K-1 or K-3 IR1/CR1 Visa

[JayMain626 21]

Hi,

Just wondering what peoples general advice would be. Im currently serving in the British army recently proposed to my girlfriend who lives in Detroit Michigan. we are trying to decide what the best route is for us to be together for example should we get married then file for a K-3/ IR1/CR1 visa or apply for a K-1 visa.

Basically what would be the quickest/ best process if we wanted to plan the wedding accurately and time everything.

looking at the general time frames its disheartening with the over 12 months before interviews.

the whole process seems very confusing also during the application for either of the visas could i travel on an esta for a visit or would i not be aloud entry because of my ongoing application.

Many thanks for the reply's

Jamie

[enlijoe 20]

From what I've seen the K-1 route goes about 1 or 2 months faster then the IR1/CR1 route. Trying to get the K-3 visa to be together while the IR1/CR1 is going on does not seam to help much if any for the time it takes. But if you wish to plan a wedding better as K-1 will not give you much room for that I would then go the IR1/CR1 route as with the K-1 you get six months to move to US then 3 months to marry which does not give much time to plan things out.

But with the IR1/CR1 I would not expect to be able to live together for at least a year out if you have not even gotten married yet since you can not even apply for that until you are married.

[enlijoe 20]

Oh also remember if you wish to marry unless you are already in the US you would not be able to do since to come to US with intent to marry while not on a visa that allows that can get very tricky and hold things up too.

[NikLR 13,220]

With either the CR1 or the K1 you can visit using your VWP.

Decide

1) can you live apart after marriage?

2) where do you want to be married?

You can always have a ceremony in the other country or have a formal ceremony after a small informal marriage as well.

K3/cr1/IR1 are not synonymous. K3 is a non-immigrant visa (with immigrant intent) just like the K1. It's multi-entry, requires adjustment of status and is rarely granted due to USCIS and NVC policy.

The CR1 would be your basic conditional resident visa for people who have been married for less than 2 years when they enter the USA. (IR1 is the unconditional green card for those married 2 or more years.) You can work right away and you get a green card upon entry so travel isn't an issue either. But it generally takes longer to do than a K1. With the K1 you have to be married within 90 days of entry. After that you must file an adjustment of status and after filing the AOS you cannot travel outside the USA or work for 2-3 months.

[lost_at_sea 995]

Oh also remember if you wish to marry unless you are already in the US you would not be able to do since to come to US with intent to marry while not on a visa that allows that can get very tricky and hold things up too.

Entering the US on a tourist visa with intent to marry and then go home again is legal. Entering the US as a tourist with intent to marry and then stay (i.e. having immigrant intent) is not okay.

[milimelo 4,245]

Oh also remember if you wish to marry unless you are already in the US you would not be able to do since to come to US with intent to marry while not on a visa that allows that can get very tricky and hold things up too.

Not true. Visitors can get married and leave the country. The problem arises when they come with intention to get married and adjust status (remain in the US).

[NikLR 13,220]

Oh also remember if you wish to marry unless you are already in the US you would not be able to do since to come to US with intent to marry while not on a visa that allows that can get very tricky and hold things up too.

You are incorrect. Anyone can come to the USA with the intent to marry. Viva Las Vegas! What they cannot do is enter the USA with the intent to STAY after marriage in the USA without a K1 visa. It's the staying that isn't allowed, not the marrying.

Edited January 6, 2014 by NLR

[Ontarkie 13,957]

~~Moved to What Visa Do I Need - Family Based Immigration, from IR-1 / CR-1 Spouse Visa Process & Procedures~~

[nobbie 105]

Having gone through the K1 process I now think I ought to have gone the other way. It would have been better to get married in the UK then file for a spousal visa then come to the US when it's all done and get a GC straightway. Pretty sure it's cheaper that way too.

It may take a year for a spouse visa but it took 9 months for a K1 anyway and I am still waiting for EAD and AP although it's been approved I just do not have the bit of paper yet.

My opinion only.

Plus i work offshore and was doing month on month off so we just travelled to see each other every month or so, most people cannot do that.

