Wondering if Relationship is Strong Enough for CR1 or is K1 a Stronger Option?

[Brendenstn 1]

Me and my girlfriend feel that our relationship isn't the most "normal" and we worry about how strong our proof of relationship/marriage will be for either K1 or CR1 respectively (we are unsure about whether to do K1 or CR1 but leaning towards CR1)
We already know that we want to get married and will do either K1 visa or CR1 visa depending on whichever one is most likely to be accepted for our case.

We have known each other for 6 months, 2 online and 4 months in person living in the same house together 24/7 and never being separated once. Since I was in the UK without a visa, I left before it got too close to the 6 month deadline, worried about my ability for future UK visits given her ESTA was denied at Port of Entry when trying to visit me in the US (treated as immigrant without visa, no strong ties to UK)

We always had marriage in mind as an end goal for our relationship when we got into it in the first place, always kind of treated one another like a husband and wife, and after 6 months of our relationship together none of that has changed in the slightest.
Due to this amongst other factors of only knowing each other for a short time, not having many pictures together, not going out on dates much mainly staying at home, not getting along with her family for pictures and not being able to meet my family for pictures due to her ESTA denial , her being 18 me being 25,  not wanting to go into much detail about how and why we met (personal reasons),  etc. we worry how our relationship would look like for a K1 visa, thinking that CR1 visa might look stronger.

If we did marry online then met up for consummation purposes basically right now and submitted the CR1 visa asap, would our case be strong enough to be approved, or would it be stronger to not marry and submit the evidence we have (some pictures together, spending money on one another, living together for 4 month despite not having easy legal ways to prove that, letters from family recognizing relationship, call logs, chat history on discord, and whatever else evidence we can put together) for K1 visa?

Edited May 19, 2022 by Brendenstn

[beloved_dingo 1,939]

5 minutes ago, Brendenstn said:

Me and my girlfriend feel that our relationship isn't the most "normal" and we worry about how strong our proof of relationship/marriage will be for either K1 or CR1 respectively (we are unsure about whether to do K1 or CR1 but leaning towards CR1)
We already know that we want to get married and will do either K1 visa or CR1 visa depending on whichever one is most likely to be accepted for our case.

We have known each other for 6 months, 2 online and 4 months in person living in the same house together 24/7 and never being separated once. Since I was in the UK without a visa, I left before it got too close to the 6 month deadline, worried about my ability for future UK visits given her ESTA was denied at Port of Entry when trying to visit me in the US (treated as immigrant without visa, no strong ties to UK)

We always had marriage in mind as an end goal for our relationship when we got into it in the first place, always kind of treated one another like a husband and wife, and after 6 months of our relationship together none of that has changed in the slightest.
Due to this amongst other factors of only knowing each other for a short time, not having many pictures together, not going out on dates much mainly staying at home, not getting along with her family for pictures and not being able to meet my family for pictures due to her ESTA denial , her being 18 me being 25,  not wanting to go into much detail about how and why we met (personal reasons),  etc. we worry how our relationship would look like for a K1 visa, thinking that CR1 visa might look stronger.

If we did marry online then met up for consummation purposes basically right now and submitted the CR1 visa asap, would our case be strong enough to be approved, or would it be stronger to not marry and submit the evidence we have (some pictures together, spending money on one another, living together for 4 month despite not having easy legal ways to prove that, letters from family recognizing relationship, call logs, chat history on discord, and whatever else evidence we can put together) for K1 visa?

Living together 4 months is a lot more time together than many couples who seek a K1 or CR1 have, and the UK is a low-fraud country. On that front I don't see much cause for concern from an immigration standpoint.

 

However, you have shared some details of your relationship that are concerning on perhaps a more personal level. 18 is very, very young to get married. Even more so if your relationship with her began before she was 18. What is the rush to get married when you have known each other only 6 months?

 

You mention that your relationship isn't the most "normal" - can you elaborate on why you think that? And what is the issue with her parents? Was your girlfriend estranged from her parents prior to your relationship, or are her family issues specifically related to your relationship?

