K-1 or...

[Andre77 0]

Hi good folks, this is my first post, so I'm sorry if I repeat something that has already been discussed here (so please feel free to direct me to a previous thread on the topic, if this one is not appreciated). Anyways, here's our dilemma..

I'm a Norwegian citizen engaged to an American citizen, and we're wondering whether to go for..

1. A K-1 visa, and then get married in the US, or

2. Get married in Norway and go for a K-3 visa, or

3. Go straight for the CR-1, once married here in Norway

Is there a difference in processing times for the various visas and the CR-1? We've looked at the timelines here on the forum (but they vary so much!) We've also read online that the waiting time to approve a K-1 visa can be anywhere from two weeks to seven months (depending on the backlog of similar cases pending approval at the USCIS Regional Center), and we're aware of that procedures and policies differ from consulate to consulate.. But from our combination of the US Embassy in Oslo and a Regional USCIS center in New York, NY (where my fiancee lives), is there anybody here that can help us estimate approximate waiting times?

Based on your experience.. Once filed, how long time do you think it'll take to get a K-1 visa, K-3 visa or finish the waiting time for CR-1 while in Norway?

We've done a lot of research online, so we have plenty of general information, but in order to make the best decision for us, we really think the best way to go about it is to listen to advise from people in the same situation we are in. We want to start our life together as soon as possible, so we don't want to waste any time.

Thank you so much for this forum, and all the helpful posts we've read so far.

Looking forward to hear from you

~Andre

[payxibka 10,044]

Hi good folks, this is my first post, so I'm sorry if I repeat something that has already been discussed here (so please feel free to direct me to a previous thread on the topic, if this one is not appreciated). Anyways, here's our dilemma..

I'm a Norwegian citizen engaged to an American citizen, and we're wondering whether to go for..

1. A K-1 visa, and then get married in the US, or

2. Get married in Norway and go for a K-3 visa, or

3. Go straight for the CR-1, once married here in Norway

Is there a difference in processing times for the various visas and the CR-1? We've looked at the timelines here on the forum (but they vary so much!) We've also read online that the waiting time to approve a K-1 visa can be anywhere from two weeks to seven months (depending on the backlog of similar cases pending approval at the USCIS Regional Center), and we're aware of that procedures and policies differ from consulate to consulate.. But from our combination of the US Embassy in Oslo and a Regional USCIS center in New York, NY (where my fiancee lives), is there anybody here that can help us estimate approximate waiting times?

Based on your experience.. Once filed, how long time do you think it'll take to get a K-1 visa, K-3 visa or finish the waiting time for CR-1 while in Norway?

We've done a lot of research online, so we have plenty of general information, but in order to make the best decision for us, we really think the best way to go about it is to listen to advise from people in the same situation we are in. We want to start our life together as soon as possible, so we don't want to waste any time.

Thank you so much for this forum, and all the helpful posts we've read so far.

Looking forward to hear from you

~Andre

No such thing as a K-1 in two weeks... Current processing time for the USCIS is 5-6 mos. and then you need to add the Oslo processing which can add a few to several more weeks. There is no USCIS regional facility in New York. For NY residents it would typically be Vermont.

K-3's have become administratively obsolete, so do not plan on that.

[Andre77 0]

No such thing as a K-1 in two weeks... Current processing time for the USCIS is 5-6 mos. and then you need to add the Oslo processing which can add a few to several more weeks. There is no USCIS regional facility in New York. For NY residents it would typically be Vermont.

K-3's have become administratively obsolete, so do not plan on that.

Hi, thank you for the quick reply :-)

Yeah, I read on this forum that the K-3 sometimes takes as long as the CR-1 process, so I guess that's not a good option.

Oh, and I have another question:

Let's say we get married in Norway (late this summer). And we don't file anything (no CR-1 or K-3). Can I then just travel to the US in the fall to attend a conference on my visa waver, ..but then instead of going home (after the conference) on my return ticket, I stay in the US and then adjust my status and begin the GreenCard process?

