Daunted by the K-1/CR1 decision. Help!

[Boiler 45,733]

Just now, Nathan Alden, Sr. said:

 

I'm sorry, I'm having trouble understanding what you are trying to say. Is there some additional requirement that Utah places on these online weddings? How does that relate to the CR1?

No

 

USCIS

[RO_AH 1,659]

6 minutes ago, Nathan Alden, Sr. said:

 

Can you explain this? I was unaware this was a thing. Are you referring to the "meet at least once in person in the last two years" requirement?

Your marriage must be consummated before filing for a CR-1. Meaning that you will need to be together in person. If you are there when doing am online wedding you are good. If you are apart when doing the online wedding, you will need to go in person before filing.

[Nathan Alden, Sr. 17]

2 minutes ago, RO_AH said:

Your marriage must be consummated before filing for a CR-1. Meaning that you will need to be together in person. If you are there when doing am online wedding you are good. If you are apart when doing the online wedding, you will need to go in person before filing.

 

Ahh, I see. So essentially, fully remote experiences are not allowed. I understand now. Thanks!

[RO_AH 1,659]

Utah weddings became a big thing during Covid when the Philippines was locked down, you would need a special visa that you could only get if you were married. So people started doing that, then they were able to go there to meet in person so they could file.

[Nathan Alden, Sr. 17]

I see. This is super interesting information to learn. If I may: what are the lead times on these Utah weddings? How much time would I want to leave myself before starting that process? Optimally, we would be together in the Philippines the entire time to reduce the complexity.

[RO_AH 1,659]

2 minutes ago, Nathan Alden, Sr. said:

I see. This is super interesting information to learn. If I may: what are the lead times on these Utah weddings? How much time would I want to leave myself before starting that process? Optimally, we would be together in the Philippines the entire time to reduce the complexity.

Just search posts in this regional forum, there is a LOT of info on it. It is pretty simple. I don't know how long you have virtually known her but if it's been a long time and you are living together for a month for a visit, you could feasibly get it done the last few days before you leave. Or do it when you get back home but before going for another visit. Make sure you take lots of pics together while you are there including family and friends. You will need that when you apply for the visa.

[Nathan Alden, Sr. 17]

Just now, RO_AH said:

Just search posts in this regional forum, there is a LOT of info on it. It is pretty simple. I don't know how long you have virtually known her but if it's been a long time and you are living together for a month for a visit, you could feasibly get it done the last few days before you leave. Or do it when you get back home but before going for another visit. Make sure you take lots of pics together while you are there including family and friends. You will need that when you apply for the visa.

 

Thanks. I am intimately familiar with the rest of the bureaucratic nonsense, sadly. What a nightmare. "No, you are NOT allowed to love one another easily!" Government.

[SalishSea 17,970]

1 hour ago, widude said:

 A ‘Utah zoom wedding’ seems a bit much if not of met yet?? 

So does filing a fiance visa petition without being completely sure.  After all, it does require intent to marry.  It is not a "try it out and see" type of deal.

[SalishSea 17,970]

45 minutes ago, Nathan Alden, Sr. said:

 

Thanks. I am intimately familiar with the rest of the bureaucratic nonsense, sadly. What a nightmare. "No, you are NOT allowed to love one another easily!" Government.

That isn't it at all.  US citizens have been scammed for green cards by people from third-world and developing countries.  It pays to be vigilant whenever there is a large difference in equity in a relationship.  Many of these marriages would never happen if living in the US was off the table....

[Nathan Alden, Sr. 17]

4 minutes ago, SalishSea said:

That isn't it at all.  US citizens have been scammed for green cards by people from third-world and developing countries.  It pays to be vigilant whenever there is a large difference in equity in a relationship.  Many of these marriages would never happen if living in the US was off the table....

 

I understand. I've read all the same stories that you have. I'm not letting emotions or imagination carry me away, believe me. Thank you for the advice; it is appreciated. 😊

[top_secret 2,458]

I definitely am a big proponent of spending some time together.  The more the better.  Anyone can be anything the want anyone to see online.  People can even keep up appearances in person for shorter visits.  No substitute for in person time getting to know someone.

 

If you are serious, the Utah online marriage  has some significant advantages including time for overall completion of the process since it gets a marriage certificate you could file with much faster than Philippine bureaucracy would.  The legal aspects of the online marriages are now quite tested and are being fully accepted both for US immigration and Philippine laws.  They are successfully going through US Embassy Manila for visa purposes in large numbers.  Probably daily.

[spicynujac 27]

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am I correct in concluding that all else being equal the K-1 process is far simpler than the CR1 process? 

Actually the opposite--the CR1/IR1 is far simpler, cheaper, and generally faster than the K-1.  The K-1 will cost you many hundreds of dollars more (possibly thousands with pending fee increases), not to mention additional paperwork filings, etc.  and your marriage will be in a sort of grey zone until the US gov't is confident it's going to last (you have to go to interviews proving it's a legit marriage once back in the USA, file a bunch more documents, pay hundreds in fees for each one, etc.) versus the CR1/IR1 which is simpler, faster, easier, requires less documentation, and upon entry to the USA your foreign bride has all the benefits an American spouse has (except voting).  Plus it's the general consensus of the forum that CR1 is superior, as long as you are ready to commit to marriage.

 

I was in the same boat as you this time last year (even asked my Filipina gf who I got to know very well during covid-19 lockdowns if she would do the online marriage before our first physical meeting but she was reluctant).  We treated the online Utah ceremony as a civil union, applied for the visa, and then later travelled there for the romantic proposal and planning of a ceremony for her friends and family to enjoy.   Then an additional trip back for the ceremony.  If you do it this way, then the 2 year waiting period is slightly more manageable because you have mini-goalposts spread out during the process instead of just years helplessly waiting for a bureaucrat to process your file.

 

Note that you have to be together DURING OR AFTER the Utah wedding BEFORE you can file for a US spousal visa, so if you don't complete the Utah wedding while you are both together on this trip, you will need to visit her again before you can start the long US visa application process (you will need passport stamps to show physical presence together).

By the way if you do the Utah wedding option, I HIGHLY recommend Rev Chris at Universal Heart Ministry.  I wasn't expecting an emotional event, just checking boxes for a bureaucratic form, but he made the event extra special and followed up with a very nice card for something absurd like $50.  Just remember at some point you have to register your marriage with Philippine authorities (it's been a year and we still haven't started) and otherwise just follow the guides here.

 

Quote

So essentially, fully remote experiences are not allowed.

 

Fully remote is fine, you just have to be physically together as man and wife once, so visit either DURING or AFTER the Utah ceremony.

 

Finally, ignore the occasional pessimism on the forum (people accusing you of fraud, people defending the US government's ridiculous immigration system, etc.); it's actually a superb resource.  Best of luck to you!

[Crazy Cat 41,984]

On 3/16/2024 at 10:12 PM, Nathan Alden, Sr. said:

 

I understand. I've read all the same stories that you have. I'm not letting emotions or imagination carry me away, believe me. Thank you for the advice; it is appreciated. 😊

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 3-6 months) 
  Spouse can not work until she/he receives EAD (approx 3-6 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
  K-1 entrant cannot file for citizenship until after having Green Card for 3 years.
  Once an I-129F has been approved, delaying the case is difficult to impossible if the need arises.

CR-1/IR-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.
  The clock for citizenship filing starts immediately upon entry to the US.
  A CR-1/IR-1 case can be delayed indefinitely at NVC if the need arises. 
   

 

Edited March 28 by Crazy Cat