 

 

[Brendenstn 1]

2 minutes ago, beloved_dingo said:

Living together 4 months is a lot more time together than many couples who seek a K1 or CR1 have, and the UK is a low-fraud country. On that front I don't see much cause for concern from an immigration standpoint.

 

However, you have shared some details of your relationship that are concerning on perhaps a more personal level. 18 is very, very young to get married. Even more so if your relationship with her began before she was 18. What is the rush to get married when you have known each other only 6 months?

 

You mention that your relationship isn't the most "normal" - can you elaborate on why you think that? And what is the issue with her parents? Was your girlfriend estranged from her parents prior to your relationship, or are her family issues specifically related to your relationship?

 

The things we don't think are "normal" are basically just the fact that we don't get along with normal people in general, that knew that we both wanted to be married at some point in our lives before meeting one another, and some of our shared interests that made us fall for one another in the first place. The fact that you feel this is concerning on a personal level is the reason we are wondering if it is concerning on an immigration level and feeling like we aren't the most typically understood couple, though that is our own views that could be amidst a sea of bias.

Rest assured our relationship began while she was 18, and she will be turning 19 next month as well.
We are not in a rush to get married (though we do want to be married together, it doesn't matter if we are or aren't since our love is true all the same), just a rush to be permanently physically together since we cannot bear spending a single second apart.

Her family issues were from before we met, but I was living at her place with her father during my 4 month stay.
Neither of us simply got along with him well enough to want to take photos together with him feeling uncomfortable, but he is supposedly in support of our relationship since he never objected to my stay.
We haven't talked about marriage to her father since we have trouble talking to him in general, but both my mother and father are in support of our relationship and marriage whether that is K1 or CR1 as I have discussed it with them since both me and my gf get along with my side o the family.

I hope this wasn't too lengthy of a reply, just trying to cover all of our bases and details and such.

[SalishSea 16,862]

25 minutes ago, Brendenstn said:

just a rush to be permanently physically together since we cannot bear spending a single second apart.

Just FYI, either route you take (K-1 vs CR-1) will not be fast.  Plan for the process to take  at least two years.

[Brendenstn 1]

Just now, Jorgedig said:

Just FYI, either route you take (K-1 vs CR-1) will not be fast.  Plan for the process to take  at least two years.

Yeah we are well aware, but we don't have any other option for us since we would rather live in US than UK for both personal reasons and that it would be easier for us and me to find work and sponsor her here and have a place to stay than for her the other way around.

It's a hell that they make you go through but it's one that is weather-able as long as love is on your side.
Despite her ESTA denial we plan to meet up as often and for as long as we can wherever we can during the long processing times.

[beloved_dingo 1,939]

1 hour ago, Brendenstn said:

The things we don't think are "normal" are basically just the fact that we don't get along with normal people in general, that knew that we both wanted to be married at some point in our lives before meeting one another, and some of our shared interests that made us fall for one another in the first place. The fact that you feel this is concerning on a personal level is the reason we are wondering if it is concerning on an immigration level and feeling like we aren't the most typically understood couple, though that is our own views that could be amidst a sea of bias.

Rest assured our relationship began while she was 18, and she will be turning 19 next month as well.
We are not in a rush to get married (though we do want to be married together, it doesn't matter if we are or aren't since our love is true all the same), just a rush to be permanently physically together since we cannot bear spending a single second apart.

Her family issues were from before we met, but I was living at her place with her father during my 4 month stay.
Neither of us simply got along with him well enough to want to take photos together with him feeling uncomfortable, but he is supposedly in support of our relationship since he never objected to my stay.
We haven't talked about marriage to her father since we have trouble talking to him in general, but both my mother and father are in support of our relationship and marriage whether that is K1 or CR1 as I have discussed it with them since both me and my gf get along with my side o the family.

