K-1 or CR-1 in this case?

[konamix 0]

Hello,
I was wondering what might be the best option in our situation. I am a USC engaged to a Japanese citizen. We decided it would be best for us to live here in the US.

My taxes for last year were filed jointly with my ex-husband, and I have no income because I am currently a student and staying with my friends. I will have about $50k in cash soon (as part of the settlement agreement from my divorce), and my fiance has ~$10k. I know this is not enough to meet the guidelines for liquid assets, and with my current lack of income, I need a cosponsor who meets the requirements. Luckily, I have one.

Given that we will use a cosponsor, would the K-1 or CR-1 be the wisest choice? Does it really matter?

How do most people who are engaged decide between the K-1 or CR-1?

[Elrona 101]

We were also choosing between K-1 and C-1 (husband USC, I'm Estonian and we met in New Zealand). Finally decided to go with CR-1 for following reasons:

- in the end K-1 would be more expensive

- it seems that before K-1 had significant better timeline but now it takes almost as long as CR-1

- entering to US on K-1 visa would mean I can't travel and work for some period of time until paperwork is finalized

- because we currently do seasonal work in New Zealand, it would be a lot harder to try to make it work with K-1 timeline

 

We are currently in the middle of CR-1 (case is received by NVC, waiting for case number). It is quite hard to be apart but we are trying our best with me visiting him in US (using ESTA) as much as I can. The good thing is that we can still spend the season in New Zealand together, so it all could be worse.

[pushbrk 12,106]

The circumstances you describe are really irrelevant to your choice.  I would make it based on your own priorities.

[payxibka 10,044]

14 hours ago, konamix said:

How do most people who are engaged decide between the K-1 or CR-1?

Positives and negatives to both visas.  Learn the differences and then decide what you can live with or not

[konamix 0]

1 hour ago, payxibka said:

Positives and negatives to both visas.  Learn the differences and then decide what you can live with or not

That's what I'm here to figure out. I've read about both visas, and it appears the only differences are the timeframe with which the immigrating spouse can begin working, the fact that you're already married for the CR-1, and the income requirements. If there's something else I'm missing, specifics would be great in helping us make the best choice for us.

[payxibka 10,044]

Just now, konamix said:

That's what I'm here to figure out. I've read about both visas, and it appears the only differences are the timeframe with which the immigrating spouse can begin working, the fact that you're already married for the CR-1, and the income requirements. If there's something else I'm missing, specifics would be great in helping us make the best choice for us.

K-1 is faster.  Marriage in the USA.  Green Card in about a year after marriage and applying to adjust status.  Can't travel abroad or work until you receive advance parole or work authorization

 

CR-1 is slower, Marriage in foreign country.  Green card upon arrival.  Can work and travel abroad immediately

 

 

[Elrona 101]

1 hour ago, payxibka said:

CR-1 is slower, Marriage in foreign country.  Green card upon arrival.  Can work and travel abroad immediately

 

 

Just to clarify, you can still get married in USA. You just cannot get married and then stay in US to adjust your status. I entered USA on ESTA, got married there and we filed for CR-1 after leaving USA. Of course, on border if it comes up then the border officials might get suspicious and think you will plan to stay but in itself its legal to marry in USA.

[Nitas_man 3,100]

5 hours ago, konamix said:

That's what I'm here to figure out. I've read about both visas, and it appears the only differences are the timeframe with which the immigrating spouse can begin working, the fact that you're already married for the CR-1, and the income requirements. If there's something else I'm missing, specifics would be great in helping us make the best choice for us.

It really comes down to whats best for the two of you.  We married and filed for no other reason than my mother in law wanted the wedding and party to be there.  For a lot of couples it comes down to when the beneficiary can or wants to start working.  Many choose K1 because it's a little faster or because they want to get married in the US.  Whatever you guys do good luck!

[pushbrk 12,106]

6 hours ago, payxibka said:

K-1 is faster.  Marriage in the USA.  Green Card in about a year after marriage and applying to adjust status.  Can't travel abroad or work until you receive advance parole or work authorization

 

CR-1 is slower, Marriage in foreign country.  Green card upon arrival.  Can work and travel abroad immediately

 

 

Sort of, but for a Japanese Citizen, the marriage could still be in the US while visiting.

 

The priorities to weigh are 1. need to work sooner 2. freedom to travel 3. being together in the US soonest.  All those and maybe more need to be considered in light of the couple's specific priorities and needs.

[konamix 0]

4 hours ago, Elrona said:

Just to clarify, you can still get married in USA. You just cannot get married and then stay in US to adjust your status. I entered USA on ESTA, got married there and we filed for CR-1 after leaving USA. Of course, on border if it comes up then the border officials might get suspicious and think you will plan to stay but in itself its legal to marry in USA.

