CR1 / K1 Processing differences

[Brassballs 47]

Just a general topic for discussion and don't know if any members have the background to answer.

Basically can anyone explain why there are so many actual processing differences through the US Gvt agencies?

It seems on average the processing for a spouse visa can take twice as long as for a fiancé visa.

When checking info and topics at VJ (specifically in the Philippines forum) I have to check closely whether the topic concerns CR1 or K1 because the process is so different.

For example:

K1 AOS = Adjustment of Status; CR1 = Affidavit of Support

CR1: NVC sets interview date; K1: beneficiary sets date

K1: apparently never deals with the NVC; CR1: additional processing after leaving USCIS

K1: pays visa fees at embassy; CR1: pays visa fees to NVC

There are probably many others and some of what I mentioned above may not be entirely correct.

It just seems to me that bringing a SPOUSE to the US would be more legitimate and should be easier / quicker that bringing a fiancé which I would think would pose more liabilities for all involved.

Just trying to get a better feel for the government rational (if there is any)!

[Gorkhali 213]

even i don't understand the entire procedure. Why fiance visa is faster than spouse visa?

There is nothing logical i can understand in this entire process.. Why some people get approved in 1 month and why other have to wait long duration? why one service center is faster and why the other is slow?

The entire process is on "Ram Bharose (hindi saying of God's wish)".

We have been waiting patiently for our NOA2. Earlier before we started the process we thought i will be home for festive season.. and now we just pray that i will be able to be home by next festive season. lol

Its agony to be staying so far away from your spouse and when you know that she is always sick during winters. I so badly wished i will be with her during winters to take care of her and keep her healthy.

i cant understand the process. All we are doing is praying to lord and hoping everything gets on going soon.

Our best wishes to you.

[Hotter Otter 1,211]

Like many others I wondered about the difference when I was waiting too. At that time K1's were being approved in less than 3 months and us CR1 filers were waiting over 6 (with the NVC wait after that). It doesn't make sense, especially when USCIS makes claims about reuniting families and you'd think that a married couple would require a lot less scrutiny than a couple who were going to possibly get married in the future. The plus side to a CR1 is that we don't have to do all the AOS stuff after arriving in the US though!

Good luck with your process.

[HK12 273]

It is not always faster to apply for a K1 visa. At the time that I applied, the spousal visa was being processed at the same speed (or should I say, slowness) as K1 visas. Priorities shift at USCIS, and I predict that K1's will get processed slower again sometime in the probably not too far future.

Edited December 22, 2014 by HK12

[j&ana 363]

The government probably thinks there is more fraud with the spousal visa then fiancé visa. I think it can happen regardless of what type of visa. I agree that the spousal visa should be process faster then the fiancé visa or at least have a higher priority. one of the things I wonder about why is there 2 or three lock-boxes, 5 service centers but only one NVC

location

Edited December 22, 2014 by j&ana

[Ryan H 3,790]

Moved from IR-1/CR-1 Process & Procedures to General Immigration-Related Discussion.

[Brassballs 47]

Like many others I wondered about the difference when I was waiting too. At that time K1's were being approved in less than 3 months and us CR1 filers were waiting over 6 (with the NVC wait after that). It doesn't make sense, especially when USCIS makes claims about reuniting families and you'd think that a married couple would require a lot less scrutiny than a couple who were going to possibly get married in the future. The plus side to a CR1 is that we don't have to do all the AOS stuff after arriving in the US though!

Good luck with your process.

I think that only applies for illegal Hispanics! Not PC response I know.

[Brassballs 47]

The government probably thinks there is more fraud with the spousal visa then fiancé visa. I think it can happen regardless of what type of visa. I agree that the spousal visa should be process faster then the fiancé visa or at least have a higher priority. one of the things I wonder about why is there 2 or three lock-boxes, 5 service centers but only one NVC

location

Not being argumentative, but curious as to why you think that? I on the other hand would think it would be the other way around!

When already married it's more difficult to separate, legally.

With a fiancé, you could just walk away unencumbered for the most part and let the not to be SO fend for herself/himself.

[NikLR 13,220]

The difference is, a spouse has a green card upon arrival (provided they went the IR1/CR1 route) while a fiancé must marry and then adjust their status. It can take up to a year or more after that to get the green card, during which the petitioner can back out and leave the beneficiary hanging, for better or worse.

People who do their homework and really want to scam a petitioner to get a green card will push for marriage first. Imho. That's why there is a higher instance of fraud with spousal visas.

[j&ana 363]

NLR is right it is easier to get a green card if you are already married. The government most likely look at it that way too. I think that if a person is married to another person from another country and their foreign spouse starts talking about marriage right away they probably should take a good look at the relationship to make sure there is no fraud involved

[j&ana 363]

Not being argumentative, but curious as to why you think that? I on the other hand would think it would be the other way around!

When already married it's more difficult to separate, legally.

With a fiancé, you could just walk away unencumbered for the most part and let the not to be SO fend for herself/himself.

I will have to disagree. It is not that hard for couple to get divorce unless there is a lot of other stuff involve like custody battle and money accounts. However a simple divorce is fairly easy to obtain

actually a person can walk away from someone just as easy being married as they can with a fiancé. I will not, but I am sure people have done that

[NikLR 13,220]

Divorce is generally messier than just breaking up.

[j&ana 363]

Divorce is generally messier than just breaking up.

I will agree that for the most part a divorce is generally messier.However a simple divorce is not that hard to obtain, in that situation a person could sign a couple of forms and walk away just as easy as they could with a fiancé.

Edited December 22, 2014 by j&ana

[NikLR 13,220]

You're still divorced. And if the person is in the USA, you're now on the hook for the I-864 until they either work 40 work quarters, become a USC, leave the USA, or die.

[Brassballs 47]

The difference is, a spouse has a green card upon arrival (provided they went the IR1/CR1 route) while a fiancé must marry and then adjust their status. It can take up to a year or more after that to get the green card, during which the petitioner can back out and leave the beneficiary hanging, for better or worse.

People who do their homework and really want to scam a petitioner to get a green card will push for marriage first. Imho. That's why there is a higher instance of fraud with spousal visas.

Well I guess the auto green card puts a different slant on the approval process.

So if I now understand more correctly, it typically takes longer for a CR1 to get processed to enter US but comes with an auto GC.

K1 typically takes shorter period of time for approval to enter but with the 90 day marriage requirement and then substantially longer wait time for GC to be issued. And I presume that longer wait time for Adjustment of Status is due to substantially more K1 being issued than CR1.

And a follow on question then since I never explored it myself, what department does the AOS: USCIS or NVC?