But yes it is OK to travel on an ESTA while your petition is going through, they know at CBP and it was mentioned to me by the officer once but it was no problem.

[enlijoe 20]

Entering the US on a tourist visa with intent to marry and then go home again is legal. Entering the US as a tourist with intent to marry and then stay (i.e. having immigrant intent) is not okay.

Not true. Visitors can get married and leave the country. The problem arises when they come with intention to get married and adjust status (remain in the US).

You are incorrect. Anyone can come to the USA with the intent to marry. Viva Las Vegas! What they cannot do is enter the USA with the intent to STAY after marriage in the USA without a K1 visa. It's the staying that isn't allowed, not the marrying.

When telling someone they said something incorrect or wrong please make sure you read what they said. I never said it was illegal. I said it can cause problems. If you go to a visa interview and say your visit is to come here to get married you are going to have a difficult time proving you do intend to leave. This is a problem even though what you are doing is legal. Not telling the officer you are coming here to marry when you planned out a wedding is ilegal and will cause more problems even if you do leave latter.

There are may post here about people trying to get a visa to come, marry, then leave because to marry in the eyes of the immigration officer is intent to imigrate unless you do a very good job to prove otherwise. (Issues)

[JayMain626 21]

Thank you so much for the advice, I understand the issue with travelling to get married. I there is surely no reason to not accept you into the country if you have a return ticket what other proof would they require?

[JayMain626 21]

Also would it be frowned upon if we where to get married then file the petition soon after. I know I would not qualify got the IR1 and would have the CR1

[NikLR 13,220]

Oh also remember if you wish to marry unless you are already in the US you would not be able to do since to come to US with intent to marry while not on a visa that allows that can get very tricky and hold things up too.

When telling someone they said something incorrect or wrong please make sure you read what they said. I never said it was illegal. I said it can cause problems. If you go to a visa interview and say your visit is to come here to get married you are going to have a difficult time proving you do intend to leave. This is a problem even though what you are doing is legal. Not telling the officer you are coming here to marry when you planned out a wedding is ilegal and will cause more problems even if you do leave latter.

There are may post here about people trying to get a visa to come, marry, then leave because to marry in the eyes of the immigration officer is intent to imigrate unless you do a very good job to prove otherwise. (Issues)

I re-quoted and underlined the incorrect part. More correctly you could have written "you may not be able to do" vs "you would not be able to do"

Many people come to the USA with the intent to marry here and have NO issues.

As the OP is from a Visa Waiver Program country, he will not have the same issues going to and from the USA as someone from a country who needs a tourist visa like the beneficiary in your case. The rules are not created equally.

[enlijoe 20]

I re-quoted and underlined the incorrect part. More correctly you could have written "you may not be able to do" vs "you would not be able to do"

Many people come to the USA with the intent to marry here and have NO issues.

As the OP is from a Visa Waiver Program country, he will not have the same issues going to and from the USA as someone from a country who needs a tourist visa like the beneficiary in your case. The rules are not created equally.

You are correct I did make an mistake that would have read better as "may not be able to do" I was not trying to say you can't just that it is not easy.

[NikLR 13,220]

Thank you so much for the advice, I understand the issue with travelling to get married. I there is surely no reason to not accept you into the country if you have a return ticket what other proof would they require?

It is a good idea to bring proof of your ties to your country such as a letter from your employer stating when you are due back (letter from your CO would suffice, most likely saying you're British Army with your ID would work as well) as well as any leases, bills, etc... things the average human being doesn't just up and leave behind. Also pack appropriately for your trip. And always be honest, friendly, and polite.

Also would it be frowned upon if we where to get married then file the petition soon after. I know I would not qualify got the IR1 and would have the CR1

Many people file the petition right away. You still need to send some proof of relationship, but as you're from the UK, the bar isn't very high. This is a basic fast guide (with some incorrect forms due at the NVC due to some new changes in the process) but there is a great list at the bottom of ideas for proving a genuine relationship: http://www.visajourney.com/wiki/index.php/EZGuideSpouse