K-1 Path vs. CR-1

[figuringthisout 0]

Ok so I've looked into the K-1 visa relatively thoroughly. My fiance is Canadian, I'm a US Citizen... she's been to visit me twice now, I've been to visit her once (twice very soon)... We've known each other for nearly a year and a half and would like to get married and settle down in the US.

For those of you who don't like to read details find the ####'s at the bottom

For the K-1

• Initially I need to file a I-129F (455 dollars)
  
• yadda yadda happens and she gets her interview... (131 dollars)
  
• she needs to get a medical exam (~100'ish dollars)
  
• (any other fees?)
  

Now on to the visa being used to cross the border... once here, we have 90 days to marry. (I-94?)

• Soooo, we marry...
  
• After marriage, but before the I-94? (90 days) is up we file for an AOS... (!! 1010 dollars)
  
• and wait for green card / ability to work for (XXX long?)
  

All said and done I've seen it quoted to be around 22-2300 dollars for the K-1... not horrible, and a decent amount of work/effort/time/fright (lol). I think I've bulleted most of the main steps... feel free to add/correct any problems.

But still if there's a better way, I would like to investigate it! Which lead me to find hints about this CR-1.

From what I understand (it's taken me about 2-3 months to figure out the K-1 on my own! LOL so I don't understand very much apparently ) it would be possible for her to fly down here, marry me and return to Canada***. I then file a CR-1...

...aaand what happens? Does she get a packet and an interview like the K-1?

Does she need a medical exam? (Seeing that they need an I-864[? the income support / sponsor document] I'd assume one is required just for that in this case?)

It seems she's granted a visa AND a green card right away? (Awesome! if so, no more 1010 dollars! xD)

What happens after the CR-1 is accepted?

It seems like it's too easy... lol However, do we need to be married -here-? I am planning on visiting her sometime in the future to meet with some of her extended family and her next trip here was going to be the K-1 and moving in! xD

If any of you can help me compare or explain in our case which would be better please do so! =D

***Mind you, she'll need to come here twice in the CR-1 case, which is gonna be a cost of around 400-500 dollars for a plane ticket extra -if- we need to get married in the states. However I think it'll be at least a few hundred cheaper, but definitely a lot less hassle?

####Basically, what are the steps after the CR-1 is approved? Live together happily ever after? xD

[canadian_wife 1,791]

http://www.visajourney.com/forums/index.ph...mp;page=compare

This link compares and contrasts the different visas. Disregard the K-3. It is no longer a useful visa.

If you marry and get an approved Cr-1 she will need to move to the US within 6 months. When she does, a green card will arrive in the mail

An interview and medical are required for any type of visa. Where in Canada is your girlfriend from? This will determine where the interview will take place (unless it's a CR-1 visa and then it wil be through Montreal)

Good luck.

PS - this process is ANYTHING but easy. It is long and stressful and expensive.

[Gary and Alla 3,694]

Ok so I've looked into the K-1 visa relatively thoroughly. My fiance is Canadian, I'm a US Citizen... she's been to visit me twice now, I've been to visit her once (twice very soon)... We've known each other for nearly a year and a half and would like to get married and settle down in the US.

For those of you who don't like to read details find the ####'s at the bottom

For the K-1

• Initially I need to file a I-129F (455 dollars)
  
• yadda yadda happens and she gets her interview... (131 dollars)
  
• she needs to get a medical exam (~100'ish dollars)
  
• (any other fees?)
  

Now on to the visa being used to cross the border... once here, we have 90 days to marry. (I-94?)

• Soooo, we marry...
  
• After marriage, but before the I-94? (90 days) is up we file for an AOS... (!! 1010 dollars)
  
• and wait for green card / ability to work for (XXX long?)
  

All said and done I've seen it quoted to be around 22-2300 dollars for the K-1... not horrible, and a decent amount of work/effort/time/fright (lol). I think I've bulleted most of the main steps... feel free to add/correct any problems.

