be staying in the States while waiting for his green card. Beforehand, we're also looking to see if marriage online would be acceptable by their standards. What if we submitted chat logs/receipts of where we sent each other gifts, video calls, recorded calls/sending each other money through Paypal? I'm happy to let them look through our messages on messaging apps we transitioned through from 2016 - present. 

 

[TL;DR] I tried contacting USCIS personally for more information about specific requirements, but got an automated system each time. Our main goal is to be married and bring him to the States for settling down. Help is appreciated in advance. 

[mushroomspore 3,044]

31 minutes ago, volatilecerberus said:

Hello! I'm completely new to the form, and the visa journey. 

 

My backstory is that I'm trying to help my fiancé come to the US to be married and settle down together in FL. We're currently in an LDR, so we've never met in person within the last two years. Reading along the guidelines of the CR-1 visa - it shows that proof that we have an consistent relationship (for avoiding marriage fraud) is required. 

 

Even though we haven't met in person because of the travel ban, he would be staying in the States while waiting for his green card. Beforehand, we're also looking to see if marriage online would be acceptable by their standards. What if we submitted chat logs/receipts of where we sent each other gifts, video calls, recorded calls/sending each other money through Paypal? I'm happy to let them look through our messages on messaging apps we transitioned through from 2016 - present. 

 

[TL;DR] I tried contacting USCIS personally for more information about specific requirements, but got an automated system each time. Our main goal is to be married and bring him to the States for settling down. Help is appreciated in advance. 

What's his origin country? We've had many threads asking about "virtual/online marriages"  (see below). The fact you've never met in person is also a big strike against you guys. Also, the there is no visa that allows people to "stay inside the US while waiting for their green card". If you file for CR-1, he has to wait abroad until he gets the CR-1 and use that to enter and THEN he gets his green card.

 

https://www.uscis.gov/policy-manual/volume-12-part-g-chapter-2 (emphasis mine)

Quote

USCIS does not recognize the following relationships as marriages, even if valid in the place of celebration:

• Polygamous marriages; ^[3] 

• Certain marriages that violate the strong public policy of the state of residence of the couple; ^[4] 

• Civil unions, domestic partnerships, or other such relationships not recognized as marriages in the place of celebration; ^[5] 

• Relationships where one party is not present during the marriage ceremony (proxy marriages) unless the marriage has been consummated; ^[6] or 

• Relationships entered into for purposes of evading immigration laws of the United States. ^[7] 

 

Edited February 24, 2021 by mushroomspore

[Crazy Cat 41,899]

30 minutes ago, volatilecerberus said:

Hello! I'm completely new to the form, and the visa journey. 

 

My backstory is that I'm trying to help my fiancé come to the US to be married and settle down together in FL. We're currently in an LDR, so we've never met in person within the last two years. Reading along the guidelines of the CR-1 visa - it shows that proof that we have an consistent relationship (for avoiding marriage fraud) is required. 

 

Even though we haven't met in person because of the travel ban, he would be staying in the States while waiting for his green card. Beforehand, we're also looking to see if marriage online would be acceptable by their standards. What if we submitted chat logs/receipts of where we sent each other gifts, video calls, recorded calls/sending each other money through Paypal? I'm happy to let them look through our messages on messaging apps we transitioned through from 2016 - present. 

 

[TL;DR] I tried contacting USCIS personally for more information about specific requirements, but got an automated system each time. Our main goal is to be married and bring him to the States for settling down. Help is appreciated in advance. 

Seems to me that you are putting the cart before the horse.  I suggest you meet, spend time together, then decide on a possible future together.  I assume you are young, therefore there is no need to rush things.

Edited February 24, 2021 by Lucky Cat

[aaron2020 11,651]

You're going to have to see each other in person before you can file anything.  There is no way around this.  

 

For the K-1 fiance visa, you would need to have met in person within the last 2 years before filing the I-129f.

 

For the CR-1 spousal visa, you would need to be married.  For an online marriage, you would need to consummate  the marriage by meeting in person.  So if you have to meet in person for an online marriage, you might as well not complicate things by marrying when you are physically together.  Online marriages will complicate immigrating to the US.

