Questions K1/CR1

[Rhythmlicious 75]

Hi everyone!

 

So a few weeks ago I posted here to see if I have other visa options than K1 or CR1. We would've preferred something else, because we rather have more time for an actual proposal and a wedding. After all the helpful comments I received and doing some more reading online, we decided that K1 or CR1 really are our best options.

 

Now we're trying to find out which one would be the best choice or us. Im still overwhelmed with all the information there is out there, and I really want to make the right decisions. Because of that, I really hope I can get help with some of the things I've been struggling with.

Some background information: I'm Dutch, my partner is a USA citizen. We've been together for 2 years. At this moment, we're not engaged and not married. He visited me multiple times, I've visited him 3 times (twice in 2016, once in 2018). He got a partner visa (for the Netherlands) for a maximum of 5 years. We lived together in NL (for over 6 months) but he could'nt settle down so he moved back to the USA. 

 

The things I've been struggling with:

1-  I've read that after applying for K1 or CR1 it's still possible to visit my partner in America. I would have to show ties to my country. Is this correct? Or is one of the 2 a better option if I want to keep visiting my partner? Right now I travel on an ESTA and I don't plan to visit for much longer than 3-4 weeks.

 

2- Is it correct that if we're engaged, we'd apply for a K1 and I have to stay in the USA to wait for AOS after getting married? Or am I allowed to go back to NL? Since I have a house and 2 cats I'd prefer to get married and go back to my own country to keep working and pay for my mortgage while we're going through the visa procedure. And hopefully still be able to visit my partner. Because of this I think CR1 would be better, or am I wrong?

 

3- We actually would prefer to get married 'on paper', just so we can start the visa process (after deciding on which one). Without having a proposal, without having a big wedding. Basically "just for the paper", so we can take our time (to save more money for example) for a proposal and an actual wedding the way we would like it later on. Is this even possible? Or do we really need proof of a real proposal and a real wedding (as in the ceremony, guests, the party etcetera, not just going to a courthouse to sign papers)? 

 

4- Also, instead of going to a courthouse we we're joking about getting married in Vegas. Even though it started as a joke, we started liking the idea. If possible, we would prefer this the same as the situation above; only the quick wedding in Vegas, having the proposal and big wedding later (like a renewal of vows I guess, but for us as the 'real' wedding).
Would this be accepted? And if so, what are we supposed to do? My preference would be CR1, but for as far as I know I can't travel to the US on an ESTA with the intent of getting married. Obviously, after getting married I would still go back home and my partner would file for the CR1, but I'm not sure if that is allowed? 

 

All tips and help are welcome, so if there's anything else I need to know, please let me know! 

Thanks in advance

[Marieke H 2,314]

Based on your preferences, the CR1 would be the best option. Get married (in NL or the US), start the process, stay in NL during the process. You can visit him during the process, but bring some evidence with you that shows that you're planning to return home, like a letter from your employer. 

It's fine to travel to the US to get married, as long as you return home. 

I'm from the Netherlands too, and I moved to the US with a K1 last year. Looking back, I should have done the CR1 instead. It only takes a bit longer, but you receive a Green Card on arrival and can start working right away. I had to wait for my EAD for 6 months, and 6 months without work and driver's license is very difficult, especially when you've just left a whole life behind and are trying to build a new life here with your love.

[Roel 7,191]

If you use k1 visa you cannot go back to your country until you file for AOS and receive your work and travel permit. That might take 4 months. How about just take your cats with you and sell the house... If you intent on living in the USA you need to close your affairs in your country anyway. 

 

With cr1 you can marry anywhere you want. Marry in your country and then file. You don't need to use your esta to go marry specifically in the USA. 

 

Still if you intent to start working and traveling as soon as you arrive to the US then cr1 is your best option. It will take about 12 to 14 months to process so it gives you anyway time to prepare. Just courthouse wedding is fine... 

[Rhythmlicious 75]

Thanks!

 

So just wondering. I just came back from LA. I've been there for 3 weeks to visit my partner. I might go again around June/July. For no longer than 3 weeks. 

In case my partner decides he want to get married on that trip, can I just go on my esta since I plan on going home anyway? And then have my partner file for the CR1? 

 

And what should I say when they ask me what my reason for visiting is? 

My first visit in 2016 was super easy. I visited again about 5 months later and got a bunch of questions about why I visited again and how me and my partner met, what jobs we have, who paid for my ticket etcetera. That made me pretty nervous.

[Marieke H 2,314]

Just be honest. Your reason for visiting is to see your partner. Make sure that you can show evidence that you will return home, like a job to return to, a house that you own, etc.

I was questioned a lot when I entered the US for the 3rd time in a year. It is intimidating, and they intentionally make you nervous and uncomfortable. Be truthful and friendly, and I believe you'll be okay, especially coming from a low fraud country.

