CR1 vs K1

[Firegirl 0]

I came to the US on the VWP in 2011, while I was there I met the most amazing guy, it wasn't until after I had returned to the UK, within the VWP timescale, so I did not over stay, we realised we felt more than just friends.

We are now getting married later this year in September so I can be back with him, since 2011, I nor he was in a position to visit each other due to a string of plain bad luck.

We are not sure whether to go the CR1 or K1 route, we just want to be with each other not what appears to NE a million miles away, relying on Skype to see each other and Whatsapp on our cell phones.

I realise the CR1 route I can come in a VWP again and as long as I don't overstay and then wait the visa out in the UK, and the K1 I wait it out over there.

Any advise is welcome. Personally we would ideally like the K1 route but in reality it may not be the best option for us.

[UK-USA-K1 128]

Not sure the details of your case, but GENERALLY SPEAKING, a K-1 is a little less wait than CR1, but you MUST have visited each other in person within 2 YEARS of applying for the K-1. According to your post, that is a very close call as to whether you fit in. If you don't fit that timeline, you'd have to arrange a visit before you can file.

Pros for the K-1, you can file now, but you may not be able to get married in September. If you file now it would likely be the end of the year or early next year before you got here on the visa. Of course you could visit in between on the VWP, but you can't get married.

If you are dead set on the wedding date, then marry in September and file for the CR1, but realize you will have to wait til after your marriage to file and then it will be the standard wait time in your country to come back to live. This would make the date which you actually move over here likely to be 9 months later than if you were to file the K-1 today.

That's really about all I can say without more specifics.

[Nich-Nick 3,354]

I came to the US on the VWP in 2011, while I was there I met the most amazing guy, it wasn't until after I had returned to the UK, within the VWP timescale, so I did not over stay, we realised we felt more than just friends.

We are now getting married later this year in September so I can be back with him, since 2011, I nor he was in a position to visit each other due to a string of plain bad luck.

We are not sure whether to go the CR1 or K1 route, we just want to be with each other not what appears to NE a million miles away, relying on Skype to see each other and Whatsapp on our cell phones.

I realise the CR1 route I can come in a VWP again and as long as I don't overstay and then wait the visa out in the UK, and the K1 I wait it out over there.

Any advise is welcome. Personally we would ideally like the K1 route but in reality it may not be the best option for us.

You can start K1 today IF your 2011 meeting was within 2 years prior to submission and you have some kind of proof. You can visit on VWP while a k1 is in process. You won't have a visa by September, but maybe by Christmas, so can't plan a September wedding. If you married before the visa, then a fiancé visa is no longer possible and you would start over as a spouse. With a K1, you shouldn't plan any wedding in advance. There are too many spots that can delay the process beyond your control.

If you marry in September, then you apply for a spouse visa once you have a valid marriage certificate to submit. CR1 is a good visa because you are a permanent resident as soon as you enter the US on it. Not so with K1.

Edited March 13, 2013 by Nich-Nick

[Greg n Veronica 17]

You can start K1 today IF your 2011 meeting was within 2 years prior to submission and you have some kind of proof. You can visit on VWP while a k1 is in process. You won't have a visa by September, but maybe by Christmas, so can't plan a September wedding. If you married before the visa, then a fiancé visa is no longer possible and you would start over as a spouse. With a K1, you shouldn't plan any wedding in advance. There are too many spots that can delay the process beyond your control.

If you marry in September, then you apply for a spouse visa once you have a valid marriage certificate to submit. CR1 is a good visa because you are a permanent resident as soon as you enter the US on it. Not so with K1.

If you are dead set on getting married in Sept 2013, then wait and file the CR1 after getting married. However, if you don't mind pushing off the wedding till later and like stated above, the 2011 meeting is still within the 2 years requirement at the time of filing the K1. Then file your K1 as soon as you can get everything together.

We wish you all the best no matter which way you both decide to go.

[Firegirl 0]

Thank you all for the advice. From what you have said I feel we may be better on the original CR1 route I had thought.

Does the 2 years get counted from the day I entered on the VWP or the day I left?

[Nich-Nick 3,354]

Thank you all for the advice. From what you have said I feel we may be better on the original CR1 route I had thought.

Does the 2 years get counted from the day I entered on the VWP or the day I left?

As of today, if you were physically present together after March 13, 2011 then you met within the last two years. Let's say you left April 15, 2011. You would have to have your petition submitted before April 15 because that's when your 2 years runs out. There is no requirement like that for CR1 because you will be a spouse and that's a different ball game.

Edited March 13, 2013 by Nich-Nick

[Firegirl 0]

As of today, if you were physically present together after March 13, 2011 then you met within the last two years. Let's say you left April 15, 2011. You would have to have your petition submitted before April 15 because that's when your 2 years runs out. There is no requirement like that for CR1 because you will be a spouse and that's a different ball game.

Ok. I left 3 August 2011. I think the CR1 is the better option from what, you have all said. Thank you :-)

[hikergirl 277]

Here is a comparison chart of the two visas that were discussed above: http://www.visajourney.com/content/compare

To me the CR-1 is a far superior visa but there are a lot of people who go the other way.

Take a look at the chart and what the notes say and ask any questions you have. An informed decision is always best.

Welcome to VJ.

[Firegirl 0]

Here is a comparison chart of the two visas that were discussed

To me the CR-1 is a far superior visa but there are a lot of people who go the other way.

Take a look at the chart and what the notes say and ask any questions you have. An informed decision is always best.

Welcome to VJ.

Awesome link hikergirl. Thanks. Will talk with my better half and see what he says.

[TBoneTX 47,580]

*** Thread moved from CR-1 Process forum to General Immigration Discussion -- OP is contemplating visa paths. ***