Which route to go: CR-1 Spouse or K-1 Fiance Visa?

[Eric Watts 0]

I am the US citizen and I was thinking it was easier, faster, and cheaper to go the CR-1 route after speaking with many other, including lawyers.

I want to be sure that it will be smooth sailing when we marry here and decide to go to the US to finish out the US citizenship process for her.

We have been together for 6 years and been going through other legal stuff here in MX but finally ready to start life in the states.
We also have a 5 year old kid that has both MX & US passports so that should help for the process as well.

Can you all please give me some valuable input on my situation, it's greatly appreciated..

[Eric Watts 0]

Also, when is the soonest she can enter the US to start living there?
I am ready to submit the I-130 as soon as needed...

(she already has her tourist visa to enter the US)

[JohnR! 5,495]

The K-1 route is faster - normally 6-8 months - whereas the CR/IR route is cheaper, but longer - about 9-13 months from time of initial application. The difference is that if you are already married, the CR/IR is the only route for you. If you are not married you can go the K-1 route, or get married and then pursue the CR/IR process.

On bosh cases, if your spouse/fiance has a B2 visa, she can come visit you while the process is going through with the USCIS.

Also, check the information on this link: http://www.visajourney.com/content/guides so you know what forms to send where, and for which case.

Good luck!

[aaron2020 11,651]

Also, when is the soonest she can enter the US to start living there?

I am ready to submit the I-130 as soon as needed...

(she already has her tourist visa to enter the US)

Hi,

The I-130 is for a spousal visa. The I-129f is for a fiancee visa.

If you are preparing to file the I-130, are you married already?

-------------------------

Here are US laws. I am not advocating you do anything illegal. There are choices and there are consequences in the law. And often, laws conflict and overlap which creates ambiguity and lawyers who like to file lawsuits. You can choose how to navigate the system on your own.

It is illegal to enter the US with a non-immigrant tourist visa with the preconceived intent to immigrate by adjusting status.

However, preconceived intent alone is not a valid reason to deny an otherwise approvable AOS for an Immediate Relative of a USC as long as the person didn't lie when entering the US.

For example; If your girlfriend enters the US on her tourist visa, marries you, and file to adjust status, her preconceived intent to immigrate when entering is not a valid reason to deny the AOS as long as she did not lie at the POE.

Many people have entered the US on tourist visas, married, and successfully adjusted and gotten their green cards.

[Eric Watts 0]

Sorry...not married yet. We would be filing i-129 or i-130 correct.

We just heard that CR-1 is a bit cheaper and that it shouldnt take long for them to approve her request so that she can move to the states while status is being adjusted...

[JohnR! 5,495]

Sorry...not married yet. We would be filing i-129 or i-130 correct.

We just heard that CR-1 is a bit cheaper and that it shouldnt take long for them to approve her request so that she can move to the states while status is being adjusted...

Despite what anecdotal tales will tell you, I would recommend you to follow the legal process so your wife can enter the US without any reservations and without committing fraud, knowingly or otherwise.

She can't move to the states while to adjust status for that is considered immigration fraud. With the CR/IR process, she will already be resident of the US upon her arrival with her I-551 visa stamped on her passport.

However, while she waits for her Cr/IR to be processed the can enter the US on her B2 visa and stay for as long as the CBP office allows her, as a tourist. All she need do is return home before her I-94 expires. In that sense she won't be able to move to the states, but once she has her I-551 on hand she can enter the country as a resident without having to worry about anything. That is the main benefit of taking the legal prescribed route.

Good luck whatever course of action you choose!

Edited June 11, 2014 by Gegel

[Eric Watts 0]

Despite what anecdotal tales will tell you, I would recommend you to follow the legal process so your wife can enter the US without any reservations and without committing fraud, knowingly or otherwise.

She can't move to the states while to adjust status for that is considered immigration fraud. With the CR/IR process, she will already be resident of the US upon her arrival with her I-551 visa stamped on her passport.

However, while she waits for her Cr/IR to be processed the can enter the US on her B2 visa and stay for as long as the CBP office allows her, as a tourist. All she need do is return home before her I-94 expires. In that sense she won't be able to move to the states, but once she has her I-551 on hand she can enter the country as a resident without having to worry about anything. That is the main benefit of taking the legal prescribed route.

Good luck whatever course of action you choose!

Never did I say that we intended on bypassing laws and trying to cheat the system.

We are obviously doing this the RIGHT way... choosing Cr-1 or k-1 route. I know that she CAN visit while she is being approved/denied and if she is approved, she CAN go to the US by then....dont know where you got all this "fraud" information from.

Thinking of marrying in MX and adjusting status from there the legal route... CR1.

[JohnR! 5,495]

Never did I say that we intended on bypassing laws and trying to cheat the system.

We are obviously doing this the RIGHT way... choosing Cr-1 or k-1 route. I know that she CAN visit while she is being approved/denied and if she is approved, she CAN go to the US by then....dont know where you got all this "fraud" information from.

Thinking of marrying in MX and adjusting status from there the legal route... CR1.

I didn't understand you were planning to do anything shady either, so we are on the same note. I am glad you got some clarification to your questions! Congrats and good luck!!

[NikLR 13,220]

***Moved to what visa do I need from ir1/cr1 process and procedures as OP is contemplating different visa paths***

Edited June 11, 2014 by NLR

[RobbieG 94]

We got married in Mexico. I am the USC and my husband is the beneficiary.

We filed I-130 in February 2014. Our Petition is at the Nebraska Service Center. We hope for approval in August to begin the NVC stage of the process. I expect that to take another 4 months.

The Guides here on VJ are excellent. I encourage you to ask tons of questions, read the guides and forums.

[Darnell 8,478]

not married? file the I-129F - chasing after a K-1 visa later.

married? file the I-130 - chasing after a CR-1 visa later.

now - if you are married in Mexico and the USCitizen has legal presence there for 6 months or more - can file the I-130 via Direct Consular Filing into US Embassy/Mexico/USCIS office. That's about 4 to 6 weeks turn-around for approval. Then there is more stuff to do at Cuidad de juarez / US Consulate / IV Unit for the CR-1 visa application processing - but that is straightforward.

if the USCitizen not have legal presence greater than a tourist visa in Mexico - then the DCF path is not available to you so must file the I-130 to the Chicago Lockbox address.

Go Get Em - and Good Luck !

[hunnybunny88 0]

If she is in the US with a tourist visa get married right now!!!!!!! way faster and you are not going to be apart for months. I wish we would have done that in the first place.

We filed in january and we are still waiting for NOA2. There is a lot of people that filed in November and December and they are still waiting.

[Zedayn 485]

I am the US citizen and I was thinking it was easier, faster, and cheaper to go the CR-1 route after speaking with many other, including lawyers.

I want to be sure that it will be smooth sailing when we marry here and decide to go to the US to finish out the US citizenship process for her.

We have been together for 6 years and been going through other legal stuff here in MX but finally ready to start life in the states.

We also have a 5 year old kid that has both MX & US passports so that should help for the process as well.

Can you all please give me some valuable input on my situation, it's greatly appreciated..

This comparison chart should help to highlight the differences between the visa types: http://www.visajourney.com/content/compare