K-1 or CR1 for long distance relationship?

[StrangerMe 1]

My partner and I are very conflicted on this and honestly I have been losing sleep and worrying all day about all of this.

We have been together online 3.5 years and haven’t met yet. (Finances, we’re both still students)

in about two years we will meet, however with the saving up we need to do I suspect we will only meet twice before I move there.

we could go the Utah Online Marriage route for a CR1 since I’ve seen a lot of K-1 haters.

however, do you think in my case (high fraud country, only meeting in person two times maximum -yes I’m aware we need to meet after the marriage in order for it to be legit-) a k-1 would be a better choice? Or would a CR1 still be non suspicious? We have been calling and messaging almost every single day for 3.5 years but I know that in person stuff matter way more, and I know for a CR1 joint finances and whatnot are what really matters. 
We’re honestly at a loss. 

[Dashinka 24,498]

Either one (CR1/IR1 or K1) could work, and they both have hurdles.  I am not sure a spousal visa would be suspicious, especially if you can show the long-distance marriage has been comingled financially, and you maintained some level of continuous communication.   That being said, I would ask yourself a few other questions with respect to the pros and cons of either route.  I assume you are the intending immigrant based on your post, so is it important that after you move to the US, you are able to work immediately?  Is it important after you move to the US that you are able to leave and come back if necessary (i.e. a family emergency back home, a vacation to Mexico, etc.)?  If these two are very important to you, then I would pursue the spousal visa route (CR1/IR1), if these are not so important to you and you are able to wait 8-12 months for these, then you can take the K1 route.  These are probably the biggest reasons many here recommend the spousal visa over the K1, there are so many stories here on VJ of K1's coming to the US and then needing to start working, or needing to go back home for an emergency, and the waiting period for the immigrant before they get work authorization, advanced parole or their green card can be really taxing on any relationship.  With the spousal visa you get the GC upon US entry.  Other things to consider, the spousal visa route in the end is cheaper since it does not include the adjustment of status process.

 

Regardless, you have some time to consider both of the routes, and it is good that you are doing your research early.

 

Good Luck!

[Daphne . 1,865]

Calling @crazycat for his awesome pros and cons list! It is a great overview. 
 

 

[Crazy Cat 41,857]

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 K-1 might be a better choice when 18-21 year old children are immigrating also
    In some situations, marriage can affect certain Home country benefits, making a K-1 a better choice   
    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.
   

 

[StrangerMe 1]

Thanks everybody for responding. The CR1 is definitely what would suit us better, I’m just worried about the question of “why did you get married after only spending such little time in real life together?” Or something like that. 

[Crazy Cat 41,857]

12 minutes ago, StrangerMe said:

Thanks everybody for responding. The CR1 is definitely what would suit us better, I’m just worried about the question of “why did you get married after only spending such little time in real life together?” Or something like that. 

I would never recommend marriage until you have spent considerable together. More time together is always better for multiple reasons.  Having said that, my wife and I met in May of 2015.  By the end of July of 2015, we were married and living in Taiwan.  We started the spousal visa process about 8 months later 

[beloved_dingo 1,979]

13 minutes ago, StrangerMe said:

Thanks everybody for responding. The CR1 is definitely what would suit us better, I’m just worried about the question of “why did you get married after only spending such little time in real life together?” Or something like that. 

This is not uncommon and USCIS sees it all the time. However, you do need to spend as much time together as possible to strengthen your case, especially being from Saudi Arabia. 

 

Are there any red flags in your case? Big age gap, different religions, not speaking the same language, etc?

[StrangerMe 1]

1 minute ago, Crazy Cat said:

I would never recommend marriage until you have spent considerable together. More time together is always better for multiple reasons.  Having said that, my wife and I met in May of 2015.  By the end of July of 2015, we were married and living in Taiwan.  We started the spousal visa process about 8 months later 

That’s my problem though! You guys were living together, my partner and I are unable to do that until after I move to the US

[StrangerMe 1]

1 minute ago, beloved_dingo said:

This is not uncommon and USCIS sees it all the time. However, you do need to spend as much time together as possible to strengthen your case, especially being from Saudi Arabia. 

 

Are there any red flags in your case? Big age gap, different religions, not speaking the same language, etc?

