Considering going thru CR-1 instead of K-1

[Zeeg 0]

Hi everyone,

 

We considering going thru CR-1 instead of K-1 visa process cos of the ridiculously long waiting times for I-129f approval compared to I-130. As well as the benefits for beneficiary for the visa being able to work on in CR-1 straight away after it's approved, instead of waiting for I-765 being approved (after entering on K-1 and staying unemployed in the US for this long waiting period, while having amazing job opportunities being restricted by lacking the authorization).

 

As a beneficiary is EU citizens, he can travel to US thru other countries that aren't restricted due to covid and pass the 14 day period enter on VWP. Then get married in the US and soon after a return back to EU.

 

Out concerns is, we'll be filing for I-130 straight after that, and it might be looked down upon as a very rushed marriage and then application for the resident status. We known each other for about a year and a half while I studied and worked in the US (I've been there for 5.5 years straight). We have a bunch of photos of us together doing different trips, dinners with friends and family and such. But no joint bank accounts, mortgages, of tax filings, to prove that we were together for a long time and a super serious about it, as I see other people usually present to prove their relationship (even though we are serious).

 

And suggestions on how better to proceed in this situation, to play is safer and wait with the marriage and go thru K-1 or rush it a bit get married and then file for CR-1?

 

Obviously due to the Covid and such, and also budget being a concern, we aren't planning on any fancy wedding procedure, just a court house signing and later down the line when beneficiaries family can travel to US do the ceremony or something like that. 

 

Appreciate any feedback, thanks.

[Crazy Cat 41,850]

The CR-1 is much better option, imo, if you can marry and consummate the marriage (prove you were in the presence of each other during or after the ceremony).  One option is to marry via a UTAH remote (Zoom) marriage, then meet in a 3rd country afterwards. You could then start the CR-1 process.

 

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

K-1        
    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 6-8 months)    
    Spouse can not work until she/he receives EAD (approx 6-8 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.
    A denied K-1 is sent back to USCIS to expire
  

CR-1
    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 41,850]

***Moved to What Visa Do I Need as OP is weighing both options****

[Zeeg 0]

8 minutes ago, Crazy Cat said:

The CR-1 is much better option, imo, if you can marry and consummate the marriage (prove you were in the presence of each other during or after the ceremony).  One option is to marry via a UTAH remote (Zoom) marriage, then meet in a 3rd country afterwards. You could then start the CR-1 process.

 

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

K-1        
    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 6-8 months)    
    Spouse can not work until she/he receives EAD (approx 6-8 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.
    A denied K-1 is sent back to USCIS to expire
  

CR-1
    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.
  �

 

Thanks for the input! Any idea on which one of the processes is faster? I suspect CR-1, cos the I-130 processing times are faster, but I'm not sure about the whole visa process afterwards, and if it requires a lot of things and time from the Embassy or USCIS to issues the visa (probably it's more paperwork than from K-1).

 

My other concern is that exact paperwork with not many evidence of our relationship (like leaving together for a long time, having joint accounts and property), and marriage being a bit fast in they opinion. We've only met in the end of 2019 and been together till the end of 2020 and all 2021 we spend in separate countries.

[Crazy Cat 41,850]

3 minutes ago, Zeeg said:

My other concern is that exact paperwork with not many evidence of our relationship (like leaving together for a long time, having joint accounts and property), and marriage being a bit fast in they opinion. We've only met in the end of 2019 and been together till the end of 2020 and all 2021 we spend in separate countries.

Couples living in separate countries are not expected to have joint bank accounts, etc.  The very best evidence you can provide is that of time spent together during your relationship. 

"Faster" is relative.  The K-1 MIGHT get the person to the US a LITTLE faster (depends on conditions in a particular country), but the CR-1 is the fastest route to a green card, authority to work, ability to travel outside the US, etc. 

[Zeeg 0]

Just now, Crazy Cat said:

Couples living in separate countries are not expected to have joint bank accounts, etc.  The very best evidence you can provide is that of time spent together during your relationship. 

"Faster" is relative.  The K-1 MIGHT get the person to the US a LITTLE faster (depends on conditions in a particular country), but the CR-1 is the fastest route to a green card, authority to work, ability to travel outside the US, etc. 

Understood!

 

For now our property is to spend time together and live together with the possibility of work for the beneficiary who has a great opportunity in his area (airlines are back in business and offer crazy incentives). 

 

I just hope that the beneficiaries lease, work documents from his time in the US (he got the SS number and everything, he also payed taxes here) would be enough to prove that he was here, and the bunch of photos we have will support it. We can also get statement from our friends and family that we were together all that time but I doubt they worth anything. For some reason USCIS like to see receipts with the  dates of meeting or something, and no normal person keeps receipts from dinners or parties or camping trips gas money.

[Chancy 6,241]

54 minutes ago, Zeeg said:

it might be looked down upon as a very rushed marriage and then application for the resident status. We known each other for about a year and a half while I studied and worked in the US

 

It's not rushed if you've known each other for more than a year and have evidence that you spent time together in person for that amount of time.  For the I-130, evidence of bona fide relationship, including prior to the wedding, counts.  So file the petition as soon as you have a valid marriage certificate.

 

8 minutes ago, Zeeg said:

For some reason USCIS like to see receipts with the  dates of meeting or something, and no normal person keeps receipts from dinners or parties or camping trips gas money.

 

For couples who live in different countries and only saw each other during vacations, receipts are often all they have, aside from passport stamps and boarding passes.  Receipts are not required when you have stronger evidence, such as the beneficiary's I-94 and records of residence/schooling/work in the US.  Again, the best evidence is that of time spent together in person, including the time before getting married.

 

[Zeeg 0]

Thanks for the input.

 

By any chance, does anybody know if it will be ok to marry in Europe, in our case Portugal. Then officially translate the certificate, with apostle if necessary, for CR-1 application?

 

Does the USC needs to adjust her status (to legally married, in the US with that certificate before we'll be ready for I-130? Anybody had the experience with that? Cos right now it's easier to travel to Europe from the US than vise versa.

[Chancy 6,241]

51 minutes ago, Zeeg said:

does anybody know if it will be ok to marry in Europe, in our case Portugal. Then officially translate the certificate, with apostle if necessary, for CR-1 application?

 

Yes, it's perfectly acceptable to marry in Portugal or anywhere else in Europe.  If the marriage certificate is not in English (or not multi-lingual with English), then it's necessary to have a translated document.  There's no requirement for apostille at any point for US immigration.

 

55 minutes ago, Zeeg said:

Does the USC needs to adjust her status (to legally married, in the US with that certificate before we'll be ready for I-130?

 

There's no "adjusting status" to married in the US if a USC married abroad.  Once a USC is legally married outside the US, they are considered married in the US as well.  The foreign marriage certificate is sufficient proof of that.

 

This DOS page describes the marriage certificate from Portugal that is acceptable for US immigration -- https://travel.state.gov/content/travel/en/us-visas/Visa-Reciprocity-and-Civil-Documents-by-Country/Portugal.html

 

[Locito 85]

The only downside with a foreign-issued marriage certificate I can think of is employers/HR departments giving a hassle when designating spouse as a dependent for health insurance purposes.

 

My wife's job gave her such a hassle over not having a US marriage certificate when she was trying to add me to her health insurance (we got married in Sweden). We sent them a link to the US Dep't of State website mentioned above as well as a note saying that this document (marriage certificate) was accepted as a proof of us being married during my visa process, so why are you not accepting it 😅

Edited September 3, 2021 by Locito

[Adventine 3,196]

@Locito
what a misguided HR department! Probably a case of someone who had never seen a foreign marriage certificate before.