Would choosing CR-1 over K-1 be a mistake?

[D-R-J 156]

If you get denied a CR-1 visa at interview it can be reaffirmed, whereas K-1 will just be sent back to expire and you’d have to probably do a CR-1 anyways. So in that sense CR-1 may be a “safer” bet if you are worried about being denied.

[POA 175]

14 hours ago, AfricanBweBwe said:

I apologize for multiple posts in the forums. I have many different trains of thought running through my head with many different questions right now. 

 

My partner and I have been together for one year. He is Ugandan, I am from the US. I’ve lived with him in Uganda for 11 out of the past 12 months (I took 1 month trip to US in May). 

 

We do NOT have:

 

- proof of sharing finances. I just withdraw from ATMs and we use the money together here. I would love for us to have a joint bank account, but I can’t find a way for that to be possible between Uganda and US. 

 

- a lease showing joint tenancy. The best I could do would be affidavits from friends here in Uganda stating that I’ve been living with him. Is that enough? Since I’m moving to US this month, I don’t know how practical it would be for us to share a lease at this point. Thoughts?

 

- joint ownership of property. This is a little tricky in Uganda. Traditionally it’s the man who owns the land (based on what I know, sorry if I’m mis-speaking). He has land, but I don’t know if it’s possible for me to share ownership of it as a woman. Any suggestions of other ways to show joint ownership besides land?

 

What we DO have:

 

- consistent photos of our relationship over the past year, including various trips throughout Uganda and Kenya together. 

 

- photos of him with my grandmother when she came to visit. 

 

- long history of WhatsApp conversations and calls. 

 

- original tickets and receipts from trips together 

 

My concern is that the proof that we have may be more applicable to a K-1 visa. However, we would prefer CR-1 for various reasons. We are still in the process of deciding which route to take, and I have a few questions in addition to the ones mentioned above. 

 

1. Will our marriage look suspicious if I move to US right after we marry in Uganda and our relationship becomes long-distance? My reasons for moving are to establish domicile, proof of adequate income, and to make enough money to even afford beginning the visa process. 

 

2. Would we have enough evidence of a bonafide marriage based on what I’ve listed above? I don’t know how easy it will be to get additional proof once I’m in the US... please, all suggestions are welcome. 

 

Thank you for taking the time to read. 

I was on CR1 and we also did NOT have what you don't have. I would personally choose CR-1 over K1 for many reasons. We did not have any joint ownership of land but what we did after getting married, is to open a joint account in the Philippines. The rest of our evidences are similar to what you have. 

 

#1 - No, it would not look suspicious, my husband went back to the US a day after our wedding. 

 #2 - I would say yes, that's pretty much what we sent initially, with an addition of remittances he sent me. 

[Duke & Marie 1,389]

CR1 is always better in my opinion.. and you’ve got more evidence (11 months living together) than we did.. 

 

we did a small elopement type ceremony here, just hubby and I with 2 withnesses..I really liked our little Bush Wedding, it was very special... 

 

 

[Just Paul 4,591]

Two quick thoughts.

 

A CR is good in that a refusal at the consulat can effectively be appealed via the USCIS reaffirmation process.   

 

A K1 is good if you can handle the risk of refusal and if approved, with your spouse, handle the wait and delay of getting an EAD, AP and becoming a participating member of society.  6 to 9 months of Netflix and chill can be a lot of stress for many relationships.

[Del A. 44]

22 hours ago, AfricanBweBwe said:

We are still in the process of deciding which route to take, and I have a few questions in addition to the ones mentioned above.

1 hour ago, Paul & Mary said:

A K1 is good if you can handle the risk of refusal and if approved, with your spouse, handle the wait and delay of getting an EAD, AP and becoming a participating member of society.  6 to 9 months of Netflix and chill can be a lot of stress for many relationships.

I personally chose K-1 for me (the beneficiary) and my husband knowing full well what we were getting into because:

1) We couldn't bear to spend any more time apart - this is probably the biggest reason why we chose K-1
2) We were confident we weren't gonna get denied - we had more than enough evidence of a bona fide relationship to qualify, I'm very organized with documentation (LOL), and I'm confident in interviews. A lot of K-1 applications trip at the finish line because of failing the interviews due to lack of confidence or failing to answer questions, giving the impression of fraud.
3) We're NOT eager for me to start working and/or travel overseas, so the EAD and AP delay were of no consequence to us. My husband makes decent money and we have a simple lifestyle, and we benefit more from our current arrangement of him being the breadwinner and I the homemaker.
4) Despite the lack of employment and such, I'm not bored or anything like that. And this arrangement makes our relationship easier rather than stressful. (Still pondering on how the "Netflix and chill" status can cause issues?) 😅
There are many other substantial activities to keep you occupied aside from a job, you just have to actually want to do something relevant with your time - learn a new skill or further develop one you already have, educate yourself on a topic of interest, etc. Whatever you choose to achieve in the meantime can also be aimed towards future employment.

So as you can see, choosing K-1 for me was for very tailored reasons; and I understand that most people can't relate as much. I believe that the K-1 path is better for you ONLY IF you feel as strongly as I and my husband did about these 4 points of consideration.

Good luck on your journey and I hope the route you take works best! 😊

Edited February 3, 2020 by Del A.
(minor grammar correction)

[POA 175]

6 hours ago, Del A. said:

I personally chose K-1 for me (the beneficiary) and my husband knowing full well what we were getting into because:

1) We couldn't bear to spend any more time apart - this is probably the biggest reason why we chose K-1
2) We were confident we weren't gonna get denied - we had more than enough evidence of a bona fide relationship to qualify, I'm very organized with documentation (LOL), and I'm confident in interviews. A lot of K-1 applications trip at the finish line because of failing the interviews due to lack of confidence or failing to answer questions, giving the impression of fraud.
3) We're NOT eager for me to start working and/or travel overseas, so the EAD and AP delay were of no consequence to us. My husband makes decent money and we have a simple lifestyle, and we benefit more from our current arrangement of him being the breadwinner and I the homemaker.
4) Despite the lack of employment and such, I'm not bored or anything like that. And this arrangement makes our relationship easier rather than stressful. (Still pondering on how the "Netflix and chill" status can cause issues?) 😅

- Think Netflix and chill can cause issues because some people gets bored, which was not the issue for you.  I personally, get bored very quickly being at home and at work, so that can stress some people out.

There are many other substantial activities to keep you occupied aside from a job, you just have to actually want to do something relevant with your time - learn a new skill or further develop one you already have, educate yourself on a topic of interest, etc. Whatever you choose to achieve in the meantime can also be aimed towards future employment. (THUMBS UP FOR THIS ONE! Although, not everyone are that motivated to do something else but to make money.)

So as you can see, choosing K-1 for me was for very tailored reasons; and I understand that most people can't relate as much. I believe that the K-1 path is better for you ONLY IF you feel as strongly as I and my husband did about these 4 points of consideration.

Good luck on your journey and I hope the route you take works best! 😊

 

Edited February 3, 2020 by POA

[Ryan H 3,791]

Moved from IR-1/CR-1 Process & Procedures to What Visa Do I Need - Family Based Immigration forum.