K1, K3 or CR 1?

[babidee00 1]

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.

[Just Paul 4,591]

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.

[geowrian 22,335]

* 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 August 9, 2019 by geowrian

[Lucky2Lucky 2,526]

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)

[HRQX 4,145]

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 August 10, 2019 by HRQX

[babidee00 1]

I really need to think hard about this. Thank you all again.