Getting married now - still use K-1?

[Casprd 167]

I agree with everything said here with one important missed downside: CR1 is at least 1-2 months longer, which was important for me. In addition, CR1 requires more proof of ongoing relationship and often longer relationship than K1 does. If you do not care about your fiancee working from day 1, you can find the way to drive in most states. In most states you can apply for DL immediately, pass driving test, get married immediately. The DL will be valid until I94 expires. Most of the time if you do everything promptly by the time your I94 expires you will get EAD card and this is sufficient to get temporary DL for another 60 days until your GC arrives. The rest is the same as with GC.. bank accounts, etc.

I would disagree that in most states you can get a DL without a green card, and more and more states are restricting this, not to mention school access and many other things. The other potential downside of the K-1 is depending on the consulate, the CO's are much more critical in their adjudication of the K-1 (this is from the CO's) It comes down to what works best for the people in each situation. For us, CR-1 was the way to go, but I have a friend who's wife doesn't plan to work, so the K-1 makes sense for them.

[bigtex26 2]

I agree with everything said here with one important missed downside: CR1 is at least 1-2 months longer, which was important for me. In addition, CR1 requires more proof of ongoing relationship and often longer relationship than K1 does. If you do not care about your fiancee working from day 1, you can find the way to drive in most states. In most states you can apply for DL immediately, pass driving test, get married immediately. The DL will be valid until I94 expires. Most of the time if you do everything promptly by the time your I94 expires you will get EAD card and this is sufficient to get temporary DL for another 60 days until your GC arrives. The rest is the same as with GC.. bank accounts, etc.

Proof of ongoing relationship is a big concern for me as well. Since we went from being fiances to now possible newlyweds. We don't jointly own anything (or kids) - so the only thing we'd have is our visiting photos, affidavits from sworn parties (medical professionals most likely who are both family and friends), and a newly created joint banking account.

Just for the records, I haven't applied for K-1 yet or CR1. So I'm weighing my options.

Reading up on how the NVC sends the fiance applicant various forms for the CR1, this has been another area of concern for me, as she does not have a functional mailing address out on her remote ranch. I wonder if they would also send me all her required materials.

[Ryan H 3,796]

Reading up on how the NVC sends the fiance applicant various forms for the CR1, this has been another area of concern for me, as she does not have a functional mailing address out on her remote ranch. I wonder if they would also send me all her required materials.

Don't know how a situation like that would work on a K1, but for a CR-1, there is the DS-3032 that she would sign that can designate you as the agent. Being designated as the agent, you would receive all correspondence from the NVC.

[bigtex26 2]

Don't know how a situation like that would work on a K1, but for a CR-1, there is the DS-3032 that she would sign that can designate you as the agent. Being designated as the agent, you would receive all correspondence from the NVC.

Awesome! Solves that problem! Thanks Ryan

[san diego 407]

I would disagree that in most states you can get a DL without a green card, and more and more states are restricting this, not to mention school access and many other things. The other potential downside of the K-1 is depending on the consulate, the CO's are much more critical in their adjudication of the K-1 (this is from the CO's) It comes down to what works best for the people in each situation. For us, CR-1 was the way to go, but I have a friend who's wife doesn't plan to work, so the K-1 makes sense for them.

In CA school is not a problem. My fiancee went to community college. No questions asked..

[Gosia & Tito 199]

Thanks everyone for your suggestions! I'm going to research this a bit more - frankly I was feeling very comfortable with the K-1 process, but I'm sure if I familiarize myself with the CR1 it shouldn't be that much more difficult.

Or you can just marry por la iglesia (by a church ceremony) and still do a K-1. The marriage that counts for visa/immigration purposes is the civil one

[Deputy Purple 1,294]

Proof of ongoing relationship is a big concern for me as well. Since we went from being fiances to now possible newlyweds. We don't jointly own anything (or kids) - so the only thing we'd have is our visiting photos, affidavits from sworn parties (medical professionals most likely who are both family and friends), and a newly created joint banking account.

I filed the I-130 for my wife 2 months after we were married. For proof of on-going relationship all I provided was 2 Joint Checking Accounts, Proof of her as beneficiary on my 401(k) at work & Proof that she was added to my Life & Medical Insurance Policies.

With CR-1 and a new marriage they will expect a lot less than a long term marriage. At Removal of Conditions 2 years after POE you'll need to provide more proof of co-mingling lives (finances, co-habitation etc).

Edited June 22, 2011 by Bob 4 Anna

[LBeachey 44]

Just for the records, I haven't applied for K-1 yet or CR1. So I'm weighing my options.

If you have adequate proof of a bona-fide relationship to file K-1, you should be OK for CR-1. Add her as a beneficiary to life insurance, retirement programs. You typically don't need SSN for that. You likely won't interview until early 2012 so you will also have a 2011 joint tax return.

I would say from a strictly immigration perspective the CR-1 is better. What is better for the two of you from a relationship perspective should be really what drives the decision.

[bigtex26 2]

If you have adequate proof of a bona-fide relationship to file K-1, you should be OK for CR-1. Add her as a beneficiary to life insurance, retirement programs. You typically don't need SSN for that. You likely won't interview until early 2012 so you will also have a 2011 joint tax return.

I would say from a strictly immigration perspective the CR-1 is better. What is better for the two of you from a relationship perspective should be really what drives the decision.

Good way of looking at it. I'm much less intimidated by the CR1 process now.

Thanks again for all the great suggestions!