Previous USCIS work petition denied. Effect on future K1 Visa

[milimelo 4,236]

6 hours ago, TNJ17 said:

I haven’t heard of anyone who’s filed for CR1 that got their visa in hand in 10 months or less or gotten their NOA2 in 2-3 months unless they had it expedited. CR1 is better, sure that I believe. But no way is it faster. 

You're looking at it wrong. Even with the wait time CR-1 trumps K-1. Why? Because LPR right after POE and after conditions are lifted 3 yrs later from arrival can be a USC. Can work and travel outside the US right away. 

 

K-1 on the other hand at least 6-12 months to become an LPR (could even be longer) and then additional 3 yrs to citizenship (with ROC) in between. Can't work until EAD in hand or travel without AP. 

[geowrian 22,336]

45 minutes ago, OlayemiLoray said:

Well I know of someone, so let me give you the breakdown: Filed petition (CR1) March 6, 2017, received NOA one week later, NOA2 came June, Interview November 14th, and husband got here December 2017..You asked what country? Lagos, Nigeria...Yes, you read it right, Nigeria..Case wasn't expedited either, so it is very well possible to get approved 10 months or less on a CR1...OP just do what you think is the better option for you..Wishing you well on your journey...

Yes, it's absolutely possible. But it's far from the norm and not a reasonable expectation for any individual case.

Edited January 11, 2018 by geowrian

[OlayemiLoray 172]

I agree to some extent that it may not be norm and not speaking for all CR1's, but it was said that it's not heard of on anyone getting their visa in their hand in 10 months or less, but I have and used that as an example...Thank you...

Edited January 11, 2018 by OlayemiLoray

[TNJ17 1,329]

9 hours ago, milimelo said:

You're looking at it wrong. Even with the wait time CR-1 trumps K-1. Why? Because LPR right after POE and after conditions are lifted 3 yrs later from arrival can be a USC. Can work and travel outside the US right away. 

 

K-1 on the other hand at least 6-12 months to become an LPR (could even be longer) and then additional 3 yrs to citizenship (with ROC) in between. Can't work until EAD in hand or travel without AP. 

I never said CR1/IR1 wasn’t better. It is better. But it’s just not faster to be together. And that’s what they asked. 

[yuna628 9,540]

Everyone has their own opinion about if a K1 or a CR-1 is better. But it needs to be up to the individual and their unique circumstances. We had significant savings, a stable place to live, transportation, and health insurance which held us over during the period between marriage and AOS. Many couples, it seems, do not have these things and have no idea how important they are, when they take the leap. Yes, waiting for an EAD was difficult for him, and even after having the EAD, no employers cared to bite until he received the green card. A green card too does not guarantee they will find easy job openings, or jobs that can support themselves properly either. However, at least we were together for a period of time, before getting into the daily grind of working.

 

For a CR-1 complications can arise for UKCs, because they need to marry first. A UKC cannot just go and get married to a foreign fiancé in the UK without filing immigration paperwork and qualifying under various requirements. Marriage does not work the same way there, as it does here. And the requirements that are for a good chunk of the population they may not qualify for depending on circumstances. If they don't qualify, that ultimately means, the marriage must be conducted in the USA and then they return back home. In either case it requires planning on the couple's part, and ensuring they have good evidence to submit.

[Owenhughes22 6]

Thank you all for your help with this!

 

I am here in the USA on the VWP right now. we are just figuring it all out and what is best between the K1 and the CR1. We got engaged on Saturday!!!

 

Whats a realistic timeline for the CR1 and the K1 as of right now do you think? 

 

The Adjustment of Status isn't as large an issue for us as I know lots of people in the area who i can spend time with and volunteer at the church etc. Also living arrangements are easier here for us as we have friends with Annexes or extensions who have offered to help us out until I can work. 

 

Would love to hear some thoughts as to best way to go as we want to start the petition ASAP so we can hopefully Marry by the end of the year. that is the goal anyway. 

 

Thank you all!