K1, K3, or CR1 - Which is the best option?

[erica2012 0]

Hello all!

I'm about to begin my own visa journey with my fiance, and I've read so much different information online, I'm actually not sure where to start.

I'm from the States; he's from Ecuador. I have lived in Ecuador for a year and a half, so we met and dated here. I recently accepted a job in the States for the upcoming school year (July,) and now I have to figure out how to keep my fiance in my life!!

My biggest concern is being together because long distance sounds dreadful, so that leads me to believe the K1 is the best (fastest) option??

However, is it better to be patient and file for the CR1 since he'll actually be able to arrive and work? I don't much care about the wedding ceremony, and we can do it here and now, or we can wait until he's in the States - I'm quite flexible, I just want the best option.

Is there quite a big time difference between a K1 and a CR1? What about a K3? (I read somewhere that they are phasing it out and that CR1 is the better option as far as spousal visas - true?)

Also, can I do all of this from abroad? I'd like to begin the process now to minimize our time apart!!

Any help / advice is appreciated. I want to get started, and I'm just so overwhelmed by the amount of information online to begin!!

[Transborderwife 4,666]

If working is important a cr1 is your best bet. K3 is obsolete ☺️

[TBoneTX 43,413]

Thread is moved from Introducing Our Members forum to the "What Visa Do I Need" forum.

[Dashinka 23,355]

Check out the section TBone moved your thread to. There are many people that ask the same question as they mull over their best option for such an important life choice. The main difference between the K1 and CR1 is that with the CR1 you do the immigration process up front after you get married outside of the US. This way your spouse can niter the US with a GC in hand along with a SSC so there is no need to adjust their status after marriage in the US from a K1. Of course the drawback is that a CR1 process can take quite a bit of time and most people are apart for that period (possibly a year or more). With the K1 you are usually apart for a shorter period assuming a simple case, then your fiancé enters the US with the approved visa, you get married within 90 days, then you file the adjustment application. This way you would be together for the period it takes to adjudicate the AOS, and if you apply for an EAD at the same time, your now spouse can usually get that within 90 days. As stated, the K3 is functionally obsolete, but in reality is still an option that some use, but it, like the K1, requires you to file an adjustment package after arrival. Theoretically, a K3 would be faster than a CR1, but in reality with processing times, they tend to be similar, so most married couples opt for the CR1. So in a nutshell, the K1 is only for a fiancé (not a spouse), and the CR1 and K3 are only for a spouse with the K3 being a non-immigrant visa requiring an adjustment after arrival and a CR1 being an immigrant visa where the adjustment is done up front.

Therefore the real choice is yours to make, do you want to be together faster while you wait for additional steps in the process to run their course (K1), or do you want to wait longer apart, but gain more benefits upon arrival (CR1).

Regardless of your choice, Welcome, and Good Luck!

[JFH 12,189]

. The main difference between the K1 and CR1 is that with the CR1 you do the immigration process up front after you get married outside of the US.

You can also get married in the US and then the foreign spouse returns home while you complete the CR-1 process. You don't have to be married outside of the US to do a CR-1.

[NikLR 13,220]

http://www.visajourney.com/content/compare

[Dashinka 23,355]

You can also get married in the US and then the foreign spouse returns home while you complete the CR-1 process. You don't have to be married outside of the US to do a CR-1.

You are absolutely correct. I forgot to mention that option relative to the CR1.

[wildflower. 0]

On 2/16/2016 at 5:31 PM, Bill & Katya said:

Check out the section TBone moved your thread to. There are many people that ask the same question as they mull over their best option for such an important life choice. The main difference between the K1 and CR1 is that with the CR1 you do the immigration process up front after you get married outside of the US. This way your spouse can niter the US with a GC in hand along with a SSC so there is no need to adjust their status after marriage in the US from a K1. Of course the drawback is that a CR1 process can take quite a bit of time and most people are apart for that period (possibly a year or more). With the K1 you are usually apart for a shorter period assuming a simple case, then your fiancé enters the US with the approved visa, you get married within 90 days, then you file the adjustment application. This way you would be together for the period it takes to adjudicate the AOS, and if you apply for an EAD at the same time, your now spouse can usually get that within 90 days. As stated, the K3 is functionally obsolete, but in reality is still an option that some use, but it, like the K1, requires you to file an adjustment package after arrival. Theoretically, a K3 would be faster than a CR1, but in reality with processing times, they tend to be similar, so most married couples opt for the CR1. So in a nutshell, the K1 is only for a fiancé (not a spouse), and the CR1 and K3 are only for a spouse with the K3 being a non-immigrant visa requiring an adjustment after arrival and a CR1 being an immigrant visa where the adjustment is done up front.

Therefore the real choice is yours to make, do you want to be together faster while you wait for additional steps in the process to run their course (K1), or do you want to wait longer apart, but gain more benefits upon arrival (CR1).

Regardless of your choice, Welcome, and Good Luck!

Hi, I’m just curious why you say that the couple would have to be apart longer when filing for a CR1? My partner and I are considering applying for this visa. I am a US citizen. Would I not be allowed to leave the states during the process? We are ok with the processing time as long as I can go visit him in the meantime!

[Dashinka 23,355]

2 hours ago, wildflower. said:

Hi, I’m just curious why you say that the couple would have to be apart longer when filing for a CR1? My partner and I are considering applying for this visa. I am a US citizen. Would I not be allowed to leave the states during the process? We are ok with the processing time as long as I can go visit him in the meantime!

Sorry, I did not mean to imply that the couple could not visit during the process.  Certainly the US spouse can make trips for visits, or if the foreign spouse has a visitor visa or is from an ESTA country, they can visit as well.  I was just referring to the processing time differences between a K1 and CR1/IR1.  Lately though the K1 processing times have increased which decreases the one perceived advantage of the K1.

 

Good Luck!

Edited February 26, 2018 by Bill & Katya

[TBoneTX 43,413]

Thread from 2016 is now closed to further comment.