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Hello,

My boyfriend and I are currently considering marriage visa options. I am a US citizen and he is a UK citizen. We eventually would like to live permanently in the US, but we're considering spending some time in UK first. Our options are:

1) Fiance visa (K1) - He will come to the US to get married then apply for adjustment of status.

2) CR1/IR1 - We will get married in the UK through their fiance visa process, live there for a few years, then apply for his US green card through CR1/IR1. 

 

I am wondering if anyone else has weighed these two options? What are the pros and cons of each you found? Is there a reason one of these options is a better idea? 

 

Thanks for your help!

Edited by amanda&mullins

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If you plan to spend time in the US first, the K-1 path doesn't seem suited for you. It would likely be better to live in the US, then start the CR-1 (spousal visa) process from there ~12-18 months or so before you intend to move to the US. You can always slow things down, but it's hard to speed things up.

 

The CR-1 visa is superior in every way except that it takes a few months longer to get (and a rare case of immigrating children aged 18-20). You can't work for several months. You can't travel abroad for several months. You may not even be able to drive for months, depending on state. This is all very rough on newlyweds, especially those who are use to working or being active. It costs more. It can take a year to 18 months or so for AOS to complete to get a green card (depends on local field office).


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

12/1/16: sent

12/14/16: 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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5 minutes ago, geowrian said:

If you plan to spend time in the US first, the K-1 path doesn't seem suited for you. It would likely be better to live in the US, then start the CR-1 (spousal visa) process from there ~12-18 months or so before you intend to move to the US. You can always slow things down, but it's hard to speed things up.

 

The CR-1 visa is superior in every way except that it takes a few months longer to get (and a rare case of immigrating children aged 18-20). You can't work for several months. You can't travel abroad for several months. You may not even be able to drive for months, depending on state. This is all very rough on newlyweds, especially those who are use to working or being active. It costs more. It can take a year to 18 months or so for AOS to complete to get a green card (depends on local field office).

Hi, not sure if I am understanding your response. If we pursue the CR1 it would be while we are living together in the UK. Then, once it is approved, we would move together to the US. So I am not sure if the working or driving restrictions would apply in that case? 

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12 minutes ago, amanda&mullins said:

Hi, not sure if I am understanding your response. If we pursue the CR1 it would be while we are living together in the UK. Then, once it is approved, we would move together to the US. So I am not sure if the working or driving restrictions would apply in that case? 

Sorry if I wasn't clear. Those drawbacks (not being able to work, drive, etc.) are with the K-1 visa. The CR-1 visa grants permanent residency ("green card") upon entry, so you can work, travel, drive, etc., right away.

Yes, you can pursue the CR-1 while living abroad.


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

12/1/16: sent

12/14/16: 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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15 minutes ago, geowrian said:

Sorry if I wasn't clear. Those drawbacks (not being able to work, drive, etc.) are with the K-1 visa. The CR-1 visa grants permanent residency ("green card") upon entry, so you can work, travel, drive, etc., right away.

Yes, you can pursue the CR-1 while living abroad.

I see now. Thank you for the clarification!

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Moved from K1 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*

 

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3 hours ago, amanda&mullins said:

Hello,

My boyfriend and I are currently considering marriage visa options. I am a US citizen and he is a UK citizen. We eventually would like to live permanently in the US, but we're considering spending some time in UK first. Our options are:

1) Fiance visa (K1) - He will come to the US to get married then apply for adjustment of status.

2) CR1/IR1 - We will get married in the UK through their fiance visa process, live there for a few years, then apply for his US green card through CR1/IR1. 

 

I am wondering if anyone else has weighed these two options? What are the pros and cons of each you found? Is there a reason one of these options is a better idea? 

 

Thanks for your help!

For you to get to live in the UK,  get married and go through a process there. He has to make a certain level of income to qualify to bring you over. No joint sponsors are allowed. It's a multi-year/multi-step process before you would get full resident qualifications. https://www.gov.uk/uk-family-visa/partner-spouse

 

So if UK is the first plan, go with that and then do IR1/CR1 about a year before you want to move or do the DCF process which is faster.  You can get married in the US or UK.  He doesn't have to have a fiancé visa to marry in the US. He can marry while here as a visitor in VWP (ESTA), but he is expected to go home.  I refer you to the FAQs on the London Embassy website here https://uk.usembassy.gov/visas/immigrant-visa-faqs/

If you will return to your permanent residence you may apply for a tourist B-2 visa, or if eligible, travel visa free under the Visa Waiver Program.  At the time you apply for the visa and/or travel to the United States you will be required to show that you have a residence outside the United States that you do not intend to abandon. There is no set form that this evidence takes as it varies with each person’s circumstances.

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