Jump to content
ScorpioSun

Advice needed re K-1 vs CR-1 and work visas

 Share

14 posts in this topic

Recommended Posts

This is my first foray into the site so the usual "hope I'm in the right place" disclaimer applies. I've googled around and cannot find much in the way of solid advice on this front, and would ideally like to seek legal advice once I've saved up some more cash, but hopefully people here with experience might be able to help.

 

In short, I am a UK citizen who met a girl in California online 5 years back (April 2013), and 6 months ago (September 2017) we realised we had feelings for each other & decided to get together. She came to England in November, and I visited her twice after, once in December/Jan, and again in Feb - all 3 visits lasting around a week. We've decided that we want to marry and live in the US. We got engaged during the Feb visit too, so there is plenty of evidence we're a genuine couple. The most obvious course would normally be to get started with the K-1 process and get me over there ASAP.

 

However!

 

She is currently out of work and having to live with her mom, who is moving cities soon (possibly April, but it's unknown at the moment). So not only does she not have the required minimum income, but she also doesn't have her own place, and has no real idea when she will regain her financial independence & be in a position to marry. I've read about self-sponsorship, and have a few grand stashed away in savings, but there's still the practical issue of her not having her own place.

 

Although this is a long shot, since I don't have a degree, I do have over 5 years of employed experience with a lot of wanted web development skills (my skillset is actually much more varied and relevant than many other web developers / designers) so I have wondered about applying for jobs over there just to be close to her, since regular visits are clashing with my job here and costing a lot of money. But I'm also guessing that going over on a temporary work visa and then marrying might be viewed as visa fraud, even though (or even because) we have a bona fide relationship. So as far as I see, our options are:

 

  1. Wait until she's financially stable and then apply for the K-1 (risk-free but potentially a very long wait, and I can't work straight away once approved)
  2. I attempt to find work over there on a non-immigrant visa, and then we marry once she's financially stable, and she files for a CR-1 (potential visa fraud since we're already engaged?)
  3. She comes to the UK to marry during a "normal" visit, and files for a CR-1 when back home (presumably I can at least start working as soon as I'm over there once approved, but living arrangements might get complicated)

 

I realise none of this is a particularly quick process, but like most couples I am simply looking for the quickest (or the least slow) way of being close to her with the eventual intent of becoming a US citizen - essentially just being able to go over, work, marry her, and live together.

 

I've read conflicting information about which is quickest between K-1 and CR-1, and what the laws actually allow regarding "intent" and marrying. Also I'm basing my above 3 options on what I've gathered from forums like this and other sources online, rather than personal experiences or expert advice. So any clarification or help would be hugely appreciated by the two of us at the moment!

Link to comment
Share on other sites

CR1 visa is for those outside the country wanting to come over to join their spouse, doing in country is called AOS and is a similar process to that which k1 visa holders are required to do once they get married minus one form.

 

CR1 and AOS have the same sponsorship requirements as the k1 so doesn’t really help unless you are 

 

Work visas require you to have an employer wanting to sponsor you before you can get the visa, most require a degree and potentially proving they can’t find an American citizen or resident to do it. So are very tough to get. Unlike Australia and New Zealand you can’t get a work visa and then find an employer.

 

You could try try for a J1 but again need an American company or organization to sponsor you.

 

I would recommend that you go for the spousal visa and see if you can find someone to be a co sponsor, the reason I say this is that it means you are a resident as soon as you enter on the visa so you can work sooner. 

 

Note that in order to come over to the UK and marry she has to apply for a marriage visitor visa. https://www.gov.uk/marriage-visa This would not allow her to stay in the UK, that is a different process, but allows her to marry you in the UK.

 

As you said you have a job but she doesn’t doing it this way round makes more sense and allows you to continue to earn right up until when you leave for the US.

 

Self sponsoring with assets requires 3 times the poverty level so you would need assets of $60900. 

