Jump to content
Love-always

Which is a better route the CR-VISA or K-1 VISA ?

31 posts in this topic

Recommended Posts

Hi,

I was wondering which is a better route if your Fiancé lives abroad . Which is faster ? The CR-1 Visa or k-1 Visa ? And if we decide to get married on a whim can we start the paperwork in the US and my fiancé goes back to his country to work ? Or do we have to wait and fill it out while he is abroad ? Any help appreciate, thank you 

 

Edited by Love-always

Share this post


Link to post
Share on other sites

Moved from IR-1/CR-1 Process & Procedures to What Visa Do I Need - Family Based Immigration forum.


Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

 

Share this post


Link to post
Share on other sites
4 minutes ago, Ryan H said:

Moved from IR-1/CR-1 Process & Procedures to What Visa Do I Need - Family Based Immigration forum.

Thank you . If we get married can we file the I-130 paperwork right away while my spouse is in the US ? And can he leave to go to his country to work ? 

Share this post


Link to post
Share on other sites

Which is better depends on your circumstances. The only advantage (besides a rare situation with 18-20 year old children at the time of getting the visa) of the K-1 is it is a few months faster. K-1 is taking ~8-12 months. CR-1 is taking ~12-16 months.

The CR-1 is cheaper, lets you work almost immediately upon entry, lets you travel right away, etc. It also has a way to handle a refusal of the visa with a returned petition versus the K-1 (the I-129F for a K-1 dies if returned).

 

You can file while either, both, or neither of you are in the US for either option. Note there is a section on the I-129F asking for a couple more items if filing while the fiance is in the US.

In either case they would return home after any visit and complete the visa process abroad.

Just now, Love-always said:

Thank you . If we get married can we file the I-130 paperwork right away while my spouse is in the US ? And can he leave to go to his country to work ? 

Yes. Sure he can leave. He can visit again (subject to CBP inspection) too.


Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

10/17/18: Approved

10/24/18: Green card produced

10/31/18: Green card received

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

Share this post


Link to post
Share on other sites

Thank you . Yes I have children 18-20 , my youngest I share custody so I have to stay in the us . I’m thinking CR-1 VISA is best ? My fiancée wants to get a job in the US , as soon as possible and relocate 

I told him he cannot apply for a work permit or work until we are married and he gets a CR-1 VISA or we get the K-1 VISA route 

both are complicated 

also can I use my foreign fiancée income / assets as proof of support ? 

I’m a single mom so I’ll get denied unless I get a joint sponsor 

 

 

Share this post


Link to post
Share on other sites
6 minutes ago, geowrian said:

Which is better depends on your circumstances. The only advantage (besides a rare situation with 18-20 year old children at the time of getting the visa) of the K-1 is it is a few months faster. K-1 is taking ~8-12 months. CR-1 is taking ~12-16 months.

The CR-1 is cheaper, lets you work almost immediately upon entry, lets you travel right away, etc. It also has a way to handle a refusal of the visa with a returned petition versus the K-1 (the I-129F for a K-1 dies if returned).

 

You can file while either, both, or neither of you are in the US for either option. Note there is a section on the I-129F asking for a couple more items if filing while the fiance is in the US.

In either case they would return home after any visit and complete the visa process abroad.

Yes. Sure he can leave. He can visit again (subject to CBP inspection) too.

Thank you . So if we get married we can start the I-130 paperwork right away ? I was worried we needed to wait . 

I think he wants to get started on it while he is with me 

Share this post


Link to post
Share on other sites
5 minutes ago, Love-always said:

Thank you . So if we get married we can start the I-130 paperwork right away ? I was worried we needed to wait . 

I think he wants to get started on it while he is with me 

Also , do you recommend hiring  help or doing the paperwork ourselves? Like hiring a independent immigration attorney or rapid visa? I’m trying to save money if possible 

as this process is expensive. 

