Help Deciding On Which Visa

[Bec949 3]

Hi there! 
 

My boyfriend (US Citizen) and I (Australian Citizen) have been together for nearly 5 years, doing long distance and are ready to close the gap. I’m currently visiting the US for just over 3 weeks, we’re trying to figure out our next move.

Two areas I’d like advice on:

1) which visa would be the best route - K-1 or CR-1?

2) if CR-1, since I’m currently visiting the US and going back to Australia, would it be possible (and legal) for us to get married now? Then apply for CR-1 when I get back to Australia?

I took time off work to come visit, as well as family in home country.
 

Background: 

- We met online mid 2015, have visited each other multiple times since 2016. He came and lived in Australia with me on a Work Holiday visa May 2018 - May 2019. 
I’d like to ultimately live in the US with him. 

We’ve been planning on getting married, but have been confused which visa would be best.
I’ve been leaning towards the CR-1, as it is the least restricting on me. But of course that means we’d have to get married before filing for it. 

 

Thanks in advance for the help!

[Crazy Cat 39,213]

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.
  �

 

[arken 4,197]

9 minutes ago, Bec949 said:Two areas I’d like advice on:

1) which visa would be the best route - K-1 or CR-1?

2) if CR-1, since I’m currently visiting the US and going back to Australia, would it be possible (and legal) for us to get married now? Then apply for CR-1 when I get back to Australia?

 

CR-1.

It’s legal and possible for you to marry in the US while you are here.

[Crazy Cat 39,213]

A legal marriage anywhere allows you to then start the CR-1 process.

[yuna628 9,528]

12 minutes ago, Bec949 said:

Hi there! 
 

My boyfriend (US Citizen) and I (Australian Citizen) have been together for nearly 5 years, doing long distance and are ready to close the gap. I’m currently visiting the US for just over 3 weeks, we’re trying to figure out our next move.

Two areas I’d like advice on:

1) which visa would be the best route - K-1 or CR-1?

2) if CR-1, since I’m currently visiting the US and going back to Australia, would it be possible (and legal) for us to get married now? Then apply for CR-1 when I get back to Australia?

I took time off work to come visit, as well as family in home country.
 

Background: 

- We met online mid 2015, have visited each other multiple times since 2016. He came and lived in Australia with me on a Work Holiday visa May 2018 - May 2019. 
I’d like to ultimately live in the US with him. 

We’ve been planning on getting married, but have been confused which visa would be best.
I’ve been leaning towards the CR-1, as it is the least restricting on me. But of course that means we’d have to get married before filing for it. 

 

Thanks in advance for the help!

There are pros and cons to each:

 

Both take a long time, but there is possibly one big advantage to the CR-1 than a K-1.

 

When you arrive on a K-1 and marry, the new immigrant spouse may not work. The couple must file to adjust status with employment authorization and advanced parole (giving ability to work and travel). There is an ever increasing waiting period for these first documents to arrive (they will arrive before the green card), so that means there can be a financial hardship on couples that want to work but can't. This might be fine for some that have significant savings or are fine waiting. With a CR-1 though, once they arrive, they will have the ability to skip the adjustment step and be able to work. Regardless even if they should have a work authorization (EAD) or arrive a green card though, there is no guarantee they will land a job right away... but at least with a green card in hand they will have a good shot.

 

If CR-1 is what you want to do, and you are in the US there is no reason why you cannot marry if you want to, and then return home afterward and start the process. Going home will give you time to work, save up, and plan. Follow the rules of your county clerk for MD. The immigrant can provide their passport instead of an SSN.

[Bec949 3]

7 minutes ago, arken said:

CR-1.

It’s legal and possible for you to marry in the US while you are here.

Thanks for answering, I appreciate the help! 
I guess that’s all cleared up for me then ☺️

[Bec949 3]

11 minutes ago, yuna628 said:

There are pros and cons to each:

 

Both take a long time, but there is possibly one big advantage to the CR-1 than a K-1.