 

Going over on VWP or a visitor visa with the intent of adjusting and staying is fraud. Some non immigrant visas ( certain work visas and technically the k1 is a non immigrant with duel intent) are dual intent so can be used with the intent of adjusting. It isn’t the coming over and marrying that’s the issue it’s the staying part. 

 

Is there any particular reason why she doesn’t know when she might become financially independent again, what’s holding her back? 

Edited by Illiria

K-1 Met:2002 Dating :2003 I-129F Sent : 2013-06-01 I-129F NOA2 : 2013-08-20 Medical: 2013-12-20 Interview Date : 2014-01-22 POE: 2014-02-19 Wedding: 2014-03-18

AOS/EAD Date Filed : 2014-04-04 BioAppt: 2014-05-13 EAD in Production: 2014-07-08 Interview date: 2014-07-14 Green Card received: 2014-07-19

ROC Date Filed: 2016-04-26 Cheque Cashed: 2016-05-10 NOA1: 2016-04-28 Biometrics: 2016-06-30 Approved: 11-08-2016 Green Card Received: 11-18-2016

 

Citizenship Date Filed: 2017-04-18 Cheque Cashed: 2017-04-24- NOA1:2017-04-21  Biometrics: 2017-05-19 Inline: 2017-07-12 Interview Date: 2018-02-13 Oath: 2018-03-15

Link to comment
Share on other sites

Thank for the pointers & quick reply - yes that's pretty much what I suspected.

 

As for work, I agree it's a long shot but as far as UK employers are concerned, my experience seems to be worth as much as a degree (it's how I got my current job & have been offered others). I did wonder if I could just apply for jobs in CA & hope to find an employer willing to sponsor me, which I figured I might as well try since I won't lose anything, but the only concern is whether this would be viewed as fraud since I would indeed be intending to marry and naturalise at some point while over there.

Link to comment
Share on other sites

12 minutes ago, ScorpioSun said:

Thank for the pointers & quick reply - yes that's pretty much what I suspected.

 

As for work, I agree it's a long shot but as far as UK employers are concerned, my experience seems to be worth as much as a degree (it's how I got my current job & have been offered others). I did wonder if I could just apply for jobs in CA & hope to find an employer willing to sponsor me, which I figured I might as well try since I won't lose anything, but the only concern is whether this would be viewed as fraud since I would indeed be intending to marry and naturalise at some point while over there.

It isn’t really a question of if the employer will consider your experience as equivalent to a degree but if USCIS will, but that would be up to the lawyer for the employer who wants to hire you to sort out. If you went this route you are at the will of the employer and their lawyer, you wouldn’t be handling your application but they would.

 

I would think that if you got a visa through the employer, came over, immediately left the company, and then applied for the green card it would look like fraudulent use of a visa to get around immigration processes (need for a sponsor) but if you stayed with the company it would be ok.

 

Does the company you work for currently have a US presence as well as one in the UK? Have you worked for them for more than one year? Do you have specialized knowledge? Would they be willing to do an intra company move via an L1? 

 

The plan to to find an employer, find one that will sponsor you, get them to sponsor you, process the visa might well take as long as it would take for your fiancée to find a job making the minimum required.

 

Note that she only has to have that job by the time you interview for the visa not at the time of filing the fiancé petition or in the case of the spousal visa has to have it by the time it gets to nvc. So you do have some time.

 

Also she doesn’t have to have her own place in order to sponsor you, a lot on here come over and live with the in laws for a few months to years until they get on their feet.

 

I advise going onto the USCIS website and read up about every kind of visa and what they require

Edited by Illiria

K-1 Met:2002 Dating :2003 I-129F Sent : 2013-06-01 I-129F NOA2 : 2013-08-20 Medical: 2013-12-20 Interview Date : 2014-01-22 POE: 2014-02-19 Wedding: 2014-03-18

AOS/EAD Date Filed : 2014-04-04 BioAppt: 2014-05-13 EAD in Production: 2014-07-08 Interview date: 2014-07-14 Green Card received: 2014-07-19

ROC Date Filed: 2016-04-26 Cheque Cashed: 2016-05-10 NOA1: 2016-04-28 Biometrics: 2016-06-30 Approved: 11-08-2016 Green Card Received: 11-18-2016

 

Citizenship Date Filed: 2017-04-18 Cheque Cashed: 2017-04-24- NOA1:2017-04-21  Biometrics: 2017-05-19 Inline: 2017-07-12 Interview Date: 2018-02-13 Oath: 2018-03-15

Link to comment
Share on other sites

Cool that's actually very helpful.