So my fiancée cannot apply for I-765 form to get a work permit first I found out so he cannot work here in the US before we get married ? 

Hes not happy about this but I told him we have to do it step by step . And get married first . 

Edited by Love-always

Share this post


Link to post
Share on other sites
9 minutes ago, Love-always said:

Thank you . Yes I have children 18-20 , my youngest I share custody so I have to stay in the us . I’m thinking CR-1 VISA is best ? My fiancée wants to get a job in the US , as soon as possible and relocate 

I told him he cannot apply for a work permit or work until we are married and he gets a CR-1 VISA or we get the K-1 VISA route 

both are complicated 

also can I use my foreign fiancée income / assets as proof of support ? 

I’m a single mom so I’ll get denied unless I get a joint sponsor

Will the children be immigrating with you? If so, the K-1 may be needed. They would still need to be under 21 by the time of coming to the US, but otherwise they are fine with a K-2 visa.

If you do a CR-1 visa, the petitioner (US citizen) cannot petition for the stepchildren since they would be 18 or older on the date of marriage. They would need to be petitioned by the biological parent after getting a green card...and then it would take another either 2 years or 7-10 year from that, depending on if they age out into F2B category.

 

One major drawback of a K-1 is that you must marry within 90 days of entry and then file for AOS to get a green card. You can also file for AP (to travel abroad and return) and an EAD (to work) alongside AOS. But those are taking ~4-6 months to obtain. So he won't be able to work for likely 4-6 months even if you married on day of entry into the US.

 

Your fiance's income can only be used if it will continue from the same source (i.e. same exact job with the same company) upon coming to the US. His assets can be included, but note that assets need to be at least 3x the required income level.

 

7 minutes ago, Love-always said:

Thank you . So if we get married we can start the I-130 paperwork right away ? I was worried we needed to wait . 

I think he wants to get started on it while he is with me 

Yes...as soon as your marry and have all documents (sometimes the marriage certificate can take weeks in some states).

 

2 minutes ago, Love-always said:

Also , do you recommend hiring  help or doing the paperwork ourselves? Like hiring a independent immigration attorney or rapid visa? I’m trying to save money if possible 

as this process is expensive. 

Whether or not you need help is a personal decision. Most people here DIY...save the money as the forms may be overwhelming at first but generally as pretty simple. You would basically be telling the same info to somebody else who just puts it on the forms. I highly suggest reading the guides here, all forms,a nd all forms instructions. Ask questions if needed. Then see if you still want to spend money to have somebody else do the same thing.

RapidVisa usually is fine and many people have used them. They just follow a checklist as well...they aren't some high level pros handling cases. Sometimes they mess up pretty majorly too....and they almost never issue a refund when they do.

 

2 minutes ago, Love-always said:

So my fiancée cannot apply for I-765 form to get a work permit first I found out so he cannot work here in the US before we get married ? 

Hes not happy about this but I told him we have to do it step by step . And get married first . 

If  doing a K-1, correct - he won;t be able to work for at leastr ~4-6 months after marrying.

If doing a CR-1, he just needs an SSN to work after entry....so likely a couple weeks.


Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

10/17/18: Approved

10/24/18: Green card produced

10/31/18: Green card received

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

Share this post


Link to post
Share on other sites
8 minutes ago, geowrian said:

Will the children be immigrating with you? If so, the K-1 may be needed. They would still need to be under 21 by the time of coming to the US, but otherwise they are fine with a K-2 visa.

If you do a CR-1 visa, the petitioner (US citizen) cannot petition for the stepchildren since they would be 18 or older on the date of marriage. They would need to be petitioned by the biological parent after getting a green card...and then it would take another either 2 years or 7-10 year from that, depending on if they age out into F2B category.

 

One major drawback of a K-1 is that you must marry within 90 days of entry and then file for AOS to get a green card. You can also file for AP (to travel abroad and return) and an EAD (to work) alongside AOS. But those are taking ~4-6 months to obtain. So he won't be able to work for likely 4-6 months even if you married on day of entry into the US.

