Should i apply for K-1 Visa or CR-1?

[Xyz11 0]

Guys, I'm engaged and will soon be married but i want to know how i can apply for my fiance in a way that when we both get married, we shift to America together without having to live apart. Please guide me on fiance visa like i know my fiance will have to leave America within 90 days after entering and we will have to get married there. I'm confused and want the best and shortest way of applying for him. Please suggest what i should do. I was born in America but then shifted to Pakistan and have only visited twice but now i'm planning on shifting with my husband to be and settle down there. I have my American License as well as a bank account. So please give me advice on how i can go with this. Should i apply for a fiance visa and then right after we get married in America, apply for an adjustment visa or should i just get married in Pakistan and then apply for a spouse visa? I'm looking for a way to apply for my husband to be where we can live in America without having to live apart and if i just get married and apply for the spouse visa, is it necessary that i'll have to live in America and wait there or can i just apply and live with my husband to be in Pakistan and wait for his visa to arrive?
Please tell me what to do and give me details about these two visas.

[Just Paul 4,591]

The moment you marry outside the US a fiancee visa can not be used.

[Just Paul 4,591]

13 minutes ago, Xyz11 said:

i know my fiance will have to leave America within 90 days after entering

More like 5 to 6 months after filing AOS.

[Xyz11 0]

1 minute ago, Paul & Mary said:

The moment you marry outside the US a fiancee visa can not be used.

Definitely! but i'm confused as to which visa i should go for? my fiance and I are just looking for ways where we can shift to America together and he can work there with me. So If the fiance visa is a better option, we'll get married in America but if the spouse visa is a better option then we'd get married in Pakistan
 

[Xyz11 0]

2 minutes ago, Paul & Mary said:

More like 5 to 6 months after filing AOS.

So are you suggesting getting married in Pakistan and applying for CR-1 is a better option for us?
I just want to be able to live with him while we wait for his green card 

[geowrian 22,335]

@missileman has a great chart for comparison.

 

I'd highly suggest a CR-1 for Pakistan, though, specially if you live together abroad already (I think this was implied...sorry if I misread it).

Only issue (if you would live abroad) would be the I-864. You need to show both 1) sufficient and qualifying income/assets, and 2) US domicile.

 

"I was born in America but then shifted to Pakistan and have only visited twice but now i'm planning on shifting with my husband to be and settle down there "

If you're not yet married and want to go the K-1 route, I suggest avoiding the word "husband".

[Xyz11 0]

1 minute ago, geowrian said:

@missileman has a great chart for comparison.

 

I'd highly suggest a CR-1 for Pakistan, though, specially if you live together abroad already (I think this was implied...sorry if I misread it).

Only issue (if you would live abroad) would be the I-864. You need to show both 1) sufficient and qualifying income/assets, and 2) US domicile.

 

"I was born in America but then shifted to Pakistan and have only visited twice but now i'm planning on shifting with my husband to be and settle down there "

If you're not yet married and want to go the K-1 route, I suggest avoiding the word "husband".

No no we're just engaged atm but plan on getting married soon so i'm just looking for ways because i don't want to live apart after we get married. which i why i'm asking if i should just get married in Pakistan and apply for a CR-1 visa or if i should apply for a fiance visa and go to america, get married there and apply for a adjustment status? My only requirement is that i don't want to live apart from him after we get married and any process that doesn't require me to wait and move to america without my fiance 
 

[DaveAndAnastasia 2,078]

Okay, if I understand things correctly

1) You are a US citizen currently living in Pakistan (born in the US, but have spent most of your life in Pakistan)

2) Your fiance is a Pakistani citizen currently living in Pakistan

3) You would like to live together in the US with minimal time apart

4) You are not currently married, and have not done any traditional marriage-like ceremonies (US immigration thinks if you've done a traditional wedding, you are married and ineligible for a fiance visa even if the marriage has not been legally registered)

 

You can do either a fiance or a spouse visa in your situation, though if you want to avoid time apart you will almost certainly need a cosponsor in the US (you almost certainly do not have any US income at this time, and to get that, you'd need to come to the US and get a job). Also see the previous comment regarding establishing a US domicile (this doesn't require you to actually live in the US).

