K-1 vs CR-1 with Multiple Filer Waiver (merged)

[R. Wolfe 25]

What impact, if any, does applying for  K-1 versus a CR-1 have on a Multiple Filer Waiver request?

 

Unfortunately, I'm starting this process again. I came in assuming the K-1 route would be the way to go as it was considered the best a few years back when I went through this before. But as I am diving back into these forums I'm seeing advice to get married and go with the CR-1 instead. The end goal is the same (living together, happily ever after, in the US) so we're open to either option. Since I have to apply for a waiver (it's my third petition in this lifetime) I'm curious as to what difference K-1 vs CR-1 could have on that. I guess I feel like the government should be likely to destroy the lives of a married couple than and engaged couple, but that's probably just the romantic in me.

 

Any help is much appreciated.

 

[Verrou 1,962]

CR1 has no “limit” like K1 

If you want to go ahead with CR1, then go married and apply for CR1. U can send letter to officially withdraw K1 application if u want 

[R. Wolfe 25]

Thank you for the information. We haven't submitted the K-1 I-129F yet so at least we don't have to withdraw that.

 

If the CR-1 has no limit on  previous (K1) petitions, and my last was submitted more than two years ago, then I assume a Multiple Filer Waiver isn't even required? That's a pretty big difference.

 

I think I need to start again from scratch but this time looking at the CR-1 route rather than the K-1. I'll dig around and see what I can find. I'm also very curious about the time difference as far as arrival in the States go. I assume it's (generally) shorter than the 13 months currently being quoted for K-1 but I haven't (yet) found where that's given.

 

[R. Wolfe 25]

Ok, I've downloaded and looked over the I-130 form and instructions and see that there isn't anything about Multiple Filer Waivers and such in there. So, if I understand correctly, past K-1 visa application(s)* with other people are not a factor with a CR-1 until the interview (at which point they could, of course, be a very important factor).  Please correct me if I'm wrong, or if there are other important related issues of which I seem unaware. But, otherwise, I think I've answered my question.

 

*assuming they've been cancelled/withdrawn/divorced, properly etc.

 

Thank you for bearing with me. These forums are an invaluable asset for both information and peace of mind.

 

[Chancy 6,243]

*** Moved from K1 Process & Procedures to What Visa Do I Need -- OP is considering visa process options for current beneficiary ***

 

[SalishSea 18,063]

10 hours ago, R. Wolfe said:

Thank you for the information. We haven't submitted the K-1 I-129F yet so at least we don't have to withdraw that.

 

If the CR-1 has no limit on  previous (K1) petitions, and my last was submitted more than two years ago, then I assume a Multiple Filer Waiver isn't even required? That's a pretty big difference.

 

I think I need to start again from scratch but this time looking at the CR-1 route rather than the K-1. I'll dig around and see what I can find. I'm also very curious about the time difference as far as arrival in the States go. I assume it's (generally) shorter than the 13 months currently being quoted for K-1 but I haven't (yet) found where that's given.

 

13 months is the USCIS quoted timeframe for the approval of the I-129F petition.

 

Either process will take about two years.

[Timona 4,208]

Expect some scrutiny if you're fishing from the same pond. Basically, what country of origin are your exes? And when were their petitions?

[R. Wolfe 25]

I've read a lot of advice that, these days, one should pursue a CR-1 rather than a K-1. I think it's important to note that the CR-1 route seems to have stricter requirements up front than the K-1. Aside from the actual marriage ceremony, you need joint property, mutual bank accounts, or other stuff that is not strictly required for a K-1. In other words, the relationship really needs to be at the stage where your lives are intertwined and inseparable for a CR-1 while a K-1 feels like you could still be at the "very serious dating" stage - but not yet living together or sharing a bank account etc.. Of course, that intertwined stuff could still help, but after reading through the I-130 document it seems to be much more of a requirement for filing for the CR-1 than it does for K-1.

 

I'm writing this both to check that my reading of the situation is correct, and to warn those thinking of moving from the K-1 to a CR-1 that you may need to do more than just get married in order to switch from one to the other.

 

 

Here's the bit form I-130 instructions:

 

NOTE: In addition to the required documentation listed above, you should submit one or more of the
following types of documentation that may prove you have a bona fide marriage:

(1) Documentation showing joint ownership of property;
(2) A lease showing joint tenancy of a common residence, meaning you both live at the same address together;
(3) Documentation showing that you and your spouse have combined your financial resources;
(4) Birth certificates of children born to you and your spouse together;
(5) Affidavits sworn to or affirmed by third parties...; or
(6) Any other relevant documentation to establish that there is an ongoing marital union.