 

Your fiance's income can only be used if it will continue from the same source (i.e. same exact job with the same company) upon coming to the US. His assets can be included, but note that assets need to be at least 3x the required income level.

 

Yes...as soon as your marry and have all documents (sometimes the marriage certificate can take weeks in some states).

 

Whether or not you need help is a personal decision. Most people here DIY...save the money as the forms may be overwhelming at first but generally as pretty simple. You would basically be telling the same info to somebody else who just puts it on the forms. I highly suggest reading the guides here, all forms,a nd all forms instructions. Ask questions if needed. Then see if you still want to spend money to have somebody else do the same thing.

RapidVisa usually is fine and many people have used them. They just follow a checklist as well...they aren't some high level pros handling cases. Sometimes they mess up pretty majorly too....and they almost never issue a refund when they do.

 

If  doing a K-1, correct - he won;t be able to work for at leastr ~4-6 months after marrying.

If doing a CR-1, he just needs an SSN to work after entry....so likely a couple weeks.

Thanks for your help :) 

i was wondering if Boundless Immigration is a good site ? Or you were ok with doing the paperwork yourself ? 

Also if we get married in the US and my fiancé goes back to work at his job in his country and we file the I-130 form 

can I use his income and assets if he will continue his job in his country until he gets a his CR-1 VISA Greencard ? 

Also it says he has 6 months to immigrant to the US after getting the CR-1 visa and geencard 

is he allowed to still go back to his country too ? 

thanks 

Share this post


Link to post
Share on other sites

Forget RapidVisa, so many sad stories on here who have used them.

 

Does sound like you need a Lawyer and the CR1 will be the best option.

 

You can marry, apply for an Immigrant Visa, you will need to be the Sponsor, of you can not meet the requirements than you can use a Joint Sponsor - Family or Friend is common. They need to be a USC or LPR.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Share this post


Link to post
Share on other sites
3 minutes ago, Love-always said:

i was wondering if Boundless Immigration is a good site ? Or you were ok with doing the paperwork yourself ? 

I'm not familiar with them, sorry. A quick search shows they have 1 attorney on their team and the others are design, marketing, engineering, and management (https://www.boundless.com/about/). They are a technology company with a network of other attorneys (their words, not mine). Not that it is bad in anyw ay..just pointing that out for consideration (for a little comparison, my coworker's bank is a technology company but backed by a large bank, and he loves it).

 

We did the paperwork ourselves. AOS was approved a couple days go.

 

3 minutes ago, Love-always said:

Also if we get married in the US and my fiancé goes back to work at his job in his country and we file the I-130 form 

can I use his income and assets if he will continue his job in his country until he gets a his CR-1 VISA Greencard ?

No. The income needs to continue from the same source upon coming to (and living in) the US.

 

3 minutes ago, Love-always said:

Also it says he has 6 months to immigrant to the US after getting the CR-1 visa and geencard 

is he allowed to still go back to his country too ?

The visa will be valid for up to 6 months, usually limited by the validity of the medical examination  (also 6 months). With a CR-1 visa he would get a stamp on the visa upon entry, which acts as a green card for 1 year. The physical card will arrive in the mail later.

He can leave the US at any time and return (subject to CBP inspection, although this is almost never an issue except limited circumstances like criminal activity).

But he must maintain permanent residency within the US...so spend more time in the US than out of it to be safe. Travel abroad in excess of 6 months a year may raise suspicion of abandoning residency. Travel abroad of 1 year or longer in a single trip has a legal presumption of abandoning residency.


Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

10/17/18: Approved

10/24/18: Green card produced

10/31/18: Green card received

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

Share this post


Link to post
Share on other sites
13 minutes ago, geowrian said:

I'm not familiar with them, sorry. A quick search shows they have 1 attorney on their team and the others are design, marketing, engineering, and management (https://www.boundless.com/about/). They are a technology company with a network of other attorneys (their words, not mine). Not that it is bad in anyw ay..just pointing that out for consideration (for a little comparison, my coworker's bank is a technology company but backed by a large bank, and he loves it).