But still if there's a better way, I would like to investigate it! Which lead me to find hints about this CR-1.

From what I understand (it's taken me about 2-3 months to figure out the K-1 on my own! LOL so I don't understand very much apparently ) it would be possible for her to fly down here, marry me and return to Canada***. I then file a CR-1...

...aaand what happens? Does she get a packet and an interview like the K-1?

Does she need a medical exam? (Seeing that they need an I-864[? the income support / sponsor document] I'd assume one is required just for that in this case?)

It seems she's granted a visa AND a green card right away? (Awesome! if so, no more 1010 dollars! xD)

What happens after the CR-1 is accepted?

It seems like it's too easy... lol However, do we need to be married -here-? I am planning on visiting her sometime in the future to meet with some of her extended family and her next trip here was going to be the K-1 and moving in! xD

If any of you can help me compare or explain in our case which would be better please do so! =D

***Mind you, she'll need to come here twice in the CR-1 case, which is gonna be a cost of around 400-500 dollars for a plane ticket extra -if- we need to get married in the states. However I think it'll be at least a few hundred cheaper, but definitely a lot less hassle?

####Basically, what are the steps after the CR-1 is approved? Live together happily ever after? xD

In my opinion the K-1 is a very poor visa for a Canadian to apply for. Why?

1. Canadians enjoy a unique position in being able to visit the USA very easily, even easier than a VWP country. So the fact that a CR-1 takes a little longer is no big deal, you can both visit back and forth easily. When the K-1 arrives they cannot leave the USA until they have an AP or green card. So much for easy travel.

2. Canadians, almost all of them, speak English, drive cars, have similar education to US citizens and basically come from a nearly identical culture. I have lived in Canada and eastern Europe, Canada is relatively identical to the US. There is more culture shock between Rhode Island and Alabama than there is between Dallas and Montreal. This means the Canadian arrives well adjusted, ready to hit the ground running and go back into their chosen field of work....but with a K-1 they have to wait for an EAD or geen card.

For us, the K-1 was the route to go because Alla did not need to work when she arrived, was intending to go to school, not work, needed to learn to drive and all sorts of things that would keep her close to home for several months anyway, so why not? Unless your Canadian fiancee is satisfied to bascially sit on their butt for 3-6 months after arriving, the K-1 is a bad idea.

[figuringthisout 0]

http://www.visajourney.com/forums/index.ph...mp;page=compare

This link compares and contrasts the different visas. Disregard the K-3. It is no longer a useful visa.

If you marry and get an approved Cr-1 she will need to move to the US within 6 months. When she does, a green card will arrive in the mail

An interview and medical are required for any type of visa. Where in Canada is your girlfriend from? This will determine where the interview will take place (unless it's a CR-1 visa and then it wil be through Montreal)

Good luck.

PS - this process is ANYTHING but easy. It is long and stressful and expensive.

Shes from around Vancouver, but if we did the CR-1 she'd need about a 600 dollar plane ticket and a hotel, unless she stayed in a hostile. But still it looks to end up being about the same cost for the K-1 vs the CR-1..

So if I understand correctly:

The nice thing about the CR-1 is we'd only have to be worried once (interview) and then she can come here and get her green card.

Vs.

The K-1 where we're worried twice, once for the Visa and once for the AOS =S But she would be stuck here not able to do anything...

How about if the CR-1 vs the K-1/AOS gets denied? Whats the process we should take after that? Just resubmit CR-1 for 355 dollars? vs. an AOS being denied, we need to resubmit for 1010??! Does she get kicked out? Thus we need to redo a K-1 to get her back in? CR-1 sounds less frightening atm lol.

[figuringthisout 0]

ALSO (Sorry for double post, just realized I didn't see an answer to this too)

Do we need to be married -here- (in the USA)? Or can we get married in Canada?

[canadian_wife 1,791]

If you go for the K-1 then you must marry in the US. If you choose to go for the CR-1 then you can marry anywhere you like.

