CR-1 or K-1... that is the question

[dini2k 0]

First of all, HELLO! VisaJourney.com! What great place to read other's stories, tips & struggles in the "pursuit of happiness". This is my first post here and apologies if this has been issued by countless other loved up couples but feel our situation is quite unique to what I have read on here previously. I recently popped the question and got engaged whilst on holiday in Tenerife. My fiance has since returned back to the US.

I'd like to give you all a heads up on our situation. I'm Jonny, 26, Employed, from Manchester U.K. currently living at home with family in the U.K. My Fiancée, Kim, 28, from Tampa U.S.A, working 2 jobs casually as a waitress, Living in the US at home with her family. We keep in contact everyday through Skype, Facebook etc....

We both met backpacking in Australia back in Oct 2008 and lived together in hostels and apartments until April 2010. Since leaving Oz we have both gone back and forth from UK to US visiting on VWP and staying in each other's family homes. This has been great whilst together but horrific when we have to spend time apart as the visa/money runs out and we have to return to our home country to work again.

Now we have both decided that we would like to live in the U.S. for the foreseeable future, maybe coming back to the U.K. once we have settled, have careers, children grown up etc... So the time has come to decide on which visa route to follow. I have read the guides, time line, fees, and other posts but find it very hard to pick between the K1 visa or the CR-1 visa route. My fiance has spoken with an immigration lawyer in Tampa who advised that I come go over on holiday and just 'spur of the moment' decide to marry her, the lawyer even suggested he marry us in his office on paper and handle the whole application/forms process..and charging $1500 for the privilege. And then maybe later we can have a proper wedding ceremony wherever we choose.

At the moment I need to reside in the UK for next 2-3 months as I am awaiting an operation on my knee and need to save up more money for the time I will be out of work both here and eventually when I travel to the US.

I would love any input from any 1 with similar experience, Can you see if we making any glaring errors? We have both been getting really stressed out with reading conflicting advice and just want to be together as soon as possible.

[Tygrys 143]

Now we have both decided that we would like to live in the U.S. for the foreseeable future, maybe coming back to the U.K. once we have settled, have careers, children grown up etc... So the time has come to decide on which visa route to follow. I have read the guides, time line, fees, and other posts but find it very hard to pick between the K1 visa or the CR-1 visa route. My fiance has spoken with an immigration lawyer in Tampa who advised that I come go over on holiday and just 'spur of the moment' decide to marry her, the lawyer even suggested he marry us in his office on paper and handle the whole application/forms process..and charging $1500 for the privilege. And then maybe later we can have a proper wedding ceremony wherever we choose.

You have not specifically say what action after his marriage ceremony this lawyer advised. Filing for CR-1 with you returning to UK for the process would be perfectly okay, staying here and trying to adjust the status based on the marriage would be illegal and may have unpleasant consequences. Don't even ask about it on this site, you will no get any sympathy.

BTW, marriage license in Hillsborough County, FL costs $93.50, marriage ceremony $30. Any notary public can perform the ceremony. Save yourself $1500.

[Mike B. 231]

You have not specifically say what action after his marriage ceremony this lawyer advised. Filing for CR-1 with you returning to UK for the process would be perfectly okay, staying here and trying to adjust the status based on the marriage would be illegal and may have unpleasant consequences. Don't even ask about it on this site, you will no get any sympathy.

BTW, marriage license in Hillsborough County, FL costs $93.50, marriage ceremony $30. Any notary public can perform the ceremony. Save yourself $1500.

Yeah, this. If your lawyer is advising you to fraudulently come here as part of the VWP on the condition that you do not intend on immigrating, and then marry and adjust status to immigrate, you need to fire your lawyer. It sounds a whole lot like the lawyer is suggesting that. I'm not sure the $1500 fee is for, but if it's for the trouble of standing on line for ten minutes at the county clerk's office to apply for a marriage license, then I guess you have to decide if your time is worth $90000/hour. Seems pretty steep to me.

[VanessaTony 3,567]

What you're advising here is against the law and TOS of this site.

Reported to Mod.

Ditto on the reporting. While it MAY work (breaking the law) it doesn't make it okay. People kill and get away with it, is that okay?

[Ban Hammer 12,880]

several posts advising the op to commit visa fraud removed, along with several quoting. one post returned below minus the quote

That's not true. For one, there are plenty of people on the site who are from Europe who are doing the CR-1 route. How would he adjust without first having a visa? That's the whole point. You can get married here, but he would have to return back to the UK while the I-130 petition is filed. I'm sure there are tons of spouses who would love to stay in the US while waiting for their petition, but that isn't the process.

OP, please read the guides and check out the IR-1/CR-1 forum on this site if that's the route you want to pursue.

(the below is not directed at the poster above)

while one can do a spur of the moment marriage, it's up to that couple to successfully prove at the adjustment of status interview that it was a spur of the moment marriage and not planned. do not presume that the interviewers are stupid and that the bar to proving such is low. also know that failure at that interview could result in a lifetime ban on the beneficiary.

in short, it's reckless to suggest they go this route

[Krikit 1,163]

Moving from K-1 Process to General Immigration-Related Discussion.

[ceadsearc 516]

Well, to do the CR-1 you'd have to meet again in person either in the US or UK. The process is also slightly longer. So if your fiancée will not be visiting soon and you need to wait for your surgery to travel then the overall process could be much longer for the CR-1. It is cheaper overall. With a K-1, you can file right now. In about 6 months or so you'll have your visa to travel. You have to adjust status once you get to the US, though, so it's more money down the line plus waiting a few months before you can work, whereas with the CR-1 you can work immediately. So I guess the question is: time or money?