I hope this wasn't too lengthy of a reply, just trying to cover all of our bases and details and such.

Nothing you have mentioned will cause you issues as far as immigration is concerned.

I would suggest looking at the guides here to determine which path forward will work best for you and your girlfriend.

 

Btw you mentioned that your girlfriend was denied entry on ESTA, but has she tried applying for a regular visitor visa? I believe the cost is $160 so worst case scenario you're out the cost of applying, but if she is granted a B1/B2 she can visit you in the U.S.

[Brendenstn 1]

3 minutes ago, beloved_dingo said:

Nothing you have mentioned will cause you issues as far as immigration is concerned.

I would suggest looking at the guides here to determine which path forward will work best for you and your girlfriend.

 

Btw you mentioned that your girlfriend was denied entry on ESTA, but has she tried applying for a regular visitor visa? I believe the cost is $160 so worst case scenario you're out the cost of applying, but if she is granted a B1/B2 she can visit you in the U.S.

I'm glad that nothing seems to be bad on an immigration standpoint; I do wonder how much of this is paranoia given the large time investment and potential risk vs a healthy dose of caution.

 

As for a B1/B2 visa, from our understanding and research on the matter it seems like it would be hard to achieve and we don't want to have too many "attempts" at entering the US since we have read that it is a red flag to seem desperate at entering the US.
I accompanied her while she was attempting to make it into the US, at port of entry they pulled her aside and dug into our relationship and her own "ties to home" for many hours of questioning and basically invasions of privacy, ultimately having her denied under INA 217 and being told that she was being labeled as an immigrant without an immigrant visa, and that it would be hard to be accepted for any type of visa that was not one with immigration intent.
We would be more than pleased to hear that we could still apply for a different type of visa and have her visit me that way to make the wait that much more bearable, but it doesn't seem like that is an option for us given the reason for her denial, plus it seems difficult for visiting while I-130/I-129F is processing anyway and we do want to have her permanently live with me so we want to have that in motion asap so we are waiting as short as possible.

[Crazy Cat 39,600]

12 minutes ago, Brendenstn said:

I'm glad that nothing seems to be bad on an immigration standpoint; I do wonder how much of this is paranoia given the large time investment and potential risk vs a healthy dose of caution.

 

As for a B1/B2 visa, from our understanding and research on the matter it seems like it would be hard to achieve and we don't want to have too many "attempts" at entering the US since we have read that it is a red flag to seem desperate at entering the US.
I accompanied her while she was attempting to make it into the US, at port of entry they pulled her aside and dug into our relationship and her own "ties to home" for many hours of questioning and basically invasions of privacy, ultimately having her denied under INA 217 and being told that she was being labeled as an immigrant without an immigrant visa, and that it would be hard to be accepted for any type of visa that was not one with immigration intent.
We would be more than pleased to hear that we could still apply for a different type of visa and have her visit me that way to make the wait that much more bearable, but it doesn't seem like that is an option for us given the reason for her denial, plus it seems difficult for visiting while I-130/I-129F is processing anyway and we do want to have her permanently live with me so we want to have that in motion asap so we are waiting as short as possible.

Sounds like she will not be visiting you inside the US until she has a proper immigrant visa.  I suggest you consider marrying outside the US, then starting the CR-1/spousal visa process. 

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.
   

 

 

Edited May 19, 2022 by Crazy Cat

[Family 3,549]

2 hours ago, Brendenstn said:

always had marriage in mind as an end goal for our relationship when we got into it in the first place, always kind of treated one another like a husband and wife, and after 6 months of our relationship together none of that has changed in the slightest.

If both of you are committed to getting married and spending the rest of your life together , then UTAH online is your best option and will work out to save you some serious money .
USCIS will approve the I-130 just by virtue of Marriage Certificate ( and in the Utah online marriage w proof of being together after) …and for the interview you will have to opportunity to even fly there to accompany her , to show support and she can tell the Officer, my husband is outside eagerly waiting the approval. 
 