To be successful, yes, you will need to provide evidence that you have a real relationship.  Front load your petition - whether it's a K-1 or CR-1.

How did you meet?  How much time have you spent together?  When was the last time you met face to face?

Calling USCIS for help is useless.  They can't give you legal advice on what to do.  It's illegal for them to do that.  If you want advice on what to do, you either need to educate yourself and ask for help on VJ or you hire a lawyer.  

Edited February 24, 2021 by aaron2020

[Crazy Cat 41,899]

34 minutes ago, volatilecerberus said:

Even though we haven't met in person because of the travel ban, he would be staying in the States while waiting for his green card.

That isn't how spousal visa works.  You might benefit from reading the guides here on VJ.

[William Overbeck 10]

2 minutes ago, aaron2020 said:

You're going to have to see each other in person before you can file anything.  There is no way around this.  

 

For the K-1 fiance visa, you would need to have met in person within the last 2 years before filing the I-129f.

 

For the CR-1 spousal visa, you would need to be married.  For an online marriage, you would need to consummate  the marriage by meeting in person.  So if you have to meet in person for an online marriage, you might as well not complicate things by marrying when you are physically together.  Online marriages will complicate immigrating to the US.

To be successful, yes, you will need to provide evidence that you have a real relationship.  Front load your petition - whether it's a K-1 or CR-1.

How did you meet?  How much time have you spent together?  When was the last time you met face to face?

We met online, and we've been together for 4 years. We've never met in person, and that is our goal. 

 

Thank you for your input though, we're going to look at the online marriage process further.

[Boiler 45,557]

1 minute ago, volatilecerberus said:

We met online, and we've been together for 4 years. We've never met in person, and that is our goal. 

 

Thank you for your input though, we're going to look at the online marriage process further.

In 4 years why have you not met, which country is he from?

[William Overbeck 10]

Just now, Boiler said:

In 4 years why have you not met, which country is he from?

Hello! 

 

We met via Discord. Started as friends, and then became lovers over time. He's currently located in Spain. 

 

We haven't been able to meet because we were financially struggling during this time. Along with COVID, the travel hasn't been kind to EUR travelers. 

[aaron2020 11,651]

1 minute ago, volatilecerberus said:

We met online, and we've been together for 4 years. We've never met in person, and that is our goal. 

 

Thank you for your input though, we're going to look at the online marriage process further.

You've never met in person.  That's going to be a HUGE PROBLEM.  

 

You're not understanding how this works.  Getting marry online to someone you have never met is not going to get you anywhere immigration wise.  You would still need to meet in person before you can file anything.  Getting marry without having met will make THIS AN EXTREMELY DIFFICULT CASE to get him an immigration visa.

TO BE BLUNT.   You need to meet face to face and spend time together.  How much time you spend together is the BIGGEST FACTOR in getting him an immigration visa.  

Read this thread and she why rushing to get marry can end poorly; 

 

[mushroomspore 3,044]

6 minutes ago, volatilecerberus said:

We met online, and we've been together for 4 years. We've never met in person, and that is our goal. 

 

Thank you for your input though, we're going to look at the online marriage process further.

Gonna be difficult to get approved if you only have one in-person visit to show to the embassy. The more in-person visits, the higher chance of success. Online marriage procedure is also unlikely to succeed.

Edited February 24, 2021 by mushroomspore

[William Overbeck 10]

15 minutes ago, mushroomspore said:

What's his origin country? We've had many threads asking about "virtual/online marriages"  (see below). The fact you've never met in person is also a big strike against you guys. Also, the there is no visa that allows people to "stay inside the US while waiting for their green card". If you file for CR-1, he has to wait abroad until he gets the CR-1 and use that to enter and THEN he gets his green card.

 

https://www.uscis.gov/policy-manual/volume-12-part-g-chapter-2 (emphasis mine)

 

Hello! His origin country is in Spain. 

As for "Also, the there is no visa that allows people to "stay inside the US while waiting for their green card". If you file for CR-1, he has to wait abroad until he gets the CR-1 and use that to enter and THEN he gets his green card." This is what I've seen below that doesn't state that you have to meet in-person. Feel free to correct me though, I'd love to look at the official link where it does say so.

