Long-distance relationship - Immigration in a non-COVID scenario - K1 or CR-1?!

[NikLR 13,220]

Just now, geowrian said:

OP said they never lived in Pakistan.

"I'm not too hugely worried about the Pakistan bit; I never lived there"

Oh yes i recall reading that but I also couldnt remember if they said they'd never visited for 6m or more? Regardless I always remember that Pakistan doesnt need a police cert.  Im sure there are more countries but I cant recall. My brain is mush after not much use. 

[TamMhmd 210]

Hi!

 

I had a LOT of the same questions when my husband and I started with this process.

I consulted an attorney and she helped clear things up. Here was her reply to me when my  husband and I asked whether to go the K-1 route or the I-130 route. We wanted to live in the same place as soon as possible and I also wanted Mhmd to be able to work in the US once he arrives. 

 

 

Quote

 

The K-1 visa and the I-130 + consular process take pretty much the same amount of time.  There is NO advantage (in terms of time or location, etc.) to a fiancé visa, in my opinion.  I don't see how it would increase the amount of time you can be together.  

 

My advice:  Get married abroad. Do the I-130.  Tam moves back to US after the I-130 is approved (5-6 months after submitted). All Mohammed has left to do is his consular process, which will finish in a few months. Tam will have difficulty proving income (because she will have just gotten a new job), but can Tam's parents (or one of Tam's parents) be a co-sponsor for Mohammed? A co-sponsor can be any legal permanent resident or citizen, not necessarily a relative. 

 

While the I-130 is pending, Mohammed won't be able to visit the US on a tourist visa.  Yes, it is theoretically possible, but in reality it's not possible. 

 

 

 

I thought that this attorney really did a good job at advising us. Since we submitted the I-130 (Feb 2019)  and it has been approved, I transferred jobs back to US but still used my parents as a joint sponsor. Mhmd is still working in Dubai right now and we are at the NVC stage waiting to be Documentarily Qualified (DQ) for an interview schedule. So far it has been 14 months and counting... so just be patient with the process! 

 

We also went this route because with K-1 route, Mhmd wouldn't be able to work while he was in the US waiting for hes green card and subsequently work authorization. With the CR1 route, he will receive his green card while in Dubai and then once he moves here, a few weeks later he will have his social security card and be able to work. 

 

Hope that helps a bit!  I know the beginning process can be scary and confusing!  

 

In addition, we never hired an attorney to do the actual paperwork. We just did a 1 hour consultation to get our plan set and then my husband and I managed to do the paperwork on our own. And this community is a GREAT resource for help! 

 

 

 

Edited April 26, 2020 by TamMhmd

[JoannaV 173]

 

3 minutes ago, TamMhmd said:

While the I-130 is pending, Mohammed won't be able to visit the US on a tourist visa.  Yes, it is theoretically possible, but in reality it's not possible.

Nothing is guaranteed, but for the OP I would expect it to work out as possible, given her previous travel history and the kinds of future trips she plans (plus the Canadian citizenship).

 

As others have said, for the CR-1 you wait months for the visa and then once you enter the US you can work, travel, etc. With the K-1, you wait months for the visa and then upon entry have to wait more months before receiving work/travel authorization. If working/traveling wasn't an issue then the K-1 would be quicker (given that you could start the process right this second whereas for the CR-1 you will first have to travel and marry). But I'd probably still go for the CR-1.

[TamMhmd 210]

2 minutes ago, JoannaV said:

 

Nothing is guaranteed, but for the OP I would expect it to work out as possible, given her previous travel history and the kinds of future trips she plans (plus the Canadian citizenship).

 

As others have said, for the CR-1 you wait months for the visa and then once you enter the US you can work, travel, etc. With the K-1, you wait months for the visa and then upon entry have to wait more months before receiving work/travel authorization. If working/traveling wasn't an issue then the K-1 would be quicker (given that you could start the process right this second whereas for the CR-1 you will first have to travel and marry). But I'd probably still go for the CR-1.

Oh yes, that's true. OP is Canadian. My husband's Jordanian so the whole tourist visa thing is why that attorney said it'd be difficult!  She said its up to the officers at the airport and they just want to be careful that no one overstays on a tourist visa in case they are "tempted" to stay longer with the significant others.

[retheem 553]

Go for CR1 anyday. Faster, less money used and spouse becomes a legal permanent resident immediately. Also, If i were you, i would look long past covid 19. We have an administration whose default settings is keeping out as many immigrants as they can. And it is very likely Trump will come back in November. And so, the simplest way not to be caught up in this mess is to be a spouse of a US citizen. 