K-1 stopped being the “fast” way of bringing the partner in and has zero advantages in your case…also too much discretionary power to Officers on what meets “ relationship “ . A spousal visa has the weight of a marriage certificate and barring fraud, can overcome most Consular concerns. 

 

[pushbrk 12,232]

2 hours ago, Family said:

If both of you are committed to getting married and spending the rest of your life together , then UTAH online is your best option and will work out to save you some serious money .
USCIS will approve the I-130 just by virtue of Marriage Certificate ( and in the Utah online marriage w proof of being together after) …and for the interview you will have to opportunity to even fly there to accompany her , to show support and she can tell the Officer, my husband is outside eagerly waiting the approval. 
 

K-1 stopped being the “fast” way of bringing the partner in and has zero advantages in your case…also too much discretionary power to Officers on what meets “ relationship “ . A spousal visa has the weight of a marriage certificate and barring fraud, can overcome most Consular concerns. 

 

While I don't necessarily disagree with the opinions expressed above, things like "too much discretionary power...." and "weight of a marriage certificate" are personal "feelings" not actual facts, so best to express them as such to avoid confusion.

 

Consular Officers have the same judgment call to make as to bona fide relationship whether K1 or CR1.  This couple has four months together an she's coming form the UK, not some high fraud country.

 

Lots of practical advantages to the immigrant spouse visa, just not the two I quoted from Family's post, in my opinion and in my experience.

[Brendenstn 1]

Thank you everyone very much that has responded, it is nice to get some outside opinions on things.
Naturally we have both been rather stressed and worried about our ability to be together

From how things look it seems like CR1 is our best option, since it seems that our marriage will hopefully be recognized as legitimate given the time we have already had together alongside the rest of the evidence that we can provide.

The only thing to do now is gather the evidence and actually plan the wedding itself.
The most convenient,fast, and cheapest way would be an online marriage since as long as it is consummated we can file I-130, and since other people have mentioned it here I do hope that it wouldn't make our case look worse. The mater then is just finding a proper legal legitimate service.
 

[Crazy Cat 39,600]

5 minutes ago, Brendenstn said:

he most convenient,fast, and cheapest way would be an online marriage

USCIS will not recognize a marriage until you are both in the presence of each other either during or after the ceremony.  You cannot legally start the process until the marriage is consummated (both together in the same place).

[JeanneAdil 6,244]

Utah zoom doesn't save money since you still need to travel to be together to consummate the marriage after

and leaving her parents out of a marriage ceremony is not a good way to start a healthy tie to her family

 

as for this statement   ("we don't get along with normal people in general"    that to me is part of what your age group thinks

u express everything quite clearly here and that shows good communication skills which is what we all need to "get along with people")

 

and falling in love at 18 and 25 is pretty much accepted

but nice if both of u work on some degree of higher education so u don't have to live from paycheck to paycheck

 

to support either visa (and we don't like K1 here) u need income (US income) and US residency

so,  work on that 

this isn't going to be fast and your plans to spend a lot of time together are not realistic as u need to work and we don't a lot of time off for vacations ( 2 weeks if lucky and not until u put in a full year of work -normal)

 

to support a wife u need to work and this may have been an issue when living free off her family

 

getting along with others is not your issue   /  maturity is what lacks here

[pushbrk 12,232]

9 minutes ago, Crazy Cat said:

USCIS will not recognize a marriage until you are both in the presence of each other either during or after the ceremony.  You cannot legally start the process until the marriage is consummated (both together in the same place).

Absolutely, so no amount of time together before the marriage counts as consummation. It has to be AFTER or during.

 

[pushbrk 12,232]

2 minutes ago, JeanneAdil said:

(and we don't like K1 here)

Huh??  While most of us who post in the spouse visa forum are aware of the advantages of the spouse visa, the K1 is the right visa for many people based on their own circumstances and priorities.  When it fits, what we like or don't like about it (pros and cons) have to give way to personal priorities.