Did you encounter any issues with visiting after applying for the CR-1?

With me being in school, it's a lot easier for him to come visit me since he's able to get the time off work.

[konamix 0]

6 minutes ago, pushbrk said:

Sort of, but for a Japanese Citizen, the marriage could still be in the US while visiting.

 

The priorities to weigh are 1. need to work sooner 2. freedom to travel 3. being together in the US soonest.  All those and maybe more need to be considered in light of the couple's specific priorities and needs.

I'm guessing the CR-1 may be our best bet since he'd be able to work sooner. I don't imagine he'd have too much trouble at the border during visits provided he shows he's still employed in Japan and keeps his money there.

Edited April 16, 2018 by konamix

[dentsflogged 352]

6 hours ago, konamix said:

That's what I'm here to figure out. I've read about both visas, and it appears the only differences are the timeframe with which the immigrating spouse can begin working, the fact that you're already married for the CR-1, and the income requirements. If there's something else I'm missing, specifics would be great in helping us make the best choice for us.

There is also the overall cost - CR-1 is much cheaper than K-1. 

 

Plus if you're not physically together, then you may also need to take into account when you can both be in the same place at the same time in order to get married to fulfill the CR-1 marriage requirement.

 

And the type of wedding you want.  K-1 really does not allow a lot of leeway for planning a big or complex wedding, unless you choose to enter several months after approval and marry towards the end of the 90 days.  CR-1 does give you the flexibility to marry when/where/how you want to.

 

For us it was a combination of all the above. 

Money is generally not a concern for either of us (neither have any debt, both have good jobs and significant savings/investments) which I know puts us in the "very very very lucky" pile. So for us the extra cost of K-1 and the not being able to work right away is not going to be more than a drop in the ocean long term.

 

Time and distance is.  It takes close to 30 hours door to door for me to go see him. 
It's a 50 minute drive to the airport for me, then +/- 2 hours for security and waiting for the flight.  15 hour flight.  About a ~4 hour layover (because as sure as I don't have that long, there'll be a significant delay either with the flight or with Immigration).  Then another 4 hours in the air.  A ~2 hour layover in my 3rd airport (at least this one has a shower I can pay to use after so long!) with another hour in the air, and then a 90 minute drive home.  It's about the same in the other direction, but I'm losing an extra day crossing the date-line.  

 

We are both restricted as to when we can take leave. After we decided to get married, we worked out that the next time we could both be in the same time/place wasn't until August. So there was a full 7 months extra on top of the CR-1 processing time, as opposed to filing the K-1 right away.

 

Absolutely pros and cons to each. We decided what's important to us is being together, and so what if I can't work or drive for a few months?  It'll be winter anyhow, and I don't want to learn to drive in the US on iced/snowy roads so I wouldn't have attempted it (without him in the car anyhow!) until spring anyway.

 

[pushbrk 12,106]

Just a note that you can use your Australia Driver License up to 90 days without a problem, and probably longer.  Since you do not have resident status, you should not be considered a "resident" until you do.

[Ryan H 3,790]

Moved from IR-1/CR-1 Process &  Procedures to What Visa Do I Need - Family Bases Immigration forum; OP is comparing paths. 

[Elrona 101]

4 hours ago, konamix said:

Did you encounter any issues with visiting after applying for the CR-1?

With me being in school, it's a lot easier for him to come visit me since he's able to get the time off work.

Haven't had issues. In total I have entered US 4 times in last year and a half. First and second were before getting married and during the first trip I was questioned the most. Third time I entered in October 2017, fourth time end of March 2018. I was worried about the fourth entry as I hadn't stayed away from US for too long but it wen't without a problem.

 

Just make sure he would have proofs with him printed out. There's no need to shove them on the officer's desk first thing but when he's being asked, he can show it. What paperwork I have had with me:

• Printed out ESTA approval (when I travelled to New Zealand from US, I also had the copy of the visa approval for New Zealand)
• Return flight tickets
• Proof of my trips in Europe that were planned after I return from US (flight tickets and bus tickets)
• Latest phone bill in Estonia
• I don't have a rent lease but I do own a house so I had the property proof printed off
• Letter from NZ Immigration that for my visa I need to send my passport to London (meaning I need to be in Estonia, I can just stay in US and send my passport traveling around the world)
• Proof of employment from your boss (saying that you work there and that leave has been approved for certain period of time)
• NOA1 and NOA2 (so that I could show that I plan to do everything in legal way)
• Travel insurance that covers period of my trip (just in case, always have it! Friend had to spend 3h in ER. Bill was over $3000. Luckily his travel insurance covered everything)

I think thats about it. Some people tell me that I'm overthinking but I feel better when I have that paperwork with me.