Maybe I'm missing something here, because it is a daunting task to decipher the vast amount of info on this site...

But it appears to me that, in general, the CR-1/K-3 process takes close to a year. Whereas, in the not-so-recent past (i.e. pre-IMBRA), the K-1's were taking 4-6 months in general.

Please don't get me wrong. I'm glad for everyone who is re-uniting with their soulmates... and I pray that we all can ASAP.

Now I suspect someone is going to tell me there are more steps involved with CR-1/K-3 than K-1... but any way you slice it, it just seems that it should be faster and easier to bring in a spouse rather than a fiancee... not vice versa...

Are married people being penalized by this process?

Even tho i am the k-1 process i hav eto say i agree with you because it should be easier for people who are already married... but, it is because of the type of visa. the k-1 is a non- immigrant visa. the other is an immigrant visa. the whole thing is stupid if you ask me.

There are advantages/disadvantages with each. You had a choice. You were married in January. If speed was the most important to you, why did you choose to marry first? This topic comes up often and there was usually a choice. Are you thinking you made a mistake?

BTW, I have seen very few K1s completed in 3 - 4 months.

It is two different processes. K visas are nonimmigrant, whereas the IR-1/CR-1 are immigrant visas. Immigrant visas require much more steps before the interview, but once the immigrant visas are issued, you don't need to do any adjustment of status. On the other hand, one has to adjust the status even after the K visa is issued. I wish they can speed up the CR-1/IR-1 process, but I am not sure, how they can do it.

my CR-1 took 12 months with one RFE, however I have my conditional Green Card...we decided that was the best approach for us...didn't want to go through that AOS stuff

You could look on the bright side, if CR-1 were quicker everyone would be doing it, and it wouldn't be quick anymore.
Edited to say: Oops there is no bright side.

A K-1 comes in on a non-immigrant visa.. and has to adjust status from that visa... imagine.. there is still a possibility that they could change their mind and return home, or be removed...

Looking4Wife,

This issue is why the K3 visa was created only a few years ago. Married people were indeed being penalized by having no non-immigrant option.

Yodrak

I made a choice to be married to the woman of my dreams, certainly no mistake there.

However, that does not excuse the fact that the immigration process penalizes me for getting married.







Hilarious! Thanks for the laugh!

In addition to the implementation of the K-3 visa, I would say they have made great progress forward in enabling married couples to be reunited sooner as it wasnt too long ago that the CR-1 visa was at one point taking 2-3 years to obtain. There are many cases here on VJ where CR-1's have been obtained faster then the average time for K visas. As far as the CR-1 immigrant visa goes, why should it be easier to gain then a K-1 non-immigrant. You are asking to be granted immigrant status on entry rather then go through the rigorous process of adjusting status from a K-1 visa. You have to go through it some time, its just a matter of when and frankly, whilst it is more paperwork and longer time wise, it is still in general an easier process then adjusting status in the US. If married, it comes down to choice as to whether you wish to hold out for the CR-1 or go for the K-3. If you check the timelines and read earlier posts you will also find the many cases of CR-1's granted in 6-8 months eg

If getting married first would have been quicker, we would have married right away. That's what we wanted to do, but made our choices based on the realities of the situation.

Just a personal observation. If you look for instances of "unfair treatment," you'll find them and become indignant. If you look for "people being penalized," you'll find them and become outraged.

But if you remember that no one has a right to a visa, you'll stop comparing engaged couples with married couples and become calm. It's a moot point ... a non issue. The time it takes YOU is based on many factors (and surprises like IMBRA), and everyone here wishes you all the best.

It all comes down to personal choices. For us it was simple choosing the CR-1. With six children between us we could not afford for him not to be employed for an indefinete amount of time. On top of this not having AP for upwards of a year, he would not be able to travel back to see his children if something were to happen to them. Sure we would have loved to have been together faster, but the CR-1 was just a much better option for us. Financially it is still a difficult journey, but likely much easier than trying to live off of one income.

Don't really feel I am being penalized, because we chose this route. What does bother me is seeing someone going through the same visa, and there is no rhyme or reason to when one gets an interview. Have seen other London petitioners who's case left NVC, a week or two following ours with interview dates two weeks prior to ours. Not jealous or angry with these folks, but rather confused as to how things are handled within the system itself. No method to the madness. Most places fill in the next open appointment slot, where as I feel we were in some form of a lottery to get our appointment. Penalized for being married, nah, the whole system makes no sense sometimes and no one really has any advantages in this game.

The CR-1 visa is an immigrant visa. I'd rather go through the CR-1 process rather than the K-1 visa.

The whole idea of AOS irritates me.