 

Unfortunately I work for a medium sized company that only has one office here in the UK, but I've been employed there for five years (based on the strength of previous 5 years' self-employed experience / skills). Without getting into nerdy details my skillset is  relatively specialised - not just generic development skills but specific technologies and their applications that are in fairly hot demand right now.

 

If I did manage to find an employer over there I would indeed intend to stay with them, as I'd be looking for that line of work anyway if I got over on a fiance or spouse visa, so maybe that's an option after all.

 

I'll be talking to her tomorrow so I'll get her input on her situation too.

 

Thanks again.

Link to comment
Share on other sites

Filed: Citizen (apr) Country: England
Timeline
58 minutes ago, ScorpioSun said:

Wait until she's financially stable and then apply for the K-1 (risk-free but potentially a very long wait, and I can't work straight away once approved)

She can have somebody else sponsor you. You can sponsor yourself but not with a couple of grand. Also not $60k as stated earlier. For K1 in London, the amount isn't set. I would guess $25-30k would work.  It's okay to live with her mum. But that would kind of suck so not the greatest way to start off the marriage. Benefit is you can start paperwork now and arrive sooner. Drawback is having to get approved to work (at least four months). If you found a job, you could ask for expedite based on having an offer. I chose K1 because I couldn't marry right away but could start the process and by the time finished would be sorted to marry. Otherwise would have had to wait 6 months, marry, then wait a year on the visa. Working immediately wasn't a concern like it is for you.

 

32 minutes ago, Illiria said:

I would think that if you got a visa through the employer, came over, immediately left the company, and then applied for the green card it would look like fraudulent use of a visa to get around immigration processes (need for a sponsor) but if you stayed with the company it would be ok.

That really isn't an easy option for you for many more reasons than I want to elaborate. I would dump that notion.

 

1 hour ago, ScorpioSun said:

She comes to the UK to marry during a "normal" visit, and files for a CR-1 when back home (presumably I can at least start working as soon as I'm over there once approved, but living arrangements might get complicated)

Or you go to the US and marry on a normal visit. You can do that using VWP. She can have somebody else sponsor you. You can live with mum. Kinda sucks. It takes longer because everything you need for a greencard is getting processsed before you get the visa. Advantage is you keep earning and saving and have a greencard upon arrival. 

 

General marital advice: It sucks to be poor. If she had a job and an apartment you would have a better shot at marital bliss. Maybe she would be motivated if she knew wedding bells were possible as soon as she was working. It won't kill you to wait. K1 will be painful if you have to live with some inlaw, can't work, can't get a driver's license....extreme boredom for at least four months.

 

You will need some savings just to pay the basic fees and this is DIY without a lawyer.

 

K1 fiancé basic fees

$535 Fiancé Petition (USCIS)

£45 police certificate (ACRO)

£300 medical (Knightsbridge) pay at the appointment

$265 visa fee (Dept of State/Embassy) pay online 

$30 or $0 (Courier) home delivery or pick up at depot

-Enter USA and marry-

$1225 AOS/EAD/AP (USCIS)

 

IR1/CR1 spouse basic fees

$535 Spouse Petition (USCIS)

$325 visa fee (NVC)

$120 affidavit of support review (NVC)

£45 police certificate (ACRO)

£300 medical (Knightsbridge) pay at the appointment

$30 or $0 (Courier) home delivery or pick up at depot

$165 Immigrant fee (USCIS ELIS)

 

The cost difference is $880 more for a fiancé visa.