With the cost of traveling to Montreal vs. the cost of adjusting status, I suggest going for the Cr-1. It is a superior visa if you ask me.

Now, a denial is rare in Montreal (for typical cases) because it is a low fraud country (not to say that it is unheard of). If there is no criminal activity or visa overstay or other illegal activity, and your relationship is solid, you should be fine. However, if the Cr-1 is denied, you may apply again, with all the associated costs paid again, but you will have to overcome the reasons for denial. If you are denied adjustment of status then she will have to leave the US. Either way, a denial will make it VERY difficult for her to ever visit the US.

But again, denial should not be on your radar if your relationship is solid and there are no aggrevating factors

Good luck.

[figuringthisout 0]

If you go for the K-1 then you must marry in the US. If you choose to go for the CR-1 then you can marry anywhere you like.

With the cost of traveling to Montreal vs. the cost of adjusting status, I suggest going for the Cr-1. It is a superior visa if you ask me.

Now, a denial is rare in Montreal (for typical cases) because it is a low fraud country (not to say that it is unheard of). If there is no criminal activity or visa overstay or other illegal activity, and your relationship is solid, you should be fine. However, if the Cr-1 is denied, you may apply again, with all the associated costs paid again, but you will have to overcome the reasons for denial. If you are denied adjustment of status then she will have to leave the US. Either way, a denial will make it VERY difficult for her to ever visit the US.

But again, denial should not be on your radar if your relationship is solid and there are no aggrevating factors

Good luck.

Its only on my radar due to the I-864! =S I make about 16-17k a year at 10.25 an hour working full time and it still isn't enough for this poverty line. I don't know what kind of job they expect me to have lol.. but I'm trying to get a second job at the moment just for this situation. I live comfortably as it is by myself and if she comes here with a CR-1 she'll be able to get a job and we can share costs making it even easier for us both. This poverty line situation on the 864 is what's really scaring me... everything else is solid for sure!

EDIT: We're definitely going to consider the CR-1! Thank you guys for the info! Just worried about this sponsorship stuff now =S

Edited January 24, 2010 by figuringthisout

[canadian_wife 1,791]

If you don't make the poverty level of 125% above the listed poverty line, then you may get a co-sponsor.

Good luck.

[figuringthisout 0]

If you don't make the poverty level of 125% above the listed poverty line, then you may get a co-sponsor.

Good luck.

Oh I know... but that's the problem... We might not be able to get one =S

[JimVaPhuong 4,863]

Its only on my radar due to the I-864! =S I make about 16-17k a year at 10.25 an hour working full time and it still isn't enough for this poverty line. I don't know what kind of job they expect me to have lol.. but I'm trying to get a second job at the moment just for this situation. I live comfortably as it is by myself and if she comes here with a CR-1 she'll be able to get a job and we can share costs making it even easier for us both. This poverty line situation on the 864 is what's really scaring me... everything else is solid for sure!

EDIT: We're definitely going to consider the CR-1! Thank you guys for the info! Just worried about this sponsorship stuff now =S

If you make $10.25 an hour, and work full time (40 hours/week), you should be pulling in over $20K annually. It's your before-tax income that matters.

You have to meet the income requirements, or have a co-sponsor that meets the income requirements, regardless of which type of visa you choose. If you choose to go for a K1, then the consulate will want evidence of your income with an I-134 affidavit, and USCIS will want it again with an I-864 when you apply for AOS. If you choose to go for a CR1, then you'll need to submit the I-864 before the visa will be approved. Either way, you have to meet the income requirements.

What they want is proof that you can support an immigrant, even if the immigrant isn't living with you and sharing household expenses. A divorce wouldn't relieve you of this obligation, and the US government doesn't want the sponsored immigrant living off the taxpayers. 125% of the poverty level is an arbitrary number they seemingly pulled out of a hat. In some states, you can live quite comfortably at this income level. In other states (California, for example) you'd be lucky to afford a bachelor pad in a shady part of town. In any case, this is the threshold they came up with, and the one all of us have to meet.

