First post - Questions about K-1 vs. IR-1/CR-1

[yuna628 9,547]

 Filing any petition is very straightforward and is easily done by studying the guides here which will give you a clear picture of what to send with an application, asking questions when needed, and going over the petition instruction sheet carefully. Lawyer will not be needed, unless there is something in the case history that will be very complex.

 

There are two ways to go about this: 1) You file for the K1. It will take a shorter amount of time (though it is taking longer than it used to be). BUT the biggest obstacle to a lot of couples is the fact, that once everything is done and granted and you marry - the new spouse will be unable to work or travel until authorized. Adjustment of status must be filed as soon as possible after the marriage, with additional forms that provide temporary authorization for this, while you wait for the application to be complete. The temporary stuff usually arrives within 120 days, but this in some cases can be longer these days. The green card arrives within a year. I only recommend this process, having gone through it myself, to those couples who are a) unable to marry in either country, b) do not mind waiting stateside without having employment, and c) have significant savings to see one through. I also recommend the American spouse take all steps to sort out additional issues such as obtaining an SSN sooner rather than later for the fiance/spouse, and health insurance. K1s also cannot expect to plan out a wedding in the way a lot of couples dream of doing. Most only go to the courthouse, and have the 'other one' later. Though we certainly did to a degree (and boy was it complicated) and managed to have a full small wedding in our limited timeframe.

 

2) If marrying is an option, then marrying in her country and filing for a spousal visa is fine. If she is able to visit you stateside, you can certainly also marry here, provided she returns home afterwards. A spousal visa is then filed. This takes a longer period of time to obtain than the K1, but the plus side to this is it is overall cheaper in fees and once everything is complete - the individual already has a green card. I'd recommend this to those who have foreign fiancés with stable career paths abroad and want to continue that in a more prompt fashion in the US. There is, of course, never any guarantee that the foreign spouse will find employment in the US immediately even with the green card. I did find though that employers were more willing to give my husband a chance once he had obtained his green card, than when he had his perfectly legal temporary document (EAD).

 

ALL K1s go to California Service Center. There is no fast track way to get around this. There is no particular order to how they will process it. You can expect to be frustrated and at their mercy. Neither have a higher risk of being denied. It will be unique to the couple and their background history. Is there a history of criminal activity? Drugs? Prior divorces or complicated name changes? Will they request additional evidence? There can be a few other factors, such as the embassy and how fast or difficult they are. Some embassies are more 'notorious' than others. You'd have to study up on anything like that with experiences and reviews on this forum.

 

Back in the day, TSC and CSC handled the K1s. TSC = east coast states. CSC = west coast states. Things slowed to a crawl at TSC, while CSC could see applications completed in a week! It was a mess. A campaign began to implore the President to do something about this. Those efforts seemed to pay off, and eventually a large transfer happened. CSC received a big chunk, and TSC eventually finished off their stuff. They never touched another K1 again thankfully. As being the only one to process K1 cases though, over the next year or two - CSC has slowed down. Whether that is due to the volume of cases, or simply because there is a new administration with policy changes - we don't know. CSC is the center that approved the SB attacker's bare-bones K1 application - and they received some pushback.

 

Best of luck.

[LionessDeon 2,060]

55 minutes ago, John & Rose said:

Excellent information.  I hadn't seen that before.

It's the first item listed in the guides.  It's easy to pass over.  Idk if they have updated the costs but it is still accurately reflective.

[TNJ17 1,329]

There’s no priority for spouses over fiances. There’s no higher risk on one or the other. They’re pretty much the same. K1 is more expensive but gets your fiancé to US soil faster but she will be in limbo without the ability to travel or work for 4-6 months at least. CR1 takes longer but it’s cheaper and you get to work and travel immediately upon arrival. K1 8-10 months. CR1 12-14.  The wait is brutal. It will test your relationship. But if you’re able to visit often I would honestly choose the CR1 route. 

[TNJ17 1,329]

Also might be worth mentioning that if you have a pretty straight forward case, no criminal background, plenty of proof of a bonafide relationship, no deportation, etc there is no need for an attorney. You can do it all yourselves and it if you’re careful when you’re submitting stuff and double check everything don’t forget anything and send everything they need, there shouldn’t be anything that will slow it down more than the regular processing times. 

 

Also so don’t make wedding plans or any other plans until Visa in hand. Not even plane tickets. Or you will live to regret it because you will not be able to get money back and you’ll be so stressed out. Soooooooo many people on this website stupidly make plans then come here to b itch about how the timeline isn’t accurate and they lost all their money and their fiances are so mad. 