..It this possible, or a smart choice?

Thanx again

~Andre

[KLS2010 30]

Hi good folks, this is my first post, so I'm sorry if I repeat something that has already been discussed here (so please feel free to direct me to a previous thread on the topic, if this one is not appreciated). Anyways, here's our dilemma..

I'm a Norwegian citizen engaged to an American citizen, and we're wondering whether to go for..

1. A K-1 visa, and then get married in the US, or

2. Get married in Norway and go for a K-3 visa, or

3. Go straight for the CR-1, once married here in Norway

Is there a difference in processing times for the various visas and the CR-1? We've looked at the timelines here on the forum (but they vary so much!) We've also read online that the waiting time to approve a K-1 visa can be anywhere from two weeks to seven months (depending on the backlog of similar cases pending approval at the USCIS Regional Center), and we're aware of that procedures and policies differ from consulate to consulate.. But from our combination of the US Embassy in Oslo and a Regional USCIS center in New York, NY (where my fiancee lives), is there anybody here that can help us estimate approximate waiting times?

Based on your experience.. Once filed, how long time do you think it'll take to get a K-1 visa, K-3 visa or finish the waiting time for CR-1 while in Norway?

We've done a lot of research online, so we have plenty of general information, but in order to make the best decision for us, we really think the best way to go about it is to listen to advise from people in the same situation we are in. We want to start our life together as soon as possible, so we don't want to waste any time.

Thank you so much for this forum, and all the helpful posts we've read so far.

Looking forward to hear from you

~Andre

My husband and I were in two minds as to whether to go K1 or IR1/CR-1 also. In the end we decided to get married while I was visting on a VWP, then I returned home to Australia and filed for IR-1/CR-1. I'm not from Norway, so can't give you specific information on how long things would take for you, but I'll give you and idea about our timeline so far. We filed in December 2010, were approved April 18, given a case number at the NVC 29th April and are now about to send back our final package to NVC, after which we will get an interview. We haven't had any issues so far (no RFEs) so I think our timeline is fairly standard. You are probably looking at 5-6mths to get the initial petition approved then another few months to go through NVC and consulate.

Keep in mind, that if you go the K-1 route you will have another couple of months (I think) of processing once you enter the US and get married (Adjustment of Status paperwork) and it is my understanding that you are not able to work straight away. This may be something to consider if, financially, you need to be able to work as soon as possible after entering the US.

I'm sure someone wiho is doing K-1 will be able to give you better information on taking that path.

Which ever way you go, you will probably be in for a long ride. Wish you the best which ever path you choose!

[ryna 132]

Hi, thank you for the quick reply :-)

Yeah, I read on this forum that the K-3 sometimes takes as long as the CR-1 process, so I guess that's not a good option.

Oh, and I have another question:

Let's say we get married in Norway (late this summer). And we don't file anything (no CR-1 or K-3). Can I then just travel to the US in the fall to attend a conference on my visa waver, ..but then instead of going home (after the conference) on my return ticket, I stay in the US and then adjust my status and begin the GreenCard process?

..It this possible, or a smart choice?

Thanx again

~Andre

If they in any way get even a whiff that you've already thought about doing that ahead of time (staying in the US and adjusting) they will deny it and, as it will be on a visa waiver entry, there is no option for appeal.

Definitely not the way to go..

[Andre77 0]

My husband and I were in two minds as to whether to go K1 or IR1/CR-1 also. In the end we decided to get married while I was visting on a VWP, then I returned home to Australia and filed for IR-1/CR-1. I'm not from Norway, so can't give you specific information on how long things would take for you, but I'll give you and idea about our timeline so far. We filed in December 2010, were approved April 18, given a case number at the NVC 29th April and are now about to send back our final package to NVC, after which we will get an interview. We haven't had any issues so far (no RFEs) so I think our timeline is fairly standard. You are probably looking at 5-6mths to get the initial petition approved then another few months to go through NVC and consulate.

