Should I married abroad or use a K1?

[Mike2019 0]

 

Fiancé is 2 months pregnant now, I'm not sure if I should married abroad or use K1? 

How to proceed to bring my child to US?

Thanks!

[Unlockable 7,306]

Either one is possible to bring your child over. Just be warned, neither one will be complete before the birth.

 

The spousal visa will benefit your wife better in the long run.

[LilyJ 1,258]

Dependent on which fits best for you. I think @missileman has a pretty helpful comparison list of K1 vs CR1. As said, neither the K1 nor the CR1 will be complete before your child is born, but after your child is born you can file CRBA for your child to get their US passport

[Mike2019 0]

1 minute ago, Unlockable said:

Either one is possible to bring your child over. Just be warned, neither one will be complete before the birth.

 

The spousal visa will benefit your wife better in the long run.

thanks...

But how longer will be the CR1 vs K1? 

CR1 looks easier? 

What can of VISA should I consider for my child? I'm a citizen, so will he?

Any other advantage for CR1 beyond coming to US with residence and being cheaper?

 

 

[Unlockable 7,306]

Yes, your child will be a citizen. So if you plan accordingly, your child will receive its US passport. You will have to file CRBA (https://travel.state.gov/content/travel/en/international-travel/while-abroad/birth-abroad.html) after the child is born.

 

ETA: Other advantages of the spousal visa, your wife will be a permanent resident (PR) immediately upon entry to the US. Not like the K1 where she has to file for AOS which could take another 6 months. She can also work and travel immediately when she is a PR.

Edited December 15, 2019 by Unlockable

[LilyJ 1,258]

Just now, Mike2019 said:

thanks...

But how longer will be the CR1 vs K1? 

CR1 looks easier? 

What can of VISA should I consider for my child? I'm a citizen, so will he?

Any other advantage for CR1 beyond coming to US with residence and being cheaper?

 

 

With a CR1, your wife will be able to work immediately, travel outside the US immediately, drive immediately, etc etc. With a K1 your wife will have to wait 6+ months to do any of that once she arrives in the US. If you meet the requirements to pass along citizenship to your child then yes your child will be too, and you will complete CRBA (consular report of birth abroad) for him

[SalishSea 16,770]

2 minutes ago, Unlockable said:

Yes, your child will be a citizen. So if you plan accordingly, your child will receive its US passport. You will have to file CRBA (https://travel.state.gov/content/travel/en/international-travel/while-abroad/birth-abroad.html) after the child is born.

Assuming OP meets the requirements to pass along citizenship.

[JFH 12,189]

*~*~*moved from “IR-1/CR-1 spouse visa progress reports” to “what visa do I need?” as OP is weighing up the options*~*~*

Edited December 16, 2019 by JFH

[Nitas_man 3,100]

1 hour ago, Mike2019 said:

 

Fiancé is 2 months pregnant now, I'm not sure if I should married abroad or use K1? 

 

How to proceed to bring my child to US?

 

Thanks!

 

If you’ve been living in the US you need to apply for a CRBA and passport at the embassy after the baby is born.  Bring clear proof of living in the US for more than 5 years - home ownership, apartment leases, school records, old passports are usually strong proof.  Bring 20 years.  As much as you can gather.  

 

Getting married abroad is usually best for the immigrant because of the long wait period stuck in the US unable to drive or travel during AOS.  That part is up to you.

Edited December 15, 2019 by Nitas_man

[Lucky2Lucky 2,526]

How long have you been a US citizen and/or living in the US? More info would be needed to see if you can pass citizenship on to the unborn child. Regardless your fiancé wouldn’t be in the US for the birth. It seems like it’s best to just marry now and start the CR1 process. Do you have any difficulties traveling to Cuba (I am assuming you were born Cuban as Cuba doesn’t recognize US/Cuban citizenship and US citizens can’t travel for tourist purposes..)?

[Mike2019 0]

3 minutes ago, Luckycuds said:

How long have you been a US citizen and/or living in the US?