 

If you do a fiance visa, you'd wait out the process together in Pakistan (it's probably helpful if you have someone in the US who can get mail for you). Then assuming everything was approved (fiance visas are often difficult in Pakistan), you'd come to the US. Once there, your fiancee would have 90 days to marry you or leave. Once you get married, your husband applies to adjust status (get a green card); processing time will depend on your local field office in the US and some take much longer than others. He can stay in the US while it's processing, but he can't work without employment authorization (this takes a few months currently) or leave the country and return without travel authorization (also takes a few months).

 

If you do a spousal visa, you'd get married anywhere (but probably in Pakistan, since that's where you're both living now) and live together in Pakistan until his visa is approved. Once his visa was approved, you'd come to the US. He'd have his green card immediately upon arriving in the US.

 

For most couples where both are living overseas and neither has an urgent need to be in the US as soon as possible, a CR-1 usually works better, because the non-US citizen is able to work, get a driver's license, and travel outside the US (and return without getting a new visa) right away. This is especially true in high fraud or high security risk countries (of which Pakistan is one), where K-1s are often subject to extensive administrative processing if they're approved at all. About the only exceptions to this are couples that can't legally marry where they are but can in the US.

 

 

Edited February 8, 2020 by DaveAndAnastasia

[Boiler 43,430]

CR1 but sounds like you need to plan to move back before the interview.

[NikLR 13,220]

9 minutes ago, Xyz11 said:

No no we're just engaged atm but plan on getting married soon so i'm just looking for ways because i don't want to live apart after we get married. which i why i'm asking if i should just get married in Pakistan and apply for a CR-1 visa or if i should apply for a fiance visa and go to america, get married there and apply for a adjustment status? My only requirement is that i don't want to live apart from him after we get married and any process that doesn't require me to wait and move to america without my fiance 
 

If you don't want to live apart after marriage then a K1 is the only route you can take.

[Just Paul 4,591]

6 minutes ago, Xyz11 said:

No no we're just engaged atm but plan on getting married soon so i'm just looking for ways because i don't want to live apart after we get married. which i why i'm asking if i should just get married in Pakistan and apply for a CR-1 visa or if i should apply for a fiance visa and go to america, get married there and apply for a adjustment status? My only requirement is that i don't want to live apart from him after we get married and any process that doesn't require me to wait and move to america without my fiance 
 

Being seperated is what almost everyone here has had to deal with.  For Pakistan a CR-1 makes a lot of sense.  Pakistan tends to have a long AP time.  You are also going to need to deal with domicile and sponsorship issues.  

 

I take it you have been filing your US tax returns the last few years?

 

Have you looked at the processing times and the AP talk for Pakistan?

 

 

[Crazy Cat 39,218]

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

K-1
    Slightly faster arrival in the US   
    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
    Slightly slower arrival in the US 

    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.
  �

 

[carmel34 3,529]

15 hours ago, Xyz11 said:

My only requirement is that i don't want to live apart from him after we get married and any process that doesn't require me to wait and move to america without my fiance

Unfortunately, your requirements may not align with US immigration requirements, especially if you don't have a qualified joint sponsor in the US.  Do more research on the US immigration requirements for K-1 vs CR-1, read more on sponsorship and US domicile issues.  If you don't have a joint sponsor, time apart will be necessary if you want to increase your chances of getting a K-1 or CR-1 approved.  There's always the option of just getting married and living in Pakistan together if there is no way you can live apart for a few months.  Good luck!

[Oliversmom 250]

We chose Cr1 because it was important to my husband to be able to work right away.  On the K1 visa you have to get married and then apply for AOS and EAD which can take around 6 months.  So that is one thing to consider.  Also, as others have mentioned, you will need to be able to financially sponsor him.  Work you do in Pakistan won't count unless that same source of income will continue when you move to the US.  You can overcome this by having a qualified Joint Sponsor.  You can also use assets.  If you don't have this then you will have to move back ahead of him and get a job that will sponsor him.  Domicile is an issue I know nothing about so I can't really help you there.  But I think you can establish domicile without actually moving back.  If you can satisfy both sponsorship and domicile without moving back then you are fine to stay with him until he gets the visa - either visa. 

[Ryan H 3,790]

Moved from K1 Progress Reports to What Visa Do I Need - Family Based Immigration forum.