Advice on CR1 vs. K1 for German Fiancé and me

[Shawn90 0]

Hey all, 

 

I've skimmed the Forum for a while and while I realize that most members recommend the CR1 route over the K1 route, I'm hoping to get some specific advice for my fiancé and me.

 

To provide you all with some Background info: I'm half German and half American with dual citizenship. I grew up and spent most of my life in Germany and moved to the US a little over 6 years ago (As I mentioned, I have dual citizenship with a US passport, SSN card and I live and work here like any other citizen). My fiancé is Germany and currently lives in Germany.

 

We've known each other for nearly 10 years but only started dating in August of last year when I went back home to visit friends and family. Since then we've been dating via long distance and have seen each other five times (We met in Canada during the time period where no visitors where allowed in the US, after the re-opening she's come to visit me here 3 times and I went back to Germany once. There is no significant age difference between us (we're both in our 30s) and neither of us have been previously married or have any sort of criminal history.

 

We know we want to get married and for various reasons relocating back to Germany is not an option for me at this time. We've looked into our options and it seems like it really comes down to either the K1 or CR1 visa but we have some questions/concerns and can't decide which one is best for us.

 

The most important thing is for us to be together and for her to move here as soon as possible, everything else is secondary as of now. We realize there is a significant backlog right now either way, but it is my understanding that at this point the fastest way for her to stay here with me legally and long term would be the CR1 visa, is this correct?

 

If we do go with the CR1 route, we could easily get married in Germany on my next visit, but I've read on the USCIS website that they require proof that the marriage is "bona fide" and that's where we have some concerns. We can't really provide any of the suggested examples, such as joint bank account statements or a joint lease agreement. Are these absolutely necessary? Would it be enough to provide them proof that our relationship is genuine like photos of our trips together, phone logs, plane tickets, etc. as well as the marriage certificate from Germany?

 

I would really appreciate any advice or insight from personal experiences.

 

Thanks!

[Dashinka 23,251]

If you get married and file the I130, there will be plenty of time for you to comingle the marriage, so I would not worry too much about that.  You could add your spouse to things like utility bills, insurance, 401K, etc. while the I130 was making its way through the system.  The other things you mentioned such as trips to see each other, pictures, etc. are also good.  As to timelines, I believe the K1 might be slightly faster at some consulates, but in general, it is similar to the spousal visa.

 

Good Luck!

[mushroomspore 3,043]

25 minutes ago, Shawn90 said:

Hey all, 

 

I've skimmed the Forum for a while and while I realize that most members recommend the CR1 route over the K1 route, I'm hoping to get some specific advice for my fiancé and me.

 

To provide you all with some Background info: I'm half German and half American with dual citizenship. I grew up and spent most of my life in Germany and moved to the US a little over 6 years ago (As I mentioned, I have dual citizenship with a US passport, SSN card and I live and work here like any other citizen). My fiancé is Germany and currently lives in Germany.

 

We've known each other for nearly 10 years but only started dating in August of last year when I went back home to visit friends and family. Since then we've been dating via long distance and have seen each other five times (We met in Canada during the time period where no visitors where allowed in the US, after the re-opening she's come to visit me here 3 times and I went back to Germany once. There is no significant age difference between us (we're both in our 30s) and neither of us have been previously married or have any sort of criminal history.

 

We know we want to get married and for various reasons relocating back to Germany is not an option for me at this time. We've looked into our options and it seems like it really comes down to either the K1 or CR1 visa but we have some questions/concerns and can't decide which one is best for us.

 

The most important thing is for us to be together and for her to move here as soon as possible, everything else is secondary as of now. We realize there is a significant backlog right now either way, but it is my understanding that at this point the fastest way for her to stay here with me legally and long term would be the CR1 visa, is this correct?

 

If we do go with the CR1 route, we could easily get married in Germany on my next visit, but I've read on the USCIS website that they require proof that the marriage is "bona fide" and that's where we have some concerns. We can't really provide any of the suggested examples, such as joint bank account statements or a joint lease agreement. Are these absolutely necessary? Would it be enough to provide them proof that our relationship is genuine like photos of our trips together, phone logs, plane tickets, etc. as well as the marriage certificate from Germany?

 

I would really appreciate any advice or insight from personal experiences.

 

Thanks!

K1 is only SLIGHTLY faster than CR1. The disadvantage of K1 is that the K1 does not automatically provide the green card. With K1, you enter with it and the visa is no longer valid as it is a one-time use visa. After entry with K1, you would have to file I-485 Adjustment of Status (along with other forms) plus all the filing fees. No employment authorization and no international travel until your spouse gets the Employment Authorization Document and Advanced Parole (both of these forms are free to file concurrently with I-485) OR their green card is granted. This is easily taking at least 8-12 months right now.

 

Lots of people say the same thing: "Our priority is just being together ASAP." However, not being able to work and/or travel internationally for months or even a whole year is still something to take into consideration, if only for your spouse's mental health. Lots of people underestimate the stress of being unable to work and travel, especially after immigrating to a whole new country. Also, 2 incomes are always better than 1 and even if you feel secure in your job right now, we can't predict the future. Sure, CR1/IR1 takes a little bit longer (but not THAT much longer tbh) but upon entry with this visa, the immigrant is a permanent resident and is immediately authorized to work and travel internationally and the green card will be sent shortly after entry. Less headache. Take any reason you can to deal with USCIS as minimally as possible as they're very annoying to deal with.

 

As for the evidence, you have time. You don't have to have ALL those things but you can do things like add each other to any insurances, anything that shows shared address and cohabitation. They know that couples who have not been married long won't have a lot of this. You can go to the bank to add each other's names to an account or to each other's credit cards as authorized users.

Edited July 18, 2022 by mushroomspore

[Redro 4,600]

12 hours ago, Shawn90 said:

 

 

If we do go with the CR1 route, we could easily get married in Germany on my next visit, but I've read on the USCIS website that they require proof that the marriage is "bona fide" and that's where we have some concerns. We can't really provide any of the suggested examples, such as joint bank account statements or a joint lease agreement. Are these absolutely necessary? Would it be enough to provide them proof that our relationship is genuine like photos of our trips together, phone logs, plane tickets, etc. as well as the marriage certificate from Germany?

 

I would really appreciate any advice or insight from personal experiences.

 

 

 

 

The suggested proof for spousal visas also pertains to those adjusting status (living in the US together). The proof of relationship you'll be submitting will probably look exactly the same as your I-129F package. 

You should include proof of spending time together (passport stamps, boarding passes, photographs with family and friends, photographs in touristy areas, photos of the wedding, hotel receipts). 

 

I know everyone wants to start with their new life with their partner ASAP but think about the quality of life. Research what your partner is able to do in your home state once they arrive in the US. Can they get a driver's license before they receive the work permit? Are they okay with being wholly dependent on your for 8-12 months? 

 

Currently there is no "fast" path to the US unless you move to Germany and file DCF. Both K1 and CR1 are taking at least 18 months.

Here are the timelines out of Frankfurt as recorded by VJ members.

K1 timelines Filing to  interviews- last 10 timelines (328-1071 days)

IR1/CR1 timelines Filing to interview - last 10 timelines (197-631)