 

When you arrive on a K-1 and marry, the new immigrant spouse may not work. The couple must file to adjust status with employment authorization and advanced parole (giving ability to work and travel). There is an ever increasing waiting period for these first documents to arrive (they will arrive before the green card), so that means there can be a financial hardship on couples that want to work but can't. This might be fine for some that have significant savings or are fine waiting. With a CR-1 though, once they arrive, they will have the ability to skip the adjustment step and be able to work. Regardless even if they should have a work authorization (EAD) or arrive a green card though, there is no guarantee they will land a job right away... but at least with a green card in hand they will have a good shot.

 

If CR-1 is what you want to do, and you are in the US there is no reason why you cannot marry if you want to, and then return home afterward and start the process. Going home will give you time to work, save up, and plan. Follow the rules of your county clerk for MD. The immigrant can provide their passport instead of an SSN.

Thanks for your response! I appreciate it ☺️

Working is a pretty big factor for me, I’d go a bit stir crazy. 

I was trying to research if getting married on a Tourist Visa was legal, and kept getting conflicting information. 

We pretty much planned on me returning, working and saving up, until I’m able to move over. 

[Bec949 3]

27 minutes ago, missileman said:

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.
  �

 

Thanks for the in-depth response! 
Time isn’t really a bother, but working upon arrival would be great. 
 

I hope you have an amazing day!

[Crazy Cat 39,213]

6 hours ago, Bec949 said:

Working is a pretty big factor for me, I’d go a bit stir crazy. 

I was trying to research if getting married on a Tourist Visa was legal, and kept getting conflicting information. 

Many, many people get married in the US while here on tourist visas every year.......it is completely legal....you must leave the country after your visit.  You cannot come to the US via a tourist visa with the intent to stay and adjust status..............if working right away is a major consideration, then the CR-1 is a good fit for you, imo.

Edited February 26, 2020 by missileman

[Bec949 3]

2 minutes ago, missileman said:

Many, many people get married in the US while here on tourist visas every year.......it is completely legal....as long as you leave the country after your visit.  You cannot come to the US via a tourist visa with the intent to stay and adjust status..............if working right away is a major consideration, then the CR-1 is a good fit for you, imo.

Sweet! I thought that was the case, but wasn’t 100% sure. 
Thank you so much!

[igoyougoduke 1,604]

20 minutes ago, Bec949 said:

Sweet! I thought that was the case, but wasn’t 100% sure. 
Thank you so much!

Considering work is important to you, CR1 is the way to go for your case. Good luck !

[jeanieCZ 228]

@Bec949

 

I did the K-1 and in the retrospect, I can tell you I would have chosen the spouse visa, if I were doing it now, with the knowledge of today. 

On the other hand, within my 3 months in the US, I got an SSN, DL, bank account, and am currently looking into doing something more with my time than doing things for myself such as sport and explore the area and be a homemaker. 

At the same time, I know of people who came in on spousal visa earlier than I did and they have still been waiting for their Green Card. 

[Crazy Cat 39,213]

10 minutes ago, jeaniecz said:

@Bec949

 

I did the K-1 and in the retrospect, I can tell you I would have chosen the spouse visa, if I were doing it now, with the knowledge of today. 

On the other hand, within my 3 months in the US, I got an SSN, DL, bank account, and am currently looking into doing something more with my time than doing things for myself such as sport and explore the area and be a homemaker. 

At the same time, I know of people who came in on spousal visa earlier than I did and they have still been waiting for their Green Card. 

Their stamped passport is their Green Card...until the plastic one arrives...they were legal residents (green card holders) the second they entered the US.

Edited February 26, 2020 by missileman

[jeanieCZ 228]

@missileman okay, disregard my comment then

[ledingham 68]

1 hour ago, jeaniecz said:

I did the K-1 and in the retrospect, I can tell you I would have chosen the spouse visa, if I were doing it now, with the knowledge of today.

I am currently in the process of the K-1 visa and I also can tell you that I wish we had chosen the spouse visa.