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VisaJourney.com > Family & Marriage Based Immigration (K1, K3, IR1, etc) to the USA > Waivers (I-601 and I-212) and Administrative Processes (221g)

hakumba
Hello,

Can anyone tell me which is better option. K-1 or CR1 and why? I have lawyers tell all different options, so i am not really sure, and would love any input. I was deported too, so with those there is an I-212 too but that i know, and now i need to pick between K-1 and CR1 that will come with the I-212 waivers.
thanks
canadian_wife
You can apply now for the K-1. You'll have to wait, obviously, to apply for the CR-1 until you are married so there is a benefit to that. K-1 is more expensive than the CR-1 however.

Note that whatever visa you apply for it will be denied at the interview due to your ban.

Good luck.
*Len*
People responded to you yesterday. You do not qualify for a CR-1 since you are not married. K-1 you do qualify for. In either case, your visa will be denied due to deportation, etc.... it's all in your previous thread.
hakumba
QUOTE (*Len* @ Oct 15 2009, 12:33 AM) *
People responded to you yesterday. You do not qualify for a CR-1 since you are not married. K-1 you do qualify for. In either case, your visa will be denied due to deportation, etc.... it's all in your previous thread.


Sorry if i didnt explain, my fiancee is with me right now, and we are trying to figure if we should marry now (civil wedding) or she returns to US as a fiancee. the problem i have is that one lawyer says it is better to do K-1 and another CR-1.
Apparently with the K-1 all happens in the embassy or the CIS overlooking that embassy, and with CR-1 it is with USCIS in the states, and there is a chance of the whole thing taking way longer, mainly because of the jurisdiction matters. did you hear of any such thing?
thanks, i hope to make some sense smile.gif
riz
QUOTE (hakumba @ Oct 15 2009, 01:26 PM) *
QUOTE (*Len* @ Oct 15 2009, 12:33 AM) *
People responded to you yesterday. You do not qualify for a CR-1 since you are not married. K-1 you do qualify for. In either case, your visa will be denied due to deportation, etc.... it's all in your previous thread.


Sorry if i didnt explain, my fiancee is with me right now, and we are trying to figure if we should marry now (civil wedding) or she returns to US as a fiancee. the problem i have is that one lawyer says it is better to do K-1 and another CR-1.
Apparently with the K-1 all happens in the embassy or the CIS overlooking that embassy, and with CR-1 it is with USCIS in the states, and there is a chance of the whole thing taking way longer, mainly because of the jurisdiction matters. did you hear of any such thing?
thanks, i hope to make some sense smile.gif


These days CR-1 taking shorter time, but you are missing one big point which is in either case, during interview processes you will be denied for any visa because you have been deported. You might need to wait 10 years (or may be 5 years) to be eligible for any USA visa.
*Len*
QUOTE (riz @ Oct 15 2009, 12:37 AM) *
These days CR-1 taking shorter time, but you are missing one big point which is in either case, during interview processes you will be denied for any visa because you have been deported. You might need to wait 10 years (or may be 5 years) to be eligible for any USA visa.


Indeed, either visa will be denied and a ban put into effect. Now, the consulate might grant eligibility for a waiver; and then they should file that (after interview and denial), proving extreme hardship. The process will be long, tedious, and unfriendly.
spookyturtle
QUOTE (*Len* @ Oct 15 2009, 11:50 AM) *
The process will be long, tedious, and unfriendly.


Now that's an understatement! Persoally, since you are together now, I would look into getting married now and coming to the US on the CR-1. Being married certainly can't hurt your chances of waiver approval. Again, check out the other site I linked to in your other thread and be prepred to spend many hours reading and learning. Also, check out the lawyers that were suggested. The waiver process is a very trying experience. You are fortunate to be together now. You need to read and learn and begin preparing a good hardship package.
missing_my_baby
QUOTE (hakumba @ Oct 14 2009, 05:48 PM) *
Hello,

Can anyone tell me which is better option. K-1 or CR1 and why? I have lawyers tell all different options, so i am not really sure, and would love any input. I was deported too, so with those there is an I-212 too but that i know, and now i need to pick between K-1 and CR1 that will come with the I-212 waivers.
thanks


I was actually told by an immigration attorney that there were two types of deportation. There's the removal depot. where they are actually removing you from the US in which case they give you a barline that you have to meet. Then there's the voluntary departure or removal, and there's no barline there. I assume that's true, and hope it helps it also gives you something to ask an attorney if you decide to hire one. Also, it depends if when you were deported if they gave you a bar line.
Best Wishes!!
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