[dini2k 0]

Thanks for the replies, after reading all your comments and read up a little on other sites I *think* I now understand the merits (and disadvantages) of choosing a certain visa. I have concluded that I have 3 different paths to choose from, and would like to share them and get your views to make sure I fully understand them correctly

1.K1 Visa Route - Entering U.S.A with fiance visa

we both apply for K-1 which can take upto 7.5 months, USC starting with I-129F, myself other forms and when the time comes interview @ the consulate in London.

enter U.S.A and get married within 90 days

Apply for AOS, which can take upto a further 3 months, whilst being unable to work

I see the advantages with this 1 as I can remain in the U.S.A as soon as we are married and until the AOS is confirmed.

The disadvantages being it's the most expensive route (around $1800), having to wait here in the UK until visa is issued and I would be unable to work in US until AOS finished and green card issued.

2. CR-1 visa Route

I enter the U.S on ESTA VWP for visit intending to return back within the 90 days. NOT lying to immigration official, being honest without giving away to much information. Also having the evidence to back me up if necessary to prove i'm going back to U.k. Return flight, work contract etc...

and if we marry I will still have to leave the U.S.

USC applys for CR-1 which can take up to 5-9 months

Whilst back home I will pursue an immigrant visa and USC can visit me in the U.K. whilst this processing.

The advantages of this route being the cheapest in paperwork costs, and I can come back home to work whilst paperwork being processed. But disadvantage being more time possibly spent apart from each other

3. USC visits me in UK on fiance visa and we marry in the UK. Or more vaguely any country in the world...

applying for appropriate visas,, informing registrars etc..

get married

applying for CR-1

Comments.... please....

[VanessaTony 3,567]

1.K1 Visa Route - Entering U.S.A with fiance visa

- we both apply for K-1 which can take upto 7.5 months, USC starting with I-129F, myself other forms and when the time comes interview @ the consulate in London. No. She files a K1 petition for you (I-129F). That takes about 5+ months to be approved then once approved it gets sent to London and you will start the K1 visa application portion which can take quite a while in the UK

- enter U.S.A and get married within 90 days

- Apply for AOS, which can take upto a further 3 months, whilst being unable to work

I see the advantages with this 1 as I can remain in the U.S.A as soon as we are married and until the AOS is confirmed.

The disadvantages being it's the most expensive route (around $1800), having to wait here in the UK until visa is issued and I would be unable to work in US until AOS finished and green card issued. Yes and no on more expensive. If you are already apart you can file the K1 tomorrow. It is cheaper than the CR-1 which requires you to first fly there - flights aren't cheap - and also shorter than the CR-1 because you can file now rather than waiting till you are together next

2. CR-1 visa Route

- I enter the U.S on ESTA VWP for visit intending to return back within the 90 days. NOT lying to immigration official, being honest without giving away to much information. Also having the evidence to back me up if necessary to prove i'm going back to U.k. Return flight, work contract etc...

- and if we marry I will still have to leave the U.S.

- USC applys for CR-1 which can take up to 5-9 months Sort of. Like the K1 she files a CR-1 petition for you (I-130) then it gets sent to London and you will start the CR-1 visa application portion which can take quite a while in the UK

- Whilst back home I will pursue an immigrant visa and USC can visit me in the U.K. whilst this processing. No. You don't do anything until the I-130 is processed. Lots of waiting - like with the K1

The advantages of this route being the cheapest in paperwork costs, and I can come back home to work whilst paperwork being processed. But disadvantage being more time possibly spent apart from each other Yes cheaper in paperwork costs. You can visit on either K1 or CR-1. CR-1 is preferable in my personal opinion (having gone the K1 route) because of the ability to work immediately, but NOT preferable in spending almost the entire first year of marriage apart from your new spouse. Tony was able to financially support us (and still can) so being unable to work didn't matter as much as being apart while married would have.

3. USC visits me in UK on fiance visa and we marry in the UK. Or more vaguely any country in the world...

- applying for appropriate visas,, informing registrars etc..

- get married

- applying for CR-1

Not quite. Comments in red above.

It's really a lot simpler than you're making it sound. Marry now (CR-1 route) or marry later (K1). unable to work for several months (K1) need to work (CR-1). File now (K1) file later (CR-1).

So k1 is: File now, marry later, unable to work for several months. (together permanently sooner).

CR-1 is: Marry now, file later, work asap. (longer until together permanently)

[dini2k 0]

Not quite. Comments in red above.

It's really a lot simpler than you're making it sound. Marry now (CR-1 route) or marry later (K1). unable to work for several months (K1) need to work (CR-1). File now (K1) file later (CR-1).

So k1 is: File now, marry later, unable to work for several months. (together permanently sooner).

CR-1 is: Marry now, file later, work asap. (longer until together permanently)

Wow thanks for your input, it's answered a lot of questions in my very indecisive mind! Now tell my fiance to give it a read through and hopefully we'll come to a decision soon

[hamik02 0]

Hi everyone! Thanks so much for all of your help! This site has really cleared a lot of things up for us. I'm Jonny's fiance. Just wondering, if we do the CR-1 would I be able to come visit him in the UK during the process???

[hamik02 0]

and....can I still visit him while the K-1 is being processed??

[Krikit 1,163]

Hi everyone! Thanks so much for all of your help! This site has really cleared a lot of things up for us. I'm Jonny's fiance. Just wondering, if we do the CR-1 would I be able to come visit him in the UK during the process???

and....can I still visit him while the K-1 is being processed??

You'll get your best answers for the above in the UK Forum.

Welcome to VJ.

[hamik02 0]

thanks for you help! I clicked on the link, but could you be a bit more specific??? If not, guess I'll just start reading through all of them....

[Krikit 1,163]

Ask your question in that forum.