 

Link to comment
Share on other sites

5 hours ago, Wuozopo said:

That really isn't an easy option for you for many more reasons than I want to elaborate. I would dump that notion.

 

You were quoting me in this, I am not the OP and I was pointing out the pitfalls in the work visa process.

 

5 hours ago, Wuozopo said:

You can sponsor yourself but not with a couple of grand. Also not $60k as stated earlier. For K1 in London, the amount isn't set. I would guess $25-30k would work.  

Where did you get this? can you share the link as the official requirements is three times the poverty level when using assets.

K-1 Met:2002 Dating :2003 I-129F Sent : 2013-06-01 I-129F NOA2 : 2013-08-20 Medical: 2013-12-20 Interview Date : 2014-01-22 POE: 2014-02-19 Wedding: 2014-03-18

AOS/EAD Date Filed : 2014-04-04 BioAppt: 2014-05-13 EAD in Production: 2014-07-08 Interview date: 2014-07-14 Green Card received: 2014-07-19

ROC Date Filed: 2016-04-26 Cheque Cashed: 2016-05-10 NOA1: 2016-04-28 Biometrics: 2016-06-30 Approved: 11-08-2016 Green Card Received: 11-18-2016

 

Citizenship Date Filed: 2017-04-18 Cheque Cashed: 2017-04-24- NOA1:2017-04-21  Biometrics: 2017-05-19 Inline: 2017-07-12 Interview Date: 2018-02-13 Oath: 2018-03-15

Link to comment
Share on other sites

Filed: Citizen (apr) Country: England
Timeline
11 hours ago, Illiria said:

You were quoting me in this, I am not the OP and I was pointing out the pitfalls in the work visa process.

Sorry I had meant to pick up the quote from the OP's #2. Mistake.

 

11 hours ago, Illiria said:

Where did you get this? can you share the link as the official requirements is three times the poverty level when using assets

From 10 years of reading London experiences in the UK forum where K1s have given anecdotal evidence of what they personally provided for self sponsorship. Some like Boiler claim it is very low but does not say an amount. I have never seen a first hand report of less than around $30k except for the case where the applicant had $8k cash, continuing income from apps still selling in the App Store (Apple), and the American fiancé had a very small income. The FAM says little about the I-134 and never mentions a specific amount to satisfy the public charge topic. It mostly covers the stricter specifics for an I-864 which is 3x the shortfall.  But since the OP has only a few thousand, none of this will be particularly useful to him anyway. 

Link to comment
Share on other sites

19 hours ago, Wuozopo said:

That really isn't an easy option for you for many more reasons than I want to elaborate. I would dump that notion.

You said you don't want to elaborate, but are you saying this isn't worth doing simply because it's more a difficult or longer route than the fiance / spouse visas? Or because there might be legal complications or conflicts with marrying once over there?

Link to comment
Share on other sites

*~*~*moved from "K-1 fiancé visa process and procedures" to "what visa do I need?"*~*~*

 

OP, in almost all cases where the immigrant is of working age and from a VWP country I would say the CR-1 is the better option. You don't have to get married in the U.K. You can get married whilst visiting, return home and complete the paperwork and await your visa. That's what we did. Or you could get married on a cruise ship, in the Caribbean, on a beach, in a castle, wherever you want....

 

Entering the country as a tourist with the intention of staying is fraud. Don't even think of it. Entering the country with the intention of getting married and going home again is perfectly fine. 

 

The reasons I say the CR-1 is your best bet:

- it's cheaper overall

- you can work immediately (sounds like finances are somewhat tight so being able to work right away is an advantage) - this is also good in terms of helping you to settle, make friends and for your overall career development and progression. Being out of work for many months is not good in many professions where you can be "left behind" by being out of touch for so long. I came here on an IR-1 and I was working within 2 weeks. If I had been out of work for 4 months it would have "cost" us $24,000! based on my salary. Also my employer provides health insurance at no cost to me. Had I been out of work for several months I would have had to pay hundreds a month out of my own pocket - how, with no income?

