Question: which visa would be better for us? (Fiancé or spousal visa)

[KandB 0]

We have been dating for 7 years but haven't been able to meet yet due to financial issues and the pandemic. We're getting close to having enough to finally be able to meet in my home country and we want to get engaged during his visit here. Our plan was originally the k1/fiancé visa but i've been advised against it on reddit due to the long wait periods to get a work permit and ability to travel etc. But the problem about the CR1 is that we won't have any joint accounts/shared mortgage etc what is considered strong evidence of a bona fide marriage. We thought we could get married/elope in my home country, then my spouse would return home and file for me and give them the evidence we have (skype logs,messages,package and gift receipts, pictures) since we will likely have to live separately until i can move to live together in the US therefore can't share an account/car/etc like i mentioned above, but i'm worried it wouldn't be solid enough for the marriage visa. TLDR: we will be meeting in person for the first time and getting engaged but we don't know which visa would work for us. 

Edited March 18, 2023 by KandB

[Crazy Cat 39,222]

Dating 7 years and never met?  Your best evidence will be evidence of time actually spent together.  You don't have to have joint property or joint accounts at this point.  I suggest you meet, spend some time together, then make plans for the future.  Good luck.

 

I would strongly advise against a K-1.

[powerpuff 5,894]

~~ Topic moved from CR1/IR1 forum to What Visa Do I need forum ~~

[SteveInBostonI130 3,319]

Online chats and such is weak evidence, especially prior to meeting.  You or your bf could have chatted with tens of other people at the same time.  Not stating that you did, but to an onlooker how would they know?

 

When I met my wife online, I chatted with several others.  She did as well.  Another woman became close - it seemed like a gf-bf relationship but in reality it wasn't.  After a month we "broke off" and we stopped communicating.

 

The relationship with my wife didn't become real until I flew over and met her.  We held hands as we walked out of the airport and basically haven't let go.

 

There are college students and others who successfully get spousal visas with little or no commingling financial evidence and evidence of living together.   

 

Meet, spend time with each other, and if he is the one and you are the one for him, get married and go for the CR1.

[JeanneAdil 6,195]

If money is an issue, don't do K1 /its far more expensive than the CR1

 

At current time the AOS process after US marriage is $1225 but USCIS has proposed that to increase to $2820

[KandB 0]

2 hours ago, JeanneAdil said:

If money is an issue, don't do K1 /its far more expensive than the CR1

 

At current time the AOS process after US marriage is $1225 but USCIS has proposed that to increase to $2820

Wow that's a ridiculous increase. Is there any proper reasoning behind it ? 

[carmel34 3,531]

51 minutes ago, KandB said:

Wow that's a ridiculous increase. Is there any proper reasoning behind it ? 

Supposedly to hire more people and to upgrade technology, based on a very unlikely goal to speed up processing times.  Most who have followed USCIS for a few years tend to be skeptical that anything will improve, so it's just a government money grab.

[JeanneAdil 6,195]

4 hours ago, KandB said:

Wow that's a ridiculous increase. Is there any proper reasoning behind it ? 

Because the last increase they asked for was stopped by the court 

BTW  some of your fees pays for part of the ICE budget and we have over 11 million illegals we paying for 

[jan22 2,898]

1 hour ago, JeanneAdil said:

Because the last increase they asked for was stopped by the court 

BTW  some of your fees pays for part of the ICE budget and we have over 11 million illegals we paying for 

Incorrect.  ICE operates primarily from a Congressional appropriation, with a tiny amount coming from user fees they collect.  None of the USCIS fees collected fund any portion of ICE.

Edited March 19, 2023 by jan22

[SalishSea 16,770]

On 3/18/2023 at 2:58 AM, KandB said:

We have been dating for 7 years but haven't been able to meet

The 7 years of online dating or whatever is not relevant for US immigration.  Your success in getting a visa will be based on actual time spent together.

[KandB 0]

2 hours ago, Jorgedig said:

The 7 years of online dating or whatever is not relevant for US immigration.  Your success in getting a visa will be based on actual time spent together.

How am i supposed to ever get a visa in the next 2 years if we can only visit each other for 2 weeks at most ? I know we have to meet at least once in person to even be eligible of course, but what you're saying makes me worry that one or two visits won't be enough even with all the evidence of us being in a relationship.

[SalishSea 16,770]

2 minutes ago, KandB said:

How am i supposed to ever get a visa in the next 2 years if we can only visit each other for 2 weeks at most ? I know we have to meet at least once in person to even be eligible of course, but what you're saying makes me worry that one or two visits won't be enough even with all the evidence of us being in a relationship.

I never said one or two visits won't be enough.

 

What I mean is that the 7 years of chatting is not relevant 'evidence' to submit.  Focus on actual time spent together when you prepare the petition.  Time spent together counts, 'online dating' does not.

[SalishSea 16,770]

Just now, Jorgedig said:

we can only visit each other for 2 weeks at most

What do you mean?  

[KandB 0]

47 minutes ago, Jorgedig said:

What do you mean?  

We both have fairly new jobs and don't get a lot of vacation time even tho i'm thinking of quitting and visiting him while i'm in between jobs. 

[DaveAndAnastasia 2,078]

Though I don't recommend doing this from a "getting to know someone well enough to actually know if you want to marry them" standpoint, lots of people have successfully petitioned for a fiancé(e) or spouse they've spent less than two weeks together in-person with, and it's certainly not illegal. Back when we filed for a K-1 (in mid-2018, K-1s took about half as long as CR-1s to process -- 9 months vs 18 months, and since there were no Utah Zoom marriages then and getting married in Russia takes a lot of time in-country or multiple trips in a relatively short time actually getting married would have required a third-country wedding; this is not true today), it seemed to me that with three one-week-ish visits, we'd spent more time together than most people filing K-1s that posted about it on VJ.