Need help! CR-1 or K-1 is the best option?

[photai 0]

Hello everyone,

I’m Vietnamese and new on the board. My boyfriend and I met on a dating website. We both fell deeply in love, and we knew that we were born for each other even though we haven’t met in person yet. Currently, I’m waiting for my interview date for my B2 visa. If I get my visa and travel to America, which way is the best option for us?

A. When I get there he will propose me, and then I will return to my country and wait for him to file for a K-1 visa, which is faster.

B. When I get there we both will get married, and then I will return to my country and wait for him to file for a CR-1 visa, which is longer.

My concern is how long does Immigration process take for each one? At first, I thought both ways are not much different time in the process, but recently I have read the article on www.fianceevisaservices.com said that “Recently processing of Spousal Visas has gotten extremely slow, just like the bad old days. Revised June 2011.” I’m so confused, and as our situation I really don’t know which way is the best option? We just want to be together and forever as soon as possible since living away from each other is sad.

Any advice, recommendations or insight would be greatly appreciated.

[Ryan H 3,796]

Coming here and getting married and filing I-130 (CR-1) along with adjustment of status is an option.

No it isn't. Entering on a tourist visa with the intent to stay and adjust status is fraud. OP, DO NOT DO THIS.

I've noticed here on VJ that I-130's for CR-1's are being approved in less than the 5 months posted time (out of the California Service Center anyway). Do you have a link to that specific article you reference.

Finally, I suggest you look through the Vietnam regional forum before any paperwork is filed. Many other VJ members who have spouses from Vietname and have dealt with the Consulate in Ho Chi Minh City (where you will have your visa interview) have mentioned time and again that you need to be very well preapred before going there for an interview.

Edited July 12, 2011 by Ryan H

[M in CA 9]

for us, CR-1 was roughly the same time frame, and hubby will have 1) immediate work authorization and 2) in & out of country travel privileges.

With a K1, EAD can tkae 90 days, and not easy to come and go if there is an emergency back in other country.

Check out Igor's List to compare processesing times. Sound to me like the fiancee website was reporting negatively about spouse visa for marketing purposes.

oh yes... an dthere are requirements about you meeting in-person with any of these visas... so... might be REALLY hard to get K1.

[Ryan H 3,796]

At first, I thought both ways are not much different time in the process, but recently I have read the article on www.fianceevisaservices.com said that “Recently processing of Spousal Visas has gotten extremely slow, just like the bad old days. Revised June 2011.”

Update from my last post, I went to that site and saw the claim that is being made. Unless you have an interview pending in Accra, Ghana; I personally feel that claim is dubious. As I previously stated, most files that go through CSC are being approved in less than the 5 months posted time. Don't know how fast VSC is currently moving. The NVC stage can move quicker if properly managed on the petitioner's end (you obviously can't control things on the NVC end). And then once the file goes to the Embassy/Consulate, it depends on what they have available (in addition to transit time for the file to be shipped from the NVC to appropriate overseas location {N/A in EP cases}).

[calibob 73]

Bottom line, "Do it right, sleep at night". The choice is ultimately you and your fiance's. Here is a comparison of all options, Marriage guide to Visas, best of luck on the path you choose.

Bob

[Kathryn41 3,205]

Post advocating visa fraud has been removed.

You have correctly identified the two options legally available to you. There are pros and cons for each but it is up to each couple to decide what is best for their individual circumstances. Good luck to you.