[NikLR 13,220]

~~moved to what visa do I need from k1 progress reports~~ 

Edited March 12, 2018 by NikLR

[caliliving 606]

K1 would be 8 to 10 months but then 4 months AFTER you get married.  Some people wait a month to get married so you are looking at a longer time.

 

Also, once you get married, you have to do MORE paperwork.  so 2x the paperwork to get a greencard. 

 

you need to go and get married somewhere and then apply for the CR1 which has a greencard in 12 to 14 months and only 1x the paperwork. 

 

Basically, if you do the K1 she will be in the USA living like a tourist for 4-5 months - she wont be able to work, drive or basically do much! she will be checking the mailbox every day (or updating the USCIS website) in agony waiting for the 'card is in production'. she will have ZERO friends so if you work alot that is tough. She can't really look for jobs bc well, she is in limbo and most companies wont hold on to a job for 4 to 5 months for someone with no date to work.  Also, some companies don't even recognize an EAD.

IMO if she is coming to America to be a stay at home wife, then do the K1.  if she wants to work right away and she wants to drive and have her 'freedom' then do the CR1. 

 

Also, you are visiting her there every month! that is a great thing to be able to do.  next time you are there go get married (assuming you are both free to get married) and then come back and do the paperwork.

 

Another positive is that you can actually PLAN a wedding date with the CR1.  It can be ANYWHERE that she can get a visa to go to (and yourself as well.) so you can plan it for next week or next year and have a set date.  With a K1 you should not plan a wedding date and you have no date to know when you can be married. 

 

Another option, many people get married and dont tell anyone (people have no idea how visas work, trust me! you say she came on a work visa or travel visa.) and then they plan a big wedding later and send out invitations ect.  

Edited March 12, 2018 by caliliving

[JoannaV 173]

16 hours ago, VegasJohn said:

 So I guess what you said, and the processing times, agree with my conclusion that the immigration attorney I spoke with wasn't exactly correct when he said that the CR1 would be a faster route for us than the K1 - because if the goal is to get her to the US and able to work, we're looking at 8-10 months plus 4 months for work permit for the K1 (so 12-14 months), or at 12-14 months for CR1, so either way same amount of time. 

It's unlikely to be exactly the same amount of time,  because you do have a bit of additional time to add in for the K-1. Maybe not much, depends. But once she enters on the K-1 visa you then have to get married and submit the AOS application. That *might* add on a negligible amount of time, if you're able to get married right away. States/counties vary in whether you can get a marriage licence the same-day or have to wait a bit, and you will have to wait to receive the marriage certificate before submitting the AOS application. (Which might mean several weeks in some counties.)

You also need to figure out how likely it is that she might need to travel back to Columbia in those first few months. If she leaves before receiving AP then she would need to start all over again with the CR-1. This is no problem if she doesn't have to leave, but if there is the possibility of family illness or something then you might want to consider whether it's worth the risk.

[Andrea&Henry 311]

Both processes are pretty much the same in terms of documents although the spouse visa has a little more forms, but if you see there is nlt such a huge difference especially because spouses are have not preference over fiances. It depends on your priorities and how you feel about your desicion

 

I will share our case: my husband and I’ve been married for almost 6 years and I came here from Venezuela on a k1 visa. 7 years ago when we applied, the k1 took significantly less time so it was a no brainer. But we also knew the cr1 was by far a more superior visa but:

 

1. That meant getting married and knowing my family, I would never be able to get away with a tiny ceremony without my family so that would take time to plan and money.

2. We couldn’t phantom the idea of being newly weds and spend the 1st half year of our marriage, away from each other. It might sounds ridiculous but for us it was more bereable the idea of being away as a fiances. 

3. And yes, it took me 3 months to get my employment authorization and travel permit and after 1.5 months of being pretty much locked in my house, I was bored to death, but were together. I rather 100000 times to wait for my documents in the comfort of my new home next to my husband. 

 

Some people won’t care any of these aspects because they see the pragmatic side of entering as an spouse or they were already married long before they made the decision to apply.

 

at this point it solely matters what you guys want to do honestly. But boths ways are pretty much the same at this point.

