Weighing Optio - Wanting outside opinions

[Jamie Solo 70]

Hey guys,

 

I’ve been perusing this site since myself (the Brit) and my fiancé (the American) decided to file for the K-1. But we’ve been weighing that up against CR-1 and other potential visas and we were just hoping to get some outsiders perspective on everything. 

 

For some background, both of us currently live in Japan. My contract ends in August and I’ll go back to the U.K. afterwards. My fiancé is heading back to Seattle in May as she’s getting ready for a postgrad in August. 

 

Currently we see things like this:

 

K-1 will get us together in the States soonest. 

 

CR-1 will take longer but I’ll be able to start my work life etc. Much sooner than I would on K-1. 

 

DCF - this is something we were really happy to read about since we’re both in Japan and can get the marriage timeline moved up for it, but it doesn’t look like we’d be eligible as she’s heading back to study? 

 

So since so many of you guys are veterans of these processes we’d both really appreciate your thoughts and opinions on what steps we should take! Thanks so much in advance! 

[Lil bear 3,831]

5 minutes ago, Jamie Solo said:

Hey guys,

 

I’ve been perusing this site since myself (the Brit) and my fiancé (the American) decided to file for the K-1. But we’ve been weighing that up against CR-1 and other potential visas and we were just hoping to get some outsiders perspective on everything. 

 

For some background, both of us currently live in Japan. My contract ends in August and I’ll go back to the U.K. afterwards. My fiancé is heading back to Seattle in May as she’s getting ready for a postgrad in August. 

 

Currently we see things like this:

 

K-1 will get us together in the States soonest. 

 

CR-1 will take longer but I’ll be able to start my work life etc. Much sooner than I would on K-1. 

 

DCF - this is something we were really happy to read about since we’re both in Japan and can get the marriage timeline moved up for it, but it doesn’t look like we’d be eligible as she’s heading back to study? 

 

So since so many of you guys are veterans of these processes we’d both really appreciate your thoughts and opinions on what steps we should take! Thanks so much in advance! 

1,2,3.  Correct. on all 

 

Spouse visa is also less expensive overall 

 

If you both have residency in Japan now,  and assuming DCF is offered in Japan, you could probably get DCF through before late May, if you were ready to marry now and file very quickly. 

You will need a joint sponsor either way 

[Just Paul 4,591]

39 minutes ago, Lil bear said:

assuming DCF is offered in Japan

Sorry it is not in Japan unless you qualify for exceptional circumstances.

 

https://www.uscis.gov/about-us/find-uscis-office/international-immigration-offices

[millefleur 5,035]

The general consensus is it to comes down to how important it is that the beneficiary will be able to work once they arrive in the US. As you've probably read, the K-1 involves a bunch of other steps such as Adjustment of Status (AOS) and applying for word permit known as the EAD - Employment Authorization Document. I've seen people here on VJ who did the K-1 saying if they could go back and do it over they would have just done the CR-1 because it saves money and there isn't this "limbo" period of waiting around during AOS and for the EAD.

 

But you're right that the K-1 is quicker, so if the priority is being together in the US faster, then go for it. It just comes with all the caveats mentioned above plus extra cost. I was lucky enough to do DCF and we got the CR-1 and it was great to know that my husband and I were DONE with any immigration related stuff for a while (until ROC at least) as soon as he successfully crossed the border.

Edited February 2, 2019 by millefleur

[Wuozopo 4,285]

12 hours ago, Jamie Solo said:

CR-1 will take longer but I’ll be able to start my work life etc. Much sooner than I would on K-1. 

 

This is a good option since you want to work sooner, but factor in how long before you can legally marry, get the marriage certificate back, and get started. That will add to your CR1 timeline. Can you marry in Japan soon? Will your fiancé want you both to fly to the US to marry then return to Japan? That will add to the cost and negate the "cheaper visa" advantage for CR1. 

 

So say you applied K1 today. Visa and move by November. Marry. Apply. Work by April 2020. 

Or decide on CR today. Allow 2 months to marry and apply by April. Visa and move by April 2020. Work immediately. Your US job would start about the same time. I think the question is--

"Will I be happy in the US with my fiancé/spouse waiting to work?" "Will I get bored?"

"Will I be happier in UK waiting to move and working there during the wait for a CR1 visa?" "Will I save up extra money while waiting in the U.K.?"

 

Note: Be sure in either petition (I-130 or I-129F) that you put London as your embassy of choice because you will be back in the UK by the time for visa medical and interview.

[Jamie Solo 70]

Thanks for the responses so far!

For extra info, we do have a joint sponsor as her parents have agreed to help out in that.

 

On 2/2/2019 at 1:08 PM, Paul & Mary said:

Sorry it is not in Japan unless you qualify for exceptional circumstances.

 

https://www.uscis.gov/about-us/find-uscis-office/international-immigration-offices

And that is the hang up. I tried to think about this over the weekend and unfortunately as she is going back to study we cant claim the short-term work offer. But I would not mind an outside opinion on how they would potentially perceive a DCF application on the grounds of myself wanting to work and help/support her studies financially? Think they would go for that? Or am I kidding myself lol

 

Also, one thing we are both a little unclear on is if we can actually file either petition before she actually moves back to the states? It seems like we can just send it to the Chicago lockbox from overseas and then provided I have my embassy set to London like Wuozopo said, it shouldn't cause any problems as far as I can see?

 

[Just Paul 4,591]

15 minutes ago, Jamie Solo said:

just send it to the Chicago lockbox

yes and start the process.