Frankly, most people who have a tough time meeting the income requirements will also have a tough time with the expenses of marrying a foreigner and helping them immigrate. Even with a fiancee from nearby Canada, the expenses can add up fast. In my case, the fees I paid to the US government were a small fraction of the total costs.

[figuringthisout 0]

If you make $10.25 an hour, and work full time (40 hours/week), you should be pulling in over $20K annually. It's your before-tax income that matters.

You have to meet the income requirements, or have a co-sponsor that meets the income requirements, regardless of which type of visa you choose. If you choose to go for a K1, then the consulate will want evidence of your income with an I-134 affidavit, and USCIS will want it again with an I-864 when you apply for AOS. If you choose to go for a CR1, then you'll need to submit the I-864 before the visa will be approved. Either way, you have to meet the income requirements.

What they want is proof that you can support an immigrant, even if the immigrant isn't living with you and sharing household expenses. A divorce wouldn't relieve you of this obligation, and the US government doesn't want the sponsored immigrant living off the taxpayers. 125% of the poverty level is an arbitrary number they seemingly pulled out of a hat. In some states, you can live quite comfortably at this income level. In other states (California, for example) you'd be lucky to afford a bachelor pad in a shady part of town. In any case, this is the threshold they came up with, and the one all of us have to meet.

Frankly, most people who have a tough time meeting the income requirements will also have a tough time with the expenses of marrying a foreigner and helping them immigrate. Even with a fiancee from nearby Canada, the expenses can add up fast. In my case, the fees I paid to the US government were a small fraction of the total costs.

OOoh I understand... okay and yes, I should be fine xD Woot!

Excited!

We'll keep you guys 'n gals posted. If I have any more questions I'll be sure to jump on VJ... this site is a VERY valuable resource! Thank you everyone involved!

[HeatDeath 430]

One issue that was major for me and my wife that hasn't been mentioned yet is the issue of separation and timing. My wife, the USC, comes from a large Italian family, with strong traditional values. It was important to her, and therefore to me, that we have only one wedding anniversary, and no separation after the wedding. A CR-1 would have generated two wedding anniversaries - a "legal" wedding, probably in Canada, with a Justice of the Peace, to start the visa process, followed by a significant period of separation, followed by a larger, "real" wedding, with all of the family, after my arrival on the CR-1. Which anniversary do you celebrate every year? When were you "really" married?

We weren't really comfortable with that, so we went for the K-1, even knowing that it would cost more. It was worth the extra money to only have the one "real" wedding and anniversary, and no separation after the wedding.

Your mileage may, of course, vary, but it's something you should discuss seriously with your fiancee.

Edited January 25, 2010 by HeatDeath

[figuringthisout 0]

One issue that was major for me and my wife that hasn't been mentioned yet is the issue of separation and timing. My wife, the USC, comes from a large Italian family, with strong traditional values. It was important to her, and therefore to me, that we have only one wedding anniversary, and no separation after the wedding. A CR-1 would have generated two wedding anniversaries - a "legal" wedding, probably in Canada, with a Justice of the Peace, to start the visa process, followed by a significant period of separation, followed by a larger, "real" wedding, with all of the family, after my arrival on the CR-1. Which anniversary do you celebrate every year? When were you "really" married?

We weren't really comfortable with that, so we went for the K-1, even knowing that it would cost more. It was worth the extra money to only have the one "real" wedding and anniversary, and no separation after the wedding.

Your mileage may, of course, vary, but it's something you should discuss seriously with your fiancee.

Oh we have... we've shared similar concerns and we're working out what will be best for all. Thank you for your views on this though!

Right now the period of separation will allow her to work, which unfortunately is turning out to be the main deciding factor. She will need to buy a car once here, etc so we're going to take the time to work up a substantial buffer of funds. xD Fortunately during this time we're learning more and more about the processes and we're starting to not be so worried about them! lol