 

My husband and I did all my processes by ourselves using only visa journey! From my k1, the adjustment of status, roc and finally my naturalization and no issues. And we are not lawyers. It looks like a lot but is way more simple than you think

[caliliving 606]

8 minutes ago, Andrea&Henry said:

Both processes are pretty much the same in terms of documents although the spouse visa has a little more forms, but if you see there is nlt such a huge difference especially because spouses are have not preference over fiances. It depends on your priorities and how you feel about your desicion

 

I will share our case: my husband and I’ve been married for almost 6 years and I came here from Venezuela on a k1 visa. 7 years ago when we applied, the k1 took significantly less time so it was a no brainer. But we also knew the cr1 was by far a more superior visa but:

 

1. That meant getting married and knowing my family, I would never be able to get away with a tiny ceremony without my family so that would take time to plan and money.

2. We couldn’t phantom the idea of being newly weds and spend the 1st half year of our marriage, away from each other. It might sounds ridiculous but for us it was more bereable the idea of being away as a fiances. 

3. And yes, it took me 3 months to get my employment authorization and travel permit and after 1.5 months of being pretty much locked in my house, I was bored to death, but were together. I rather 100000 times to wait for my documents in the comfort of my new home next to my husband. 

 

Some people won’t care any of these aspects because they see the pragmatic side of entering as an spouse or they were already married long before they made the decision to apply.

 

at this point it solely matters what you guys want to do honestly. But boths ways are pretty much the same at this point.

 

My husband and I did all my processes by ourselves using only visa journey! From my k1, the adjustment of status, roc and finally my naturalization and no issues. And we are not lawyers. It looks like a lot but is way more simple than you think

you are comparing processing times 8 years ago, when the k1 was MUCH shorter to today.  and also he is able to visit her once a month for a week. also, lots of people have ceremonies and dont tell anyone that they got married and then plan the big wedding for later.  

[Andrea&Henry 311]

4 minutes ago, caliliving said:

you are comparing processing times 8 years ago, when the k1 was MUCH shorter to today.  and also he is able to visit her once a month for a week. also, lots of people have ceremonies and dont tell anyone that they got married and then plan the big wedding for later.  

I’m not comparing, I’m just sharing my experience because I know, I’m very aware of how long is taking now. That’s why I SAID that back then it was a no brainer, but now it doesn’t make much of a difference because both were taking almost the same amount of time. So you need to read first.

 

If he is considering bringing her here is because he might not have the same travel possibilities in a near future or he might just want her here now or in a near future. My now husband visited me almost as often and we still felt it not enough.

 

Colombian families are pretty much like venezuelans, so I honestly don’t think she would get married without her family knowing. And just like in venezuela, a colombian civil wedding ceremony is not as simple as it is in the states. You actually need witnesses for the wedding. She might not care at all and get married behind her family back or with a tiny ceremony but still implies time.

[janet3 1,170]

8 hours ago, TNJ17 said:

There’s no priority for spouses over fiances. There’s no higher risk on one or the other. They’re pretty much the same. K1 is more expensive but gets your fiancé to US soil faster but she will be in limbo without the ability to travel or work for 4-6 months at least. CR1 takes longer but it’s cheaper and you get to work and travel immediately upon arrival. K1 8-10 months. CR1 12-14.  The wait is brutal. It will test your relationship. But if you’re able to visit often I would honestly choose the CR1 route. 

I am going to disagree with this. There is a priority difference. If a cr1 is denied there is an appeal process....if a k1 visa is not granted it is returned to the US to expire (and must be filed again). So, for anyone looking at this thread in the future.....yes, the country  (whether it is considered "high fraud") and the visa choice is important. 

That being said....my fiance (husband now) received his k1 visa in November 2017 and arrived in the US shortly thereafter. We filed for AOS in January and we are still waiting for the EAD and AP.  I will say  (as I have said before)...we chose the wrong visa. In hindsight, I would have definitely went with the cr1. My husband is going a bit stir crazy right now....can't work, can't drive, relies on me for everything. I realize being together is important but so is feeling like part of a team and contributing to a relationship. It truly all depends on what the two of you decide is essential to being happy.

Best wishes for your journey.

[TNJ17 1,329]

3 minutes ago, janet3 said:

I am going to disagree with this. There is a priority difference. If a cr1 is denied there is an appeal process....if a k1 visa is not granted it is returned to the US to expire (and must be filed again). So, for anyone looking at this thread in the future.....yes, the country  (whether it is considered "high fraud") and the visa choice is important. 

That being said....my fiance (husband now) received his k1 visa in November 2017 and arrived in the US shortly thereafter. We filed for AOS in January and we are still waiting for the EAD and AP.  I will say  (as I have said before)...we chose the wrong visa. In hindsight, I would have definitely went with the cr1. My husband is going a bit stir crazy right now....can't work, can't drive, relies on me for everything. I realize being together is important but so is feeling like part of a team and contributing to a relationship. It truly all depends on what the two of you decide is essential to being happy.

