How long will it take to get CR1 approved?

[Jenna T 0]

My daughter's gonna be 18 in April,2018.I'm outside the USA.My fiancee is an America citizen.  Is it better if my fiancee and me get married in my country then he can be my kid's stepfather before my kid gets 18? How long will it take for us to get CR1 approved? Before we get it approved,how can I go to the USA to meet my husband?

[EandH0904 1,184]

Have you already applied for a k1? If yes, when? A cr1 takes 12-14 months to obtain. 

 

You can apply for a visitor visa any time to come visit. 

[geowrian 22,337]

You can marry abroad before she turns 18 to qualify to be petitioned for a CR-2. You can be petitioned as a CR-1. ETA: ~12-14 months on average. You can visit during the process if you have an appropriate visa (i.e. a tourist visa). If you don't have one already, it can be quite difficult to get one with a USC fiance or spouse. Meeting outside the US may be necessary in that case (either in your home country or somewhere else).

[Jenna T 0]

We're preparing to petition for K1k2 visa but not mailed it yet. What's tourist visa? I've been to the USA last month to meet him in person.He'll come to my country next month, we'll get engaged or married. What's different  if we petition for k1k2 visa? I knew it'll only tske about 6 months to get it approved.

[geowrian 22,337]

8 minutes ago, Jenna T said:

We're preparing to petition for K1k2 visa but not mailed it yet. What's tourist visa? I've been to the USA last month to meet him in person.He'll come to my country next month, we'll get engaged or married. What's different  if we petition for k1k2 visa? I knew it'll only tske about 6 months to get it approved.

A K-1 visa is taking 7-9 months on average from filing to interview right now. And it can be longer. And yes, to qualify as a stepchild eligible for an immigrant visa, the marriage must occur before they turn 18.

 

Tourist visa means a B-1/B-2 visa. However, I noticed your profile says Taiwan, so I'm assuming you use an ESTA instead. That's perfectly fine to use to visit (just don't overstay!). Bring evidence of your ties to return home (as always).

Edited October 7, 2017 by geowrian

[Jenna T 0]

Thank you so much. So CR1 visa is a better option for our situation? But I don't know what's different if my daughter becomes my fiancee's stepdaughter after we get married from her on k2 visa?

[geowrian 22,337]

10 minutes ago, Jenna T said:

Thank you so much. So CR1 visa is a better option for our situation? But I don't know what's different if my daughter becomes my fiancee's stepdaughter after we get married from her on k2 visa?

Only you 2 know can know what is better for your situation and what you want. But I'm inclined to point at a CR-1 if you want your child to come right away since the timeline for a K-2 probably won't work due to her age (and the wait to become eligible for an immigrant visa through you would be a few years...and could age out again to a ~8 year wait).

So it would be 1) marriage, 2) start filing for a CR-1 for you, and 3) start filing for a CR-2 for his new stepchild.

 

On the plus side, a CR-1 and CR-2 grant permanent residency immediately after POE. So no need to AOS (making it at least a couple thousand dollars cheaper). You and her can also work or travel abroad right away (no ~4 month wait like on a K-1).

Edited October 7, 2017 by geowrian

[Jenna T 0]

So what's different  about permanent residents from green card holders? If my daughter wants to finish high school or even university in my country. Is it available?

[Nitas_man 3,100]

7 minutes ago, Jenna T said:

So what's different  about permanent residents from green card holders? If my daughter wants to finish high school or even university in my country. Is it available?

https://www.uscis.gov/green-card/after-green-card-granted/rights-and-responsibilities-permanent-resident/rights-and-responsibilities-green-card-holder-permanent-resident

 

Green card holder / PR are interchangable terms and mean the same thing.

 

At the bottom of this link are references to international travel and maintaining residency.  A PR has to be very careful with extended absences from the US for reasons like work or school.  This reference and the links at the bottom are pretty good sources for what has to be done to protect PR status and not lose the green card.

[Jenna T 0]

Thank you for your information and help. I'll check it up soon.

[Jenna T 0]

If we petition for k1k2 visa, after we get married ,how long will it take  to get green card? Does my kid need to go along with me when I leave for the USA?My kid needs to be in the USA when I apply her  I-485?

 

[Ryan H 3,813]

Moved from IR-1/CR-1 Process & Procedures to What Visa Do I Need - Family Based Immigration forum; both fiance and spousal visa processes are being discussed.

[geowrian 22,337]

On 10/7/2017 at 11:05 AM, Jenna T said:

If we petition for k1k2 visa, after we get married ,how long will it take  to get green card? Does my kid need to go along with me when I leave for the USA?My kid needs to be in the USA when I apply her  I-485?

AOS takes anywhere form 4-12+ months depending on service center. Many are taking around 9 months or so. Your kid does not have to join you at any point, but their timeline to join you is considerably extended the later you wait.

• If you do not marry before she turns 18, she is not ever eligible for immigration benefits from your USC spouse.
  • You would need to 1) get a green card, 2) petitioner for her, and 3) wait around 2 years to get through filing through to the visa. ETA: ~2.5-3 years
  • If she turns 21 during this process, then CSPA comes into play where you can "get back" the time spent waiting for the I-130 to process. If her age is still 21 after that calculation, then she falls under F2B and the wait is about 8 years instead of 2.
• If you marry before she turns 18:
  • If she comes within 1 year of your K-1 being issued, she can get a K-2 visa. ETA: a few months
  • If she decides to come after 1 year but before she is 21, your USC spouse can petition her for a CR-2 visa. ETA: ~1 year
  • If she decides to come after turning 21, your USC spouse can petition her under F1 preference (FB-1). ETA: ~8 years