[R. Wolfe 25]

I should have mentioned this bit (in bold in the I-130 instructions):

 

You must submit clear and convincing evidence that you and your spouse entered into the marriage in good faith and not for immigration purposes.

 

as this is what got me thinking about the difference in "soft" requirements. Is a couple switching from K-1 to CR-1 (and thus getting married a year or so earlier than anticipated) because it is now (maybe) faster and cheaper entering into the marriage for "immigration purposes"? Or does the USCIS see a bona-fide engagement with an earlier-than-originally-planned marriage still "good faith"?

 

[Boiler 45,897]

Obviously do what you can, bit in many cases with people living in different countries there will be only so much that is possible.

 

In many cases being Married has advantages.

[arken 4,197]

Of course the requirement for CR1/IR1 is higher as it yields direct Green Card. A successful K1 is just temporary and has to provide other evidences down the road when applying for GC.

 

Having said that not all those listed  categories especially joint financing and joint residence are expected for a immigrant visa interview. If timeline for K1 and CR1 is the same, i'd always go for CR1.

[Crazy Cat 42,032]

43 minutes ago, R. Wolfe said:

I think it's important to note that the CR-1 route seems to have stricter requirements up front than the K-1. Aside from the actual marriage ceremony, you need joint property, mutual bank accounts, or other stuff that is not strictly required for a K-1.

Nope.  Newly married couples living in different countries, are not expected to have joint accounts or joint property.  A marriage certificate and evidence of time actually spent together are the very best initial evidence for a CR-1.  The things you mentioned are great evidence when removing conditions, 2 years after receiving the initial Green Card.

 

NOTE: In addition to the required documentation listed above, you should submit one or more of the
following types of documentation that may prove you have a bona fide marriage:

(1) Documentation showing joint ownership of property;
(2) A lease showing joint tenancy of a common residence, meaning you both live at the same address together;
(3) Documentation showing that you and your spouse have combined your financial resources;
(4) Birth certificates of children born to you and your spouse together;
(5) Affidavits sworn to or affirmed by third parties...; or
(6) Any other relevant documentation to establish that there is an ongoing marital union.

Edited July 5, 2022 by Crazy Cat

[arken 4,197]

27 minutes ago, R. Wolfe said:

Is a couple switching from K-1 to CR-1 (and thus getting married a year or so earlier than anticipated) because it is now (maybe) faster and cheaper entering into the marriage for "immigration purposes"?

You are confusing yourself with uscis's intent of "immigration purpose". Some people marry not to be partners or soulmates but just so one can immigrate and then they divorce asap. That's marrying for immigration purpose.

 

People who marry with the intent to be soulmates and live together and file for petition are not considered marrying for immigration purpose but rather immigrating for living/being together purpose and that usually yields a successful visa/GC. 

Edited July 5, 2022 by arken

[Verrou 1,962]

you can get marry but if u havent live together, submit what you can

if ur spouse is in another country at the moment, obviously there's certain thing that you cant submit yet

[yuna628 9,697]

I look at it this way: a K1 will ultimately require that AOS be completed once the partner is married and living in the USA and then eventually ROC. So gathering as much proof of joint lives will be important to prepare for the future. For a K1, the burden of proof is a slower incremental process, which I think can work out good in some situations for couples. Our lives were already pretty intertwined by the time we filed for K1, we just simply needed to marry. They are just different pathways that work out well for certain couples in different situations. So you should weigh the advantages/disadvantages and choose accordingly.

37 minutes ago, R. Wolfe said:

I should have mentioned this bit (in bold in the I-130 instructions):

 

You must submit clear and convincing evidence that you and your spouse entered into the marriage in good faith and not for immigration purposes.

 

as this is what got me thinking about the difference in "soft" requirements. Is a couple switching from K-1 to CR-1 (and thus getting married a year or so earlier than anticipated) because it is now (maybe) faster and cheaper entering into the marriage for "immigration purposes"? Or does the USCIS see a bona-fide engagement with an earlier-than-originally-planned marriage still "good faith"?

 

For immigration purposes means - is the foreign spouse only marrying you to obtain documents. Is the marriage a fraud? Do the two of you not actually care for each other? It does not mean two people choosing to change to an option that is legally available to them if they so wish to, so long as the relationship is an honest one.