 

We did the paperwork ourselves. AOS was approved a couple days go.

 

No. The income needs to continue from the same source upon coming to (and living in) the US.

 

The visa will be valid for up to 6 months, usually limited by the validity of the medical examination  (also 6 months). With a CR-1 visa he would get a stamp on the visa upon entry, which acts as a green card for 1 year. The physical card will arrive in the mail later.

He can leave the US at any time and return (subject to CBP inspection, although this is almost never an issue except limited circumstances like criminal activity).

But he must maintain permanent residency within the US...so spend more time in the US than out of it to be safe. Travel abroad in excess of 6 months a year may raise suspicion of abandoning residency. Travel abroad of 1 year or longer in a single trip has a legal presumption of abandoning residency.

Thank you for your help . My fiancé wishes he could get a job here then marry me . Unfortunately I told him we have to do things accordingly to the law step by step .

I’m still not sure if the k1-visa is better ? Or cr-1-visa , it’s tough and I have to get a joint sponsor with me being a single mom , I’m thinking the CR-1 VISA Route might be best . 

But I told my fiancé we will have to wait to file the I-130 paperwork when he is back in his country as we would get married on a tourist visa during Christmas time 

he mentioned he would want to start on the papers while he is here after we marry. 

But Is it true it’s safer to wait to start the I-130 form when my spouse then would be back in his country ? Since we got married on his tourist visa ? I don’t want to cause any issues with this process 🙏

 

Edited by Love-always

Share this post


Link to post
Share on other sites
8 minutes ago, Boiler said:

Forget RapidVisa, so many sad stories on here who have used them.

 

Does sound like you need a Lawyer and the CR1 will be the best option.

 

You can marry, apply for an Immigrant Visa, you will need to be the Sponsor, of you can not meet the requirements than you can use a Joint Sponsor - Family or Friend is common. They need to be a USC or LPR.

Thank you :) is it ok my Dad is my joint sponsor ? What’s USC or LPR ? 

Share this post


Link to post
Share on other sites
Just now, Love-always said:

Thank you for your help . My fiancée wishes he could get a job here then marry me . Unfortunately I told him we have to do things accordingly to the law step by step .

im still not sure if the k1-visa is better ? Or cr-1 visa , it’s tough and I have to get a joint sponsor with me being a single mom 🙏

Correct....he can only get a job in the US beforehand if he got a work visa first (which is not easy and you have no role in the process).

 

There is no one-size-fits-all answer to that. Generally I lean more towards a CR-1 unless you really know what you are getting into regarding work and travel.

Comparison: https://www.visajourney.com/content/compare

Ignore the K-3...that's obsolete nowadays.

 

1 minute ago, Love-always said:

Thank you :) is it ok my Dad is my joint sponsor ? What’s USC or LPR ? 

If he earns enough, sure.

USC = US Citizen

LPR = Legal Permanent Resident (green card holder)


Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

10/17/18: Approved

10/24/18: Green card produced

10/31/18: Green card received

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

Share this post


Link to post
Share on other sites
4 minutes ago, geowrian said:

Correct....he can only get a job in the US beforehand if he got a work visa first (which is not easy and you have no role in the process).

 

There is no one-size-fits-all answer to that. Generally I lean more towards a CR-1 unless you really know what you are getting into regarding work and travel.

Comparison: https://www.visajourney.com/content/compare

Ignore the K-3...that's obsolete nowadays.

 

If he earns enough, sure.

USC = US Citizen

LPR = Legal Permanent Resident (green card holder)

Thank you . My parents are retired actually but have assets I hope I can use 🙏house , stocks etc 

Share this post


Link to post
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.
×