K1 vs IR-1 / CR-1 - Advise Needed

[AJ6 0]

My fiancé and I have been in a continuous relationship since 2011. We have travelled to each other’s countries many times, met each other’s family and have become committed to a life together here in the US. We have decided to marry and our current plan is that she will enter the US on her B2 Visa, we will marry, she will return home to her native country of Malaysia and we will then begin the process of filing the IR-1 / CR-1. She also has a son that would immigrate with her.

I've read many views regarding this and am still uncertain if this path is best. We could do the K1 but thought it best to move forward with the IR-1 / CR-1. Any advise is appreciated.

[Pitaya 2,576]

~Moved from IR1/CR1 Progress to What Visa Do I Need Forum~

~Inquiry about spouse vs. fiancee visas~

[Ning 619]

My fiancé and I have been in a continuous relationship since 2011. We have travelled to each other’s countries many times, met each other’s family and have become committed to a life together here in the US. We have decided to marry and our current plan is that she will enter the US on her B2 Visa, we will marry, she will return home to her native country of Malaysia and we will then begin the process of filing the IR-1 / CR-1. She also has a son that would immigrate with her.

I've read many views regarding this and am still uncertain if this path is best. We could do the K1 but thought it best to move forward with the IR-1 / CR-1. Any advise is appreciated.

Your decision is already made. Just follow the plan you state here and she will be granted a CR 1 visa. You can not marry her and then file for the K 1 anyway.

This visa will result in a green card for her sooner. She can begin preparing herself for working in the USA ect at anytime. It eliminates most of the relationship questions.

Her son will need a visa as well of course. The mother will need the required bio fathers permission or a court order of sole custody. Make sure you check with embassy to verify exactly what they require.

[Ivy. 113]

If you plan to marry her in the US, then start the process, you need CR-1/IR-1. I would generally advocate for that as well, but lately it looks like K-1 are much faster. You could look into that, too, but you would have to change your current plans.

Her son can follow either way.

[AJ6 0]

Your decision is already made. Just follow the plan you state here and she will be granted a CR 1 visa. You can not marry her and then file for the K 1 anyway.

This visa will result in a green card for her sooner. She can begin preparing herself for working in the USA ect at anytime. It eliminates most of the relationship questions.

Her son will need a visa as well of course. The mother will need the required bio fathers permission or a court order of sole custody. Make sure you check with embassy to verify exactly what they require.

If you plan to marry her in the US, then start the process, you need CR-1/IR-1. I would generally advocate for that as well, but lately it looks like K-1 are much faster. You could look into that, too, but you would have to change your current plans.

Her son can follow either way.

Hi Ning and Ivy, Thank you for your replies. We certainly would like to be together as soon as possible. However, my fiancé is fully employed, her son in school so being mindful to allow for sufficient time / consideration to get her affairs in order seems to fit well with the CR-1/IR-1 where she would have 6 months, upon approval, to enter the US.

~Moved from IR1/CR1 Progress to What Visa Do I Need Forum~

~Inquiry about spouse vs. fiancee visas~

Thank you A&B for moving this to the correct forum.

[AJ6 0]

One area of concern remains. That's the requirement for "Evidence of Bonifide Marriage". Given our path we would be able to offer no such proof beyond evidence of our relationship and marriage. Would this present concern?

[Ryan H 3,790]

One area of concern remains. That's the requirement for "Evidence of Bonifide Marriage". Given our path we would be able to offer no such proof beyond evidence of our relationship and marriage. Would this present concern?

If you are talking about things like joint bank accounts, leases, property, etc., then don't worry. Such items are not required and USCIS as well as the State Department would not expect a couple living apart in separate countries to have such items. When gathering evidence start with evidence of time spend together in person, that will always be your strongest evidence.

[AJ6 0]

If you are talking about things like joint bank accounts, leases, property, etc., then don't worry. Such items are not required and USCIS as well as the State Department would not expect a couple living apart in separate countries to have such items. When gathering evidence start with evidence of time spend together in person, that will always be your strongest evidence.

Hi Ryan, Thank you for your reply and example.

[Ninalondon 0]

Hi there,

I lived and worked in the US for almost three years, under a J1 and H1b work visa - which I suppose is only relevant in that I met my partner there, and I also have an SSN already. I moved back to London for work and we are now engaged and looking to begin the marriage visa process. My question is - we have been assuming the K1 visa is the best option, after which we will get married in the US - but will it in fact be quicker to get married in the UK whilst he is visiting and then apply for a CR1? It's perhaps worth mentioning that he is both a US citizen and the holder of an Irish passport.

Any advice would be very much appreciated - our main concern is time (we would love to be back together in the US by the end of this year ideally) and to a lesser extent cost.

Thanks,

Nina

[ChicagoSarah 127]

You'll probably find this post helpful: http://www.visajourney.com/content/compare

Both have their pros and cons, and it's up to you both and what fits in best with your timeline/budget/work plans.

[Ning 619]

One area of concern remains. That's the requirement for "Evidence of Bonifide Marriage". Given our path we would be able to offer no such proof beyond evidence of our relationship and marriage. Would this present concern?

In your case the plain simple truth along with the marriage cert should be all you need. Any other ties are good of course. Ours was similar to yours in these respects. I explained how a series of events lead to me being at the interview. There were no further questions really.

[AJ6 0]

In your case the plain simple truth along with the marriage cert should be all you need. Any other ties are good of course. Ours was similar to yours in these respects. I explained how a series of events lead to me being at the interview. There were no further questions really.

Thank you Ning.

[TBoneTX 43,058]

*** Thread moved from K-1 Process forum to the "What Visa Do I Need" forum. ***

[relativeways 27]

Hi Ning and Ivy, Thank you for your replies. We certainly would like to be together as soon as possible. However, my fiancé is fully employed, her son in school so being mindful to allow for sufficient time / consideration to get her affairs in order seems to fit well with the CR-1/IR-1 where she would have 6 months, upon approval, to enter the US.

Thank you A&B for moving this to the correct forum.

Hi there - just a note on this, K1 AND CR-1 visas both have the 6 month upon approval to enter. K1s are (generally) faster, because you don't get the green card straight away (you have to marry when you enter the US and it is conditioned upon that). Whereas CR1, though take longer, will have a green card at a faster rate when you enter.

[*HappyInlove* 6]

I heard mostly from people that K1 is much faster route