[geowrian 22,335]

Quote

The K-1 visa and the I-130 + consular process take pretty much the same amount of time.  There is NO advantage (in terms of time or location, etc.) to a fiancé visa, in my opinion.  I don't see how it would increase the amount of time you can be together.

I think a major difference here is it appears you two lived together while abroad. In those case, there is almost never (there is an exception with 18-20 year old children) an advantage to do a K-1.

 

Quote

Tam moves back to US after the I-130 is approved (5-6 months after submitted).

Note that it did take ~8 months for this step.

 

Quote

While the I-130 is pending, Mohammed won't be able to visit the US on a tourist visa.  Yes, it is theoretically possible, but in reality it's not possible. 

Outright incorrect. Many people visit fine while waiting for processing.

Getting a visa to do so in that case is very difficult, but using an existing one is fine.

It's not just theoretically possible, but only very rarely has an issue (and note that Dubai has a CBP preclearance site, so if entry was denied, it would be without ever leaving the country).

 

1 hour ago, TamMhmd said:

With the CR1 route, he will receive his green card while in Dubai and then once he moves here, a few weeks later he will have his social security card and be able to work.

He will receive an immigrant visa in Dubai, not a green card (or permanent residency). Once he uses the visa, he will gain permanent residency. The endorsed immigrant visa (it is endorsed at POE) acts as a green card for 1 year. A physical green card will arrive later, assuming the Immigrant fee is paid.

As a note, a social security card is not actually required to work. It is required for payroll purposes. The employer may or may not want to proceed until payroll is established, but that's a personal call, not an immigration one. The green card is sufficient for I-9 purposes to work.

[initials123 6]

CR1 was absolutely the best choice for us. We visited each other often, I spend several months traveling Australia and New Zealand with him, and the minute he landed he was able to get a job which allowed us the down payment for a house. 

And it was much better because neither of us would have been very content to sit around the house and not contribute. 

[emmewalle 8]

On 4/26/2020 at 1:46 PM, Dashinka said:

As mentioned, most people on this site have done it themselves.  There are a lot of people here with a lot of experience that are happy to help answer questions.  If your case is fairly straightforward (I.e. no legal issues, or issues with past overstays, etc.) you should be able to do this on your own.  That being said, hiring a lawyer is a personal choice that a lot of people make, but keep in mind even with a lawyer, the petitioner and beneficiary still have to do all the legwork related to gathering the required evidence for submission, and if a lawyer is hired, one should not expect that the lawyer does not require oversight continuously.

 

I know it is anecdotal, but in our case, we went from K1 through AOS, ROC, and Naturalization all on our own with only one very minor RFE at the K1 for a missing document.  
 

Good Luck!

Thank you!!!

[emmewalle 8]

On 4/26/2020 at 1:51 PM, Sparkle Sparkle said:

I agree with @Dashinka do not forget to document your meetings with boarding passes , photos , anything that has your name and his name on it...Good luck

Good call!

[emmewalle 8]

7 hours ago, initials123 said:

CR1 was absolutely the best choice for us. We visited each other often, I spend several months traveling Australia and New Zealand with him, and the minute he landed he was able to get a job which allowed us the down payment for a house. 

And it was much better because neither of us would have been very content to sit around the house and not contribute. 

That's awesome!  Assuming that employers are ok to hire those on a gc status?

 

[emmewalle 8]

14 hours ago, Nitas_man said:

K1 significantly limits your ability to travel for awhile.

My call:  CR1.  Essentially the same process, you’re in with all driving and working and travel benefits from day 1

I don’t believe you can even work remotely in the US after K1 arrival

You’ll be needing a police certificate and background check from every country you have lived in.

Good catch on the remote working - didn't even think about that one!

13 hours ago, Jorgedig said:

Especially since you mention continuing to work remotely if here waiting to AOS on a K-1:  this is a sketchy thing to do, as you are not permitted to *work* without an EAD (work permit), even if the source of income is foreign.

 

OP I don't think a K-1 is a good choice for you.  CR-1 is the way to go.

Good call ; thanks!

[emmewalle 8]

10 hours ago, TamMhmd said:

Hi!

 

I had a LOT of the same questions when my husband and I started with this process.

I consulted an attorney and she helped clear things up. Here was her reply to me when my  husband and I asked whether to go the K-1 route or the I-130 route. We wanted to live in the same place as soon as possible and I also wanted Mhmd to be able to work in the US once he arrives. 

