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babidee00

K1, K3 or CR 1?

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Hi to all this is my first time creating a topic/question here although I read some topics in the past without an account. So please if I'm in the wrong thread please guide me. Thank you.

 

I'm soon to be a US citizen by naturalization and I'm wondering which visa options is best for me and my fiance. The thing is I just wanted to be with her as soon as possible so I think K1 is the best option for us though I have some concerns. So here's my question, how soon is she gonna be able to work after we get married? I'm still confused about the AOS part or EAD. I'm fine for her not be able to work for the first 3-6 months, I'm just worried that it might take longer than that. I know that this option is quite pricey compared to others but I'm totally fine with that.

I don't know maybe it's just me but as I read more about K1 I find it a lot of work compared to others.

 

Thank y'all for your time and guidance.

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For a fiancee only a K1 is an option.   Won't be able to work until 6 to 8 months after getting married. 

 

K1 isn't much more work than spousal.  But it foes cost.more overall.


March 2, 2018  Married In Hong Kong

April 30, 2018  Mary moves from the Philippines to Mexico, Husband has MX Permanent Residency

June 13, 2018 Mary receives Mexican Residency Card

June 15, 2018  I-130 DCF Appointment in Juarez  -  June 18, 2018  Approval E-Mail

August 2, 2018 Case Complete At Consulate

September 25, 2018 Interview in CDJ and Approved!

October 7, 2018 In the USA

October 27, 2018 Green Card received 

October 29, 2018 Applied for Social Security Card - November 5, 2018 Social Security Card received

November 6th, 2018 State ID Card Received, Applied for Global Entry - Feb 8,2019 Approved.

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Posted (edited)

* Moved from K-1 P&P to What Visa Do I Need forum. OP is looking at visa options. *

 

K-1 is the fastest to be in the US together...although with many drawbacks vs the CR-1 route. The main ones are being unable to work or travel abroad for several months (currently ~4-7 months) after both marrying int he US and filing AOS. It's also more expensive overall, and more paperwork overall. And slower to get the actual green card in the vast majority of cases.

The process is I-129F -> NVC (pass-through) -> Embassy/Consulate -> Interview -> AP -> Visa Issued -> POE -> Marriage within 90 days -> File for AOS + EAD + AP -> Interview -> AOS Approved (assuming no RFE post-interview)

Timing for AOS approval varies heavily by local USCIS field office. EAD + AP approval is the ~4-7 months. That's what lets you work & travel abroad.

 

CR-1 is cheaper and grants permanent residency (including the ability to work & travel abroad right away) upon entry. The physical card arrives later, but the visa acts as the green card for the first year anyway.

The process is I-130 -> NVC (Welcome) -> NVC (Case Complete) -> NVC (interview scheduled) -> Embassy/Consulate -> Interview -> AP -> Visa Issued -> POE

 

K-3 is effectively obsolete. Only 3 were issued last year.

Edited by geowrian

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

10/24/18: Green card produced notice

10/25/18: Formal approval

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

 

 

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If you are concerned about your fiancé not being able to work get married and go the cr1 route. If being together ASAP and a second income isn’t necessary then do k1. With a k1 she definitely won’t be able to work in 3 months and even 6 months she may not yet have her work authorization. It’s also personal preference- does she want her family there when she gets married? Is it more important for you to have your family there? That can drive whether you decide to get married in her country or here (cr1/k1)


Our K1 Journey

I-129f

Service Center : Texas Service Center   Transferred? California Service Center on 8/11/14

Consulate : Port au Prince, Haiti             I-129F Sent : 4/14/2014

I-129F NOA1 : 4/24/14                            I-129F NOA2 : 9/10/14

NVC Received : 9/24/14                          NVC Left : 9/26/14

Consulate Received : 10/6/14 CEAC status changed to ready

Packet 3 Received : 10/27/14 packet received by petitioner in USA ( beneficiary never received packet 3)

Medical: 10/30/14 Dr. Buteau                  Medical picked up: 11/3/14

Packet 3 Sent : 11/10/13.. Had to schedule interview appointment and attach confirmation receipt to packet

Packet 4 Received : never received ..does it even exist?

Interview Date : 12/1/14                           Interview Result : Approved !

Visa Received : 12/10/14 picked up at Jacmel location

US Entry : 12/15/14 Fort Lauderdale, Florida

Apply for Social Security Card: 12/30/14 Connecticut

Marriage: 1/26/15

 

Adjustment of Status

CIS Office : Hartford                                  Filed : 3/18/15

NOA : 3/25/15                                            Biometrics : 4/15/15

Approved: 8/31/15                                     Received: 9/8/15

 

EAD

CIS Office : Hartford                                  Filed : 3/18/15

NOA : 3/25/15                                            Approved: 6/12/15

Received: 6/20/15

 

Removal of Conditions I-751

Filed: 8/14/17 at VSC                                 NOA: 8/15/17 Received 8/21 by mail

Biometrics: Dated: 8/25/17   Received 9/2/17   Appointment 9/11/17 

Approved: 10/23/18 -no interview

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Posted (edited)
2 hours ago, babidee00 said:

I'm soon to be a US citizen by naturalization and I'm wondering which visa options is best for me and my fiance.

Missileman has a comparison:

On 8/7/2019 at 3:03 PM, missileman said:

Every couple has their own priorities, and each couple must decide which visa is better for their situation.

K-1
       More expensive than CR-1    
    Requires Adjustment of Status after marriage (expensive and requires a lot of paperwork)    
    Spouse can not leave the US until she/he receives approved Advance Parole (approx 5-6 months)    
    Spouse can not work until she/he receives EAD (approx 5-6 months)    
    Some people have had problems with driver licenses, Social Security cards, leases, bank account during this period    
    Spouse will not receive Green Card for many months after Adjustment of Status is filed.

  

CR-1
    

    Less expensive than K-1    
    No Adjustment of Status(I-485, I-131, I-765) required.    
    Spouse can immediately travel outside the US    
    Spouse is authorized to work immediately upon arrival.    
    Spouse receives Social Security Card and Green Card within 2 or 3 weeks after entering the US    
    Opening a bank account, getting a driver's license, etc. are very easily accomplished with GC, SS card, and passport.

    Spouse has legal permanent Resident status IMMEDIATELY upon entry to US.

Only six K-3 visas were issued worldwide last fiscal year: https://travel.state.gov/content/dam/visas/Statistics/AnnualReports/FY2018AnnualReport/FY18AnnualReport - TableXVIB.pdf Probably zero this year; "because USCIS now takes less time to adjudicate the Form I-130, the current need for K-3 and K-4 visas is rare." https://www.uscis.gov/family/family-us-citizens/k-3k-4-nonimmigrant-visas

Edited by HRQX

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