R. Wolfe

Is the information on this page correct? Marriage Based Visa Comparison Table It says that the "Time for Visa" is 13.5 months for a K-1 and 18.5 months for a CR-1. I understand that things are faster (and cheaper) once you are together in the US, but if you'd rather be together sooner - even if it means waiting (together) longer for a work permit, greencard etc. after that - then isn't the K-1 a better route by several months?

I'm not sure how much judgement I really want, but in my specific case, my evidence is just the usual sort of stuff you'd have from spending a month together back in January and another month now, with texts, calls, and the occasional money transfer, in between. There are tons of vacation pics, I met the folks and the kids, we toured around up north and down south so there are plane tickets from that. I'm heading back to Thailand very soon to spend a few more weeks together. Aside from the legal paperwork and a real marriage ceremony while I'm there I'm not sure what else we could do to prove that our intentions are genuine. Other background info: I'm 53. I was married (to an American) for 20 years and then, more recently, a Thai woman for 1 year. No criminal issues, complaints, or anything like that. My current fiancé is 45, was married for a long time as well but is a widower. She has kids (10-19-25 who would not be coming to the US). She recently applied for a tourist visa but was turned down after the interview - which seems odd as she does have strong ties to Thailand and has travelled to Europe (and back) before. I don't know if that denied tourist visa is a problem, or my recent marriage (the K-1 for that was filed more than two years ago, the marriage ended last October, the I-485 and affidavit of support were withdrawn before adjustment of status), or the relatively short time we've been together. I do know, for certain, that I want to spend what's left of my life with her and that by 13 months from now we could have whatever proof of a (albeit long-distance) relationship anyone could possibly want.

Hey everyone, I appreciate the responses and information. I'm also glad to see that the advice is, for the most part, consistent. My next thing to worry about is that it seems like you should get married, then wait a while (for additional trips, etc.) before filing a CR-1? That sounds really painful given how long after filing things take to get rolling. Waiting another 6-9 months after getting married before you start a 13+ month wait on the application processing would be unbearable! Is it ok to file right after getting married knowing that it will be a year or so before the application is even looked at and knowing, by then, you'll have logged plenty of additional bona fide time together? This is assuming you've known each other for a several months, and visited a couple/few times before getting hitched (like if you were just at the start of what would otherwise be the K-1 stage of a relationship). I guess I'm just paranoid that going the CR-1 route, though it sounds better, might be a trap if your relationship isn't more than a year old and is not comingled yet (even though it probably would be 13 months after filing) . I'd rather do a K-1 with a 90% chance of success than a CR-1 with a 50% chance of success. I'm trying to figure out (ballpark) what those percentages might actually be like in real life. 90 vs 50 is no good but 90 vs 85 would be acceptable. I don't want to make the wrong call and be back at square one a year and half from now.

I should have mentioned this bit (in bold in the I-130 instructions): You must submit clear and convincing evidence that you and your spouse entered into the marriage in good faith and not for immigration purposes. as this is what got me thinking about the difference in "soft" requirements. Is a couple switching from K-1 to CR-1 (and thus getting married a year or so earlier than anticipated) because it is now (maybe) faster and cheaper entering into the marriage for "immigration purposes"? Or does the USCIS see a bona-fide engagement with an earlier-than-originally-planned marriage still "good faith"?

I've read a lot of advice that, these days, one should pursue a CR-1 rather than a K-1. I think it's important to note that the CR-1 route seems to have stricter requirements up front than the K-1. Aside from the actual marriage ceremony, you need joint property, mutual bank accounts, or other stuff that is not strictly required for a K-1. In other words, the relationship really needs to be at the stage where your lives are intertwined and inseparable for a CR-1 while a K-1 feels like you could still be at the "very serious dating" stage - but not yet living together or sharing a bank account etc.. Of course, that intertwined stuff could still help, but after reading through the I-130 document it seems to be much more of a requirement for filing for the CR-1 than it does for K-1. I'm writing this both to check that my reading of the situation is correct, and to warn those thinking of moving from the K-1 to a CR-1 that you may need to do more than just get married in order to switch from one to the other. Here's the bit form I-130 instructions: NOTE: In addition to the required documentation listed above, you should submit one or more of the following types of documentation that may prove you have a bona fide marriage: (1) Documentation showing joint ownership of property; (2) A lease showing joint tenancy of a common residence, meaning you both live at the same address together; (3) Documentation showing that you and your spouse have combined your financial resources; (4) Birth certificates of children born to you and your spouse together; (5) Affidavits sworn to or affirmed by third parties...; or (6) Any other relevant documentation to establish that there is an ongoing marital union.

Ok, I've downloaded and looked over the I-130 form and instructions and see that there isn't anything about Multiple Filer Waivers and such in there. So, if I understand correctly, past K-1 visa application(s)* with other people are not a factor with a CR-1 until the interview (at which point they could, of course, be a very important factor). Please correct me if I'm wrong, or if there are other important related issues of which I seem unaware. But, otherwise, I think I've answered my question. *assuming they've been cancelled/withdrawn/divorced, properly etc. Thank you for bearing with me. These forums are an invaluable asset for both information and peace of mind.

Thank you for the information. We haven't submitted the K-1 I-129F yet so at least we don't have to withdraw that. If the CR-1 has no limit on previous (K1) petitions, and my last was submitted more than two years ago, then I assume a Multiple Filer Waiver isn't even required? That's a pretty big difference. I think I need to start again from scratch but this time looking at the CR-1 route rather than the K-1. I'll dig around and see what I can find. I'm also very curious about the time difference as far as arrival in the States go. I assume it's (generally) shorter than the 13 months currently being quoted for K-1 but I haven't (yet) found where that's given.

What impact, if any, does applying for K-1 versus a CR-1 have on a Multiple Filer Waiver request? Unfortunately, I'm starting this process again. I came in assuming the K-1 route would be the way to go as it was considered the best a few years back when I went through this before. But as I am diving back into these forums I'm seeing advice to get married and go with the CR-1 instead. The end goal is the same (living together, happily ever after, in the US) so we're open to either option. Since I have to apply for a waiver (it's my third petition in this lifetime) I'm curious as to what difference K-1 vs CR-1 could have on that. I guess I feel like the government should be likely to destroy the lives of a married couple than and engaged couple, but that's probably just the romantic in me. Any help is much appreciated.