Edited April 3, 2018 by MariekeH
Typo

[Fr8dog 312]

Just my 2 cents,

Get married either in the US or in the Netherlands. And apply for the CR-1 after that. If you get married in the US and return to the Netherlands to start the CR-1 process, you are doing what the rules were intended for. Same as when you decide to get married in the Netherlands ans your partner returns to the US without you.

It gives you time to sell the house and move the cat and all that good stuff.

If you marry in the US and return to start the process, you can show your intent is to play by the rules as you did not go the "oops we're married and I like to adjust now" route.

[Little_Vixen 1,869]

Agree with everyone above, just wanted to welcome another Dutchie to the forums 

[Crazy Cat 39,261]

On 4/2/2018 at 6:24 PM, Rhythmlicious said:

Hi everyone!

 

So a few weeks ago I posted here to see if I have other visa options than K1 or CR1. We would've preferred something else, because we rather have more time for an actual proposal and a wedding. After all the helpful comments I received and doing some more reading online, we decided that K1 or CR1 really are our best options.

 

Now we're trying to find out which one would be the best choice or us. Im still overwhelmed with all the information there is out there, and I really want to make the right decisions. Because of that, I really hope I can get help with some of the things I've been struggling with.

Some background information: I'm Dutch, my partner is a USA citizen. We've been together for 2 years. At this moment, we're not engaged and not married. He visited me multiple times, I've visited him 3 times (twice in 2016, once in 2018). He got a partner visa (for the Netherlands) for a maximum of 5 years. We lived together in NL (for over 6 months) but he could'nt settle down so he moved back to the USA. 

 

The things I've been struggling with:

1-  I've read that after applying for K1 or CR1 it's still possible to visit my partner in America. I would have to show ties to my country. Is this correct? Or is one of the 2 a better option if I want to keep visiting my partner? Right now I travel on an ESTA and I don't plan to visit for much longer than 3-4 weeks.

 

2- Is it correct that if we're engaged, we'd apply for a K1 and I have to stay in the USA to wait for AOS after getting married? Or am I allowed to go back to NL? Since I have a house and 2 cats I'd prefer to get married and go back to my own country to keep working and pay for my mortgage while we're going through the visa procedure. And hopefully still be able to visit my partner. Because of this I think CR1 would be better, or am I wrong?

 

3- We actually would prefer to get married 'on paper', just so we can start the visa process (after deciding on which one). Without having a proposal, without having a big wedding. Basically "just for the paper", so we can take our time (to save more money for example) for a proposal and an actual wedding the way we would like it later on. Is this even possible? Or do we really need proof of a real proposal and a real wedding (as in the ceremony, guests, the party etcetera, not just going to a courthouse to sign papers)? 

 

4- Also, instead of going to a courthouse we we're joking about getting married in Vegas. Even though it started as a joke, we started liking the idea. If possible, we would prefer this the same as the situation above; only the quick wedding in Vegas, having the proposal and big wedding later (like a renewal of vows I guess, but for us as the 'real' wedding).
Would this be accepted? And if so, what are we supposed to do? My preference would be CR1, but for as far as I know I can't travel to the US on an ESTA with the intent of getting married. Obviously, after getting married I would still go back home and my partner would file for the CR1, but I'm not sure if that is allowed? 

 

All tips and help are welcome, so if there's anything else I need to know, please let me know! 

Thanks in advance

1.  If entering the US under ESTA or a visitor visa, you always must convince the CBP officer that you intend to return to your country if asked. 

2.  If you enter the US via a K-1, you must marry and file for AOS within 90 days.  You would also file for EAD and Advance Parole with AOS.  It is true that you can not leave the US until you receive approved AP.....usually about 4 months after filing.  Leaving the US prior to receiving approved AP will be considered abandoning your AOS.

3.  For a CR-1, a big wedding is not required.  A "paper" wedding is sufficient.

4.  You can certainly enter the US, marry in Las Vegas, and then return to your country until the CR-1 process is finished.  You can not enter the US with the intent to marry and stay (AOS). 

[Crazy Cat 39,261]

one more thing.  This is my analysis of K-1 vs CR1:

K-1

1.     More expensive than CR-1
2.     Requires Adjustment of Status after marriage (expensive and requires a lot of paperwork)
3.     Spouse can not leave the US until he/she receives approved Advance Parole (approx 3-4 months)
4.     Spouse can not work until he/she receives EAD (approx 3-4 months)
5.     some people have had problems with driver licenses, Social Security cards, leases, bank account during this period .
6.     Spouse will not receive Green Card for many months after Adjustment of Status is filed.

CR-1

1.     Less expensive than K-1
2.     No AOS required.
3.     Spouse can immediately travel outside the US
4.     Spouse can start work if desired
5.     Spouse usually receives Social Security Card and Green Card withing 2 or 3 weeks after entering the US
6.     Spouse  has legal permanent Resident status IMMEDIATELY upon entry to US.

 

All-in-all, the CR-1 is superior to the K-1 imo.