Keep in mind, that if you go the K-1 route you will have another couple of months (I think) of processing once you enter the US and get married (Adjustment of Status paperwork) and it is my understanding that you are not able to work straight away. This may be something to consider if, financially, you need to be able to work as soon as possible after entering the US.

I'm sure someone wiho is doing K-1 will be able to give you better information on taking that path.

Which ever way you go, you will probably be in for a long ride. Wish you the best which ever path you choose!

Thank you so much for all the useful information :-) Yeah, that's also an option, ..that I travel to the US (e.g. late this summer), get married, and then leave. I'm worried about the whole "intent" thing though. I don't want to get off too a bad start with the immigration by doing something on VWP that they "don't like."

BUT I guess there's a BIG difference in.. (1) Travel to the US on VWP, get married ..and stay (which would indicate an intent to directly immigrate), or (2) Travel to the US on VWP, get married ..and leave (which would at most indicate an intent of getting married while in the US under VWP - which isn't illegal) ..but still, it feels like I'm not being straight forward with 'em by doing this..

Did they ever question you on why you got married when just being a "tourist" in the US?

Thanx again & good luck to you!

~Andre

[Andre77 0]

If they in any way get even a whiff that you've already thought about doing that ahead of time (staying in the US and adjusting) they will deny it and, as it will be on a visa waiver entry, there is no option for appeal.

Definitely not the way to go..

OK, I definitely don't want to risk anything going sour between me & immigration, so you're right, it's def not the way to go then. I didn't know about the fact that there's no option for appeal on a case like that, so thank you so much for that vital information.

I guess there's no shortcuts! We just have to have patience. Thank God for Skype, ..it's how my fiancee & I manage to stay close and share everyday events with each other :-) But it's still so hard to be apart

~Andre

[LlamaInvasion 76]

The Timelines from Norway aren't that great since there isn't a lot of people immigrating from Norway, but you can search them and see how long it's taken others. Personally I'd go for the CR-1 just because then once it's over, it's all done with, whereas with the K-1 there's first the K-1 process, then Adjusting Status after the fact.

I would not go on a VWP and then plan on staying; you can go on a VWP and marry, and then go back home (or he could come to Norway and do the same). If you do go on a VWP to marry and leave again, just make sure you bring some evidence that you're actually returning home just in case they ask you about it at the POE.

[Andre77 0]

The Timelines from Norway aren't that great since there isn't a lot of people immigrating from Norway, but you can search them and see how long it's taken others. Personally I'd go for the CR-1 just because then once it's over, it's all done with, whereas with the K-1 there's first the K-1 process, then Adjusting Status after the fact.

I would not go on a VWP and then plan on staying; you can go on a VWP and marry, and then go back home (or he could come to Norway and do the same). If you do go on a VWP to marry and leave again, just make sure you bring some evidence that you're actually returning home just in case they ask you about it at the POE.

Yeah, I definitely see your point. I guess the only reason to first go for a K-1 (in addition to be able to marry in the US) would be that we get to see each other most likely after 5-6 months, instead of 9-12 months (or even longer..? I don't know how long the CR-1 process usually takes). It's probably a cheaper choice financially too, b/c then we don't have to pay the $450 for the K-1 first..

The thing that worries me though is that we'll have to be apart for that long of a time. I've read on this forum that it's possible to visit the US while the CR-1 is pending, but it's a risk right? What happens if they refuse me at POE (when I want to just visit my wife, e.g for christmas --while the CR-1 is in process). Will a denial of me entering the country on my VWP affect my CR-1 application?

Thank you for your good advice

~Andre

[LlamaInvasion 76]

No, it will not affect your CR-1 application. Just be prepared at the point of entry; having strong ties that shows you're not there to immigrate (yet, hah!) will help. I'm sure others can give you advice on what exactly would be good to bring to show ties to Norway, but I've seen stuff like letters from employers, proof that you own or rent property and will continue to do so, return tickets, etc, will help.