 

Quote

 

Link: https://www.uscis.gov/green-card/after-we-grant-your-green-card/conditional-permanent-residence/removing-conditions-on-permanent-residence-based-on-marriage

What Is Conditional Residence?

 

If you have been married for less than two years when your foreign citizen spouse enters the United States on an immigrant visa, his or her permanent resident status is considered “conditional.” The immigrant visa is a conditional resident (CR) visa, not an immediate relative (IR) visa.

You and your spouse must apply together to USCIS to remove the conditional status within the ninety days before the two-year anniversary of your spouse’s entry into the United States on his or her immigrant visa. The two-year anniversary date of entry is the date of expiration on the alien registration card (green card). See Remove Conditions on Permanent Residence Based on Marriage on the USCIS website.

 

 

[aaron2020 11,651]

3 minutes ago, volatilecerberus said:

Hello! 

 

We met via Discord. Started as friends, and then became lovers over time. He's currently located in Spain. 

 

We haven't been able to meet because we were financially struggling during this time. Along with COVID, the travel hasn't been kind to EUR travelers. 

To bring a spouse to the US, you would need to meet the financial requirements of the I-864.  You will have to make at least 125% of the poverty level for your family and the intending immigrant or have a Joint Sponsor who is willing to take financial responsibility for your husband (a big ask of a family member or friend).

The immigration process will cost $2,000 or more.

Before COVID, it was about $200-$300 for a roundtrip ticket from Spain to most major US cities.  

If you can't afford to meet, then you are not going to be able to help him immigrate to the US.

[William Overbeck 10]

2 minutes ago, mushroomspore said:

Gonna be difficult to get approved if you only have one in-person visit to show to the embassy. The more in-person visits, the higher chance of success. Online marriage procedure is also unlikely to succeed.

That's the thing I'm vary wary about because of how quickly the travel ban was implemented, and how much higher the costs would be to delay the process of being together. 

This is also a very costly process to repeatedly schedule short trips for the sake of proving that we're legitimate. The US tends to be very firm about these things, and I don't mind if we have to do 1-2 trips to show to officials that we're a couple.

 

It's not a bad idea to consider, but keep in mind how the USA travel ban had quickly stopped years' worth of processing. 

[mushroomspore 3,044]

Just now, volatilecerberus said:

Hello! His origin country is in Spain. 

As for "Also, the there is no visa that allows people to "stay inside the US while waiting for their green card". If you file for CR-1, he has to wait abroad until he gets the CR-1 and use that to enter and THEN he gets his green card." This is what I've seen below that doesn't state that you have to meet in-person. Feel free to correct me though, I'd love to look at the official link where it does say so.

 

 

You are misunderstanding what this says. You must first be approved as a "permanent resident" (green card holders). There are two categories of green card holders: conditional and legal. Conditional means you are approved as a green card holder but you are approved BEFORE your 2-year wedding anniversary. This means you only receive a 2-year green card and you MUST file I-751 before that card expires. If approved, you then become a legal permanent resident and receive a 10-year card. Legal permanent resident means you are approved as a green card holder AFTER your 2-year wedding anniversary. You receive a 10-year green card automatically and you do not have to file I-751. Conditional residency is not a visa.

[aaron2020 11,651]

9 minutes ago, volatilecerberus said:

Hello! His origin country is in Spain. 

As for "Also, the there is no visa that allows people to "stay inside the US while waiting for their green card". If you file for CR-1, he has to wait abroad until he gets the CR-1 and use that to enter and THEN he gets his green card." This is what I've seen below that doesn't state that you have to meet in-person. Feel free to correct me though, I'd love to look at the official link where it does say so.

 

 

HOW ARE YOU GOING TO GET MARRY?  FOR AN ONLINE MARRIAGE, YOU HAVE TO CONSUMMATE THE MARRIAGE IN ORDER TO FILE AN I-130 FOR HIM.

YOU WANT AN OFFICIAL LINK, THEN HIRE A LAWYER.

If you marry online and file before meeting, you will be flushing money down the drain.  

Edited February 24, 2021 by aaron2020