We both speak English and I’m not really religious (I am registered legally as one though, so we’ll see how that goes) nor is he. Only 4 year gap. He is willing to “change his religion” if it were to make our case more legit but I don’t think there’s anything like that legally in the US like there is here.

[beloved_dingo 1,979]

7 minutes ago, StrangerMe said:

We both speak English and I’m not really religious (I am registered legally as one though, so we’ll see how that goes) nor is he. Only 4 year gap. He is willing to “change his religion” if it were to make our case more legit but I don’t think there’s anything like that legally in the US like there is here.

That's good. 

 

Look, right now all you can both do is work towards the goal of visiting in person. Focus on school and getting income when it's feasible to do so, then visit. If that visit goes well and you both want to marry ASAP it is fine to do that - as I said before, quick marriages are common and USCIS sees them all the time. Then you have to work on getting as much evidence of your relationship/marriage as possible and the best evidence is time spent together. You do not have to live together to be successful with a spousal visa. Most couple pursuing a spousal visa are only able to visit. The point of the visa is to reunite spouses so they can be together in the U.S. 

 

So I know it seems really overwhelming right now, but like you said you've probably got a couple of years before this is even feasible. So spend that time working towards the goal of being together and go from there. 

[SalishSea 17,829]

6 hours ago, StrangerMe said:

My partner and I are very conflicted on this and honestly I have been losing sleep and worrying all day about all of this.

We have been together online 3.5 years and haven’t met yet. (Finances, we’re both still students)

in about two years we will meet, however with the saving up we need to do I suspect we will only meet twice before I move there.

we could go the Utah Online Marriage route for a CR1 since I’ve seen a lot of K-1 haters.

however, do you think in my case (high fraud country, only meeting in person two times maximum -yes I’m aware we need to meet after the marriage in order for it to be legit-) a k-1 would be a better choice? Or would a CR1 still be non suspicious? We have been calling and messaging almost every single day for 3.5 years but I know that in person stuff matter way more, and I know for a CR1 joint finances and whatnot are what really matters. 
We’re honestly at a loss. 

"Online" relationships count for very little when it comes to US immigration, especially when it comes to high-risk, high-fraud countries.  No amount of texting or phone calls can overcome little to no time spent in person.

 

If you choose a partner who lives overseas and the end goal is living together in the US, you kinda just need to accept that it will take time and money, often more than you'd like.

 

Putting in the time to really develop your relationship properly can save you the heartache later of denials and/or extended APs.

[StrangerMe 1]

1 minute ago, Jorgedig said:

"Online" relationships count for very little when it comes to US immigration, especially when it comes to high-risk, high-fraud countries.  No amount of texting or phone calls can overcome little to no time spent in person.

 

If you choose a partner who lives overseas and the end goal is living together in the US, you kinda just need to accept that it will take time and money, often more than you'd like.

 

Putting in the time to really develop your relationship properly can save you the heartache later of denials and/or extended APs.

Do you think meeting twice for a period of 10-14 days each would be enough to prove it?

We are willing to do more if we absolutely cannot get one with only visiting twice, but that would be kind of hard especially because we’re saving to live together.

[beloved_dingo 1,979]

3 minutes ago, Jorgedig said:

"Online" relationships count for very little when it comes to US immigration, especially when it comes to high-risk, high-fraud countries.  No amount of texting or phone calls can overcome little to no time spent in person.

 

If you choose a partner who lives overseas and the end goal is living together in the US, you kinda just need to accept that it will take time and money, often more than you'd like.

 

Putting in the time to really develop your relationship properly can save you the heartache later of denials and/or extended APs.

We are also talking about the commitment of marriage...there are many types of heartbreak to consider, not just of an immigration variety. 

 

Meeting in person is step #1 no matter what. No one will know whether their online LDR has a chance or not until that occurs. 

[SalishSea 17,829]

Just now, StrangerMe said:

Do you think meeting twice for a period of 10-14 days each would be enough to prove it?

We are willing to do more if we absolutely cannot get one with only visiting twice, but that would be kind of hard especially because we’re saving to live together.

There are no hard and fast rules, as visa decisions are made by evaluating the totality of circumstances.

 

The burden of proof that it is a bonafide (i.e. not for the purpose of a US green card) marriage is on you, and in the years I have spent reading VJ, I find that is best done by actual time spent in person together.

[Ontarkie 14,223]

~~Thread moved to What Visa Do I Need, from US Citizenship General Discussion~~