5 years but It does not matter.... 

 

More info would be needed to see if you can pass citizenship on to the unborn child.

WHY?

 

 

Regardless your fiancé wouldn’t be in the US for the birth.

Yes, I'm realizing that.... 

 

It seems like it’s best to just marry now and start the CR1 process

Why? Could you please explain more?.

 

Do you have any difficulties traveling to Cuba

Nope

 

(I am assuming you were born Cuban as Cuba doesn’t recognize US/Cuban citizenship and US citizens can’t travel for tourist purposes.. )? Yes, I was born in Cuba.

 

 

 

 

[Lucky2Lucky 2,526]

2 minutes ago, Mike2019 said:

 

How long have you been a US citizen and/or living in the US?

5 years but It does not matter.... 

 

More info would be needed to see if you can pass citizenship on to the unborn child.

WHY?

 

seems like it’s best to just marry now and start the CR1 process

Why? Could you please explain more?.

 

It does matter. There are certain requirements needed in order to pass down US citizenship. For example if you became a US citizen last week then you haven’t been a citizen long enough to pass down. If you have been a US citizen for 5 years but you’ve spent 3 years abroad then you can’t pass down citizenship as well. Look up CRBA for info on passing down citizenship to a child born out of the US. 
if you marry and go the CR1 route your wife will have a greencard upon arrival to the US. She will be able to apply for a job ASAP as well and travel out of the country, if you go k1 it can be ~8 months before she is allowed to work or leave the country. The k1 will also be more expensive.

[Mrs Ryan Carreras 247]

I would reiterate what others have said. I just went through it myself. 
I was the petitioner and the public charge was still on the table that would go into effect October 15(even if it’s tied up in litigation).
It is extremely stressful to keep your income well above the threshold(if the charge went into affect) with my household of four. 
Plus being off of work for two months. 
I am fortunate enough to be with a company for many years and had 2 months vacation time. 
We applied when I was about 4 weeks on K1 and he had to fly here and back than finish the K1 in London so either way, I don’t think the extra time for the CR1 will matter YMMV. 
He watches her during AoS so for us not a big deal to wait for work. 
However, healthcare bill in the US was roughly 20,000 for me and 9,000 for Hannah for a 3 night stay. I have good coverage and was lucky but you definitely want to check the cost here in the US first before rushing to get her here.
Sounds great in theory but is challenging on any home. 
If the child will be a US Citizen anyway and I were to do it again than I would have planned more appropriately without the stress and done a CR 1. 
While I do not want to have my daughter at daycare for the first year, it’s still very stressful on myself during AoS. 
good luck on your journey but I’d concur with the others as well. 
 

[NikLR 13,220]

22 hours ago, Luckycuds said:

It does matter. There are certain requirements needed in order to pass down US citizenship. For example if you became a US citizen last week then you haven’t been a citizen long enough to pass down. If you have been a US citizen for 5 years but you’ve spent 3 years abroad then you can’t pass down citizenship as well. Look up CRBA for info on passing down citizenship to a child born out of the US. 
if you marry and go the CR1 route your wife will have a greencard upon arrival to the US. She will be able to apply for a job ASAP as well and travel out of the country, if you go k1 it can be ~8 months before she is allowed to work or leave the country. The k1 will also be more expensive.

This is false. As long as he is a USC before the child's birth or if the child is an LPR and in his physical custody he can pass citizenship.  How he passes citizenship may be in question but not the ability to do so. 

Edited December 16, 2019 by NikLR

[Lucky2Lucky 2,526]

On 12/16/2019 at 3:56 PM, NikLR said:

This is false. As long as he is a USC before the child's birth or if the child is an LPR and in his physical custody he can pass citizenship.  How he passes citizenship may be in question but not the ability to do so. 

This isn't clear to me. It sounds like on one hand you are saying if he is a USC he can pass citizenship regardless. But then why would it matter "how" he passes it? There are certain residency requirements that the OP may not have met therefore unable to pass citizenship is my thought?