- you can travel overseas immediately

- you have full status immediately (you are a green card holder the minute you pass through the immigration hall at the airport)

 

Many people are drawn to the K-1 because they see and hear that it's "quicker". But we are talking about 2 months quicker. Not years quicker. In some cases it's proving to be slower right now. And it's only quicker in terms of getting your feet on the soil here. It's slower to a green card and citizenship so what's 2 months when you have decades ahead of you together? 

 

You can visit during the process using the VWP. 

 

Work visas are much harder to get than you think. Especially when you want to limit yourself to your girlfriend's home town and immediate vicinity. The H1B is oversubscribed at a rate of 4 to 1 (for every 4 applicants only 1 will get a visa not because the others don't qualify but purely because there aren't enough available for everyone who wants them). It costs an employer thousands in legal fees etc to bring in a worker from overseas which is why the visas are so rare. As already mentioned, it's not like Australia where you can apply for a work visa and then go looking for a job when you get there. I would leave the work visa scramble for those with no other option. You have a much more secure path. There are no limits on the visas available for fiances and spouses. Assuming the relationship is genuine, and you meet the health and moral character requirements, you will get your visa. 

 

In my opinion, the K-1 is just a massively overpriced tourist visa that allows you to stay beyond the usual 90 days if you marry in a country determined by the government, within a timeframe determined by the government, and by paying another $1225 to the government after the wedding for the privilege. And even after all that you have to wait many months before the government will consider you worthy of being able to work, and almost a year before they will let you have a green card. I've tried for years but I still don't see the attraction. 

 

 

Edited by JFH

Timeline in brief:

Married: September 27, 2014

I-130 filed: February 5, 2016

NOA1: February 8, 2016 Nebraska

NOA2: July 21, 2016

Interview: December 6, 2016 London

POE: December 19, 2016 Las Vegas

N-400 filed: September 30, 2019

Interview: March 22, 2021 Seattle

Oath: March 22, 2021 COVID-style same-day oath

 

Now a US citizen!

Link to comment
Share on other sites

19 hours ago, Wuozopo said:

 

 

$165 Immigrant fee (USCIS ELIS)

 

It's $220 now but that still makes the fiancé option several hundred dollars more - aside from the lost wages issue. 

Timeline in brief:

Married: September 27, 2014

I-130 filed: February 5, 2016

NOA1: February 8, 2016 Nebraska

NOA2: July 21, 2016

Interview: December 6, 2016 London

POE: December 19, 2016 Las Vegas

N-400 filed: September 30, 2019

Interview: March 22, 2021 Seattle

Oath: March 22, 2021 COVID-style same-day oath

 

Now a US citizen!

Link to comment
Share on other sites

Filed: Citizen (apr) Country: England
Timeline
53 minutes ago, JFH said:

It's $220 now but that still makes the fiancé option several hundred dollars more - aside from the lost wages issue. 

Thanks. Will edit my notepad list.

Link to comment
Share on other sites

Filed: Citizen (apr) Country: England
Timeline
1 hour ago, ScorpioSun said:

You said you don't want to elaborate, but are you saying this isn't worth doing simply because it's more a difficult or longer route than the fiance / spouse visas? Or because there might be legal complications or conflicts with marrying once over there?

Nothing to do with marrying. I just couldn't be bothered to take the time to explain H-1b oversubscribed and applications open about April 1 each year and they basically are "sold out" of how many they offer on the first day.  And documented certification that your skills are so special that there is nobody in the US who could fill that job. Or maybe if you had a PhD. 

Edited by Wuozopo
Link to comment
Share on other sites

16 hours ago, Wuozopo said:

H-1b oversubscribed and applications open about April 1 each year and they basically are "sold out" of how many they offer on the first day.  And documented certification that your skills are so special that there is nobody in the US who could fill that job

That's pretty much what I suspected, I figured the work route was a long shot. Thanks for all your input, and JFH & Illiria. I actually have extended family in the US, so I'll be quizzing them too, but the details are a whole lot clearer now thanks to you guys.

Link to comment
Share on other sites

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...