Best wishes for your journey.

I mean as in them embassy giving priority to one over the other. Like if they like spouse visas better than fiancé visas. At least that’s what I understood the OP asking. 

Spouse visa is definitely better in the long run but the faster option on k1 is definitely more tempting and that’s why we chose it. Even if it’s just a couple of months. 

[caliliving 606]

5 minutes ago, janet3 said:

I am going to disagree with this. There is a priority difference. If a cr1 is denied there is an appeal process....if a k1 visa is not granted it is returned to the US to expire (and must be filed again). So, for anyone looking at this thread in the future.....yes, the country  (whether it is considered "high fraud") and the visa choice is important. 

That being said....my fiance (husband now) received his k1 visa in November 2017 and arrived in the US shortly thereafter. We filed for AOS in January and we are still waiting for the EAD and AP.  I will say  (as I have said before)...we chose the wrong visa. In hindsight, I would have definitely went with the cr1. My husband is going a bit stir crazy right now....can't work, can't drive, relies on me for everything. I realize being together is important but so is feeling like part of a team and contributing to a relationship. It truly all depends on what the two of you decide is essential to being happy.

Best wishes for your journey.

Correct. 

Except she is a Colombian female. Unlikely and won't be denied. But I think also the point you didn't apply for 2 months is right! Most people do not apply right away. Hell...their are stories about some not applying for years!!!! People don't take this into account.

 

No one comes here and the paperwork is sent the next day...therefore, their is more stress and more paperwork once the fiance is here

[VegasJohn 29]

12 hours ago, John & Rose said:

One other "advantage" of the CR-1 is that it is considerably cheaper than K-1/AOS/EAD/GC.  The timing is a big difference but I am almost 10 months in without an NOA2 so CR-1 would have been cheaper, easier and quicker in my case.  Hindsight is 20/20.  I am stuck now in the K-1 process and it will most likely be longer than the CR-1 if we started it last June.

 

This is the kind of thing that scares me... We were leaning the K-1 route because it would get her to the States faster -- but of course if we are unlucky like you and it takes just as long anyway, and THEN she still can't work and has to wait for the work permit and green card, that would be a nightmare scenario.  Just curious - did you have to complete an RFE or have anything else come up that has delayed your application, that you know of?  Of just simply checking and waiting.  Sorry to hear you've been waiting almost 10 months. I hope you get that NOA2 tomorrow!  Thanks for the reply, and good luck. 

Edited March 13, 2018 by VegasJohn
Posted nothing by mistake

[VegasJohn 29]

OP here -- I'm going to respond directly to a few posts above, but first of all I just wanted to say THANK YOU so much to everyone who has chimed in, shared their insight and experiences, and offered their thoughts. So glad I found this forum! When talking to friends and family about the trade-offs and difficulty of the choices/process, I think after hearing a few sentences they just kind of stare at you blankly and the terms mean nothing to them -- it's so great to interact with so many people who have been through or are going through the process. So, thanks!

 

Many of the comments have really gotten right to the crux of the issue for us -- while we do want her to get to the US as soon as possible... we might be willing to wait a couple extra months on her arrival in order to save the extra fees and avoid the extra waiting period for the work permit and eventually the green card.  However, if the K-1 visa got her here faster it wouldn't be terrible for her to wait the 4 months to get a work permit. I do a lot of my work from home, and have a flexible schedule as the owner of my own law practice, so she wouldn't be stranded alone all day like some of the comments mention. So we are lucky there.  So I guess what we really need to decide is whether we want to go through the hassle of getting married in Colombia when I'm there in 3 weeks from now, or just go ahead right now and submit the K-1 papers. (As one poster mentioned, the civil marriage process in Colombia is a little complicated - I'd need to start getting certified copies of my birth certificate and divorce decreed translated into Spanish by an official translator and get the documents apostilled right now; kind of a pain and some expense there....then get the marriage certificate translated into English by an official translator too), so realistically we probably could not apply for the CR-1 until more like May 1.  More than anything we really just want to be able to live together ASAP, and as soon after the new year as possible.  So I think from what I'm hearing we are probably going to stick with the K-1 process and hope for the best in terms of processing times, and we can get married in the civil courts here in Vegas very quickly (fortunately for us, Las Vegas has kind of perfected the super fast marriage thing down to a science, haha - we'd have our certificate the day we get married and could immediately apply for the green card)....  I just hope I don't end up in some never ending unkown waiting period of a year for the K-1. That would really suck.