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

[Daphne . 1,852]

I think everybody here already 'set you straight'  but just to chime in as well:

* My husband and I had NO financial co-mingling, we had and still have, separate bank accounts. Even for removing the conditions on my conditional green card, this was no issue at all.

* We have no joint ownership of property or rental agreement in both our names

* We were married for 'only' 9 months when we started the application

 

All of this for the simple reason that we lived on 2 different continents  . 

 

What we did have were many documented trips (I usually visited him in the US), so boarding passes, pictures together and with other family members. 

 

I understand that it highly depends on the totality of the circumstances, I am from a very low fraud country so probably had an easier experience, but USCIS still has the common sense to know that a married couple who are not living together (yet), will not have much proof of co-mingled finances etc. 

[JeanneAdil 6,497]

When there are "Red flag" issues like us with big age difference and bene from a high fraud country,  then yes,  the embassy likes to see Joint tax returns and the starting of commingling of assets 

Which i was able to do with  applying for ITIN on tax returns and using that and a POA from him to add to checking account and utility bill

 

BUT big difference is high fraud v EU countries and embassies

and red flag issues where a USC has to show a strong committment from both

 

for others like from EU then marriage and the petition , they can go thru the process -normal steps - no RFE's 

 

Even though it took me years,   the CR1/IR1 is far superior

 

Spouse visa is a more permanent visa with instant green card upon I 551 stamp

k1 to actually get the green card takes longer from beginning to end of AOS  plus costs more

[JeanneAdil 6,497]

and u can't just switch from one to the other

marrying requres a whole new petition and fees

 

so the following statement is wrong

  Quoting u

"you may need to do more than just get married in order to switch from one to the other".

 

[RO_AH 1,659]

5 hours ago, R. Wolfe said:

you need joint property, mutual bank accounts, or other stuff

Not true.Most times it's not possible and the Embassy understands that.

 

5 hours ago, R. Wolfe said:

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.

That is saying that if you have it, submit it, not that it is all required. Of course the more that you can submit proving a bonafide relationship the better.

Edited July 5, 2022 by RO_AH

[Cathi 5,747]

People living in different countries have little, if any, shared accounts, assets and USCIS knows that so that makes no difference with the CR1. The CR1 is still by far, the superior choice, especially if the intended immigrant wants to travel internationally or work immediately. Either way you need to send a lot of evidence, with the CR1/IR1, it's up front instead of further down the road. Not to mention the price difference.

[Ontarkie 14,218]

~~Related threads merged. Please do not start more than one thread for related questions~~

[R. Wolfe 25]

Hey everyone, I appreciate the responses and information. I'm also glad to see that the advice is, for the most part, consistent.

 

My next thing to worry about is that it seems like you should get married, then wait a while (for additional trips, etc.) before filing a CR-1? That sounds really painful given how long after filing things take to get rolling. Waiting another 6-9 months after getting married before you start a 13+ month wait on the application processing would be unbearable! 

 

Is it ok to file right after getting married knowing that it will be a year or so before the application is even looked at and knowing, by then, you'll have logged plenty of additional bona fide time together? This is assuming you've known each other for a several months, and visited a couple/few times before getting hitched (like if you were just at the start of what would otherwise be  the K-1 stage of a relationship).

 

I guess I'm just paranoid that going the CR-1 route, though it sounds better, might be a trap if your relationship isn't more than a year old and is not comingled yet (even though it probably would be 13 months after filing) . I'd rather do a K-1 with a 90% chance of success than a CR-1 with a 50% chance of success. I'm trying to figure out (ballpark) what those percentages might actually be like in real life. 90 vs 50 is no good but 90 vs 85 would be acceptable. I don't want to make the wrong call and be back at square one a year and half from now.

 

[arken 4,197]

6 minutes ago, R. Wolfe said:

Is it ok to file right after getting married

I sent out i130 three weeks after I married, as soon as i came back to the US after marrying. It's not about when one can file the petition but what quality documents one can gather before filing. Of course if marriage certificate is the only document being presented, it might get denied. 
 

13 minutes ago, R. Wolfe said:

guess I'm just paranoid that going the CR-1 route, though it sounds better, might be a trap if your relationship isn't more than a year old and is not comingled yet (even though it probably would be 13 months after filing)

Rather than going in circles, if you list here what sort of evidences can you have so far even before marrying, you will get better judgement. After marrying there are few things you can do to gather evidences of bonafide marriage. All evidences count, pre marriage to post marriage.

[R. Wolfe 25]

I'm not sure how much judgement I really want, but in my specific case, my evidence is just the usual sort of stuff you'd have from spending a month  together back in January and another month now, with texts, calls, and the occasional money transfer,  in between. There are tons of vacation pics, I met the folks and the kids, we toured around up north and down south so there are plane tickets from that. I'm heading back to Thailand very soon to spend a few more weeks together. Aside from the legal paperwork and a real marriage ceremony while I'm there I'm not sure what else we could do to prove that our intentions are genuine.

 

Other background info: I'm 53. I was married (to an American) for 20 years and then, more recently, a Thai woman for 1 year.  No criminal issues, complaints, or anything like that. My current fiancé is 45, was married for a long time as well but is a widower. She has kids (10-19-25 who would not be coming to the US). She recently applied for a tourist visa but was turned down after the interview - which seems odd as she does have strong ties to Thailand and has travelled to Europe (and back) before. I don't know if that denied tourist visa is a problem, or my recent marriage (the K-1 for that was filed more than two years ago, the marriage ended last October, the I-485 and affidavit of support were withdrawn before adjustment of status), or the relatively short time we've been together. I do know, for certain, that I want to spend what's left of my life with her and that by 13 months from now we could have whatever proof of a (albeit long-distance) relationship anyone could possibly want. 

[SalishSea 17,820]

2 hours ago, R. Wolfe said:

I'm not sure how much judgement I really want, but in my specific case, my evidence is just the usual sort of stuff you'd have from spending a month  together back in January and another month now, with texts, calls, and the occasional money transfer,  in between. There are tons of vacation pics, I met the folks and the kids, we toured around up north and down south so there are plane tickets from that. I'm heading back to Thailand very soon to spend a few more weeks together. Aside from the legal paperwork and a real marriage ceremony while I'm there I'm not sure what else we could do to prove that our intentions are genuine.

 

Other background info: I'm 53. I was married (to an American) for 20 years and then, more recently, a Thai woman for 1 year.  No criminal issues, complaints, or anything like that. My current fiancé is 45, was married for a long time as well but is a widower. She has kids (10-19-25 who would not be coming to the US). She recently applied for a tourist visa but was turned down after the interview - which seems odd as she does have strong ties to Thailand and has travelled to Europe (and back) before. I don't know if that denied tourist visa is a problem, or my recent marriage (the K-1 for that was filed more than two years ago, the marriage ended last October, the I-485 and affidavit of support were withdrawn before adjustment of status), or the relatively short time we've been together. I do know, for certain, that I want to spend what's left of my life with her and that by 13 months from now we could have whatever proof of a (albeit long-distance) relationship anyone could possibly want. 

Given your recent history with a different K-1 from the same country, I'd expect some scrutiny.  At least she is not young enough to be your daughter or granddaughter.

 

More time spent together in person will help.

 

In the grand scheme of a lifetime together, taking the time to do things properly shouldn't be such a perceived barrier.