 

 

 

 

I thought that this attorney really did a good job at advising us. Since we submitted the I-130 (Feb 2019)  and it has been approved, I transferred jobs back to US but still used my parents as a joint sponsor. Mhmd is still working in Dubai right now and we are at the NVC stage waiting to be Documentarily Qualified (DQ) for an interview schedule. So far it has been 14 months and counting... so just be patient with the process! 

 

We also went this route because with K-1 route, Mhmd wouldn't be able to work while he was in the US waiting for hes green card and subsequently work authorization. With the CR1 route, he will receive his green card while in Dubai and then once he moves here, a few weeks later he will have his social security card and be able to work. 

 

Hope that helps a bit!  I know the beginning process can be scary and confusing!  

 

In addition, we never hired an attorney to do the actual paperwork. We just did a 1 hour consultation to get our plan set and then my husband and I managed to do the paperwork on our own. And this community is a GREAT resource for help! 

 

 

 

Thank you! this is helpful! I agree, it can be confusing, scary and can seem very lengthy but once understood, it's not that bad - a helpful community like this is also great!! so thank you to everyone.

 

I have some follow-up questions for you:

1. How was it dealing with the folks over here in the UAE?  Were they accommodating?
2. Did you get married in the UAE? I think we will get married in LA at a court (I was hoping they would be doing this on Zoom like NY 🙃) as soon as they open up DXB-LAX-DXB flights, so we can get the ball rolling.  I am going to sit down tonight and review all the documents and start filling them out and compiling all our 'evidence'. 
3. How are things with your situation now? How are you able to see one another? And, how long have you lived apart? 
4. Also, which state are you in now? I read somewhere that you don't necessarily have to apply *to* the state you are moving to.  i.e. I will be moving to LA, but the processing stats are the slowest, so will probably choose a different centre to apply to - do you know if that is possible?
5. Did you apply by hand or online? I hear they lose/mishandle paperwork (in the US) a lot, so I'm really worried about that.

I agree on the lawyer bit, I think I've successfully convinced my BF (i.e. forcing him to read all these forum posts and responses) that we do not require an attorney and I think a couple of people mentioned that I would need to be aware of all the steps and do the legwork myself anyways.  

 

10 hours ago, JoannaV said:

 

Nothing is guaranteed, but for the OP I would expect it to work out as possible, given her previous travel history and the kinds of future trips she plans (plus the Canadian citizenship).

 

As others have said, for the CR-1 you wait months for the visa and then once you enter the US you can work, travel, etc. With the K-1, you wait months for the visa and then upon entry have to wait more months before receiving work/travel authorization. If working/traveling wasn't an issue then the K-1 would be quicker (given that you could start the process right this second whereas for the CR-1 you will first have to travel and marry). But I'd probably still go for the CR-1.

thank you!

[emmewalle 8]

9 hours ago, retheem said:

Go for CR1 anyday. Faster, less money used and spouse becomes a legal permanent resident immediately. Also, If i were you, i would look long past covid 19. We have an administration whose default settings is keeping out as many immigrants as they can. And it is very likely Trump will come back in November. And so, the simplest way not to be caught up in this mess is to be a spouse of a US citizen. 

Great point!! 😵 Just need to see how this is affected by Trump's new ban.  Does anyone know if I can still apply during this 'ban' and then wait for them to process it once it clears? or better to apply once it has fully cleared?  I read somewhere that spousal Immigration is on hold too - but I could be mistaken - been reading so many different pieces over the last 24 hours..

[emmewalle 8]

On 4/26/2020 at 12:50 PM, emmewalle said:

Hello everyone,

 

I am new to this forum and have been doing my research on the US Immigration process, hoping to understand whether the K1 or the CR-1 (I-130) is a better option for us. All of this is separate to the COVID-19 situation and the recent Immigration Ban.

 

Some background:

 

1. Boyfriend: US citizen by birth; lives and works in Los Angeles, CA
2. Myself (Female): naturalized Canadian Citizen (2011) (original citizenship: Pakistani - no longer valid). Born, lives and works in Dubai, United Arab Emirates.

 

• We have been dating for about a year now (we met in LA while I was on vacation) and we are planning on getting married ASAP to live in LA. 
• We see each other once a month either in the US or in other parts of the world (minus during the COVID-19 period). We were last together in Feb 2020 in LA.
• We aren't picky on where in the world we get married, as long as we are able to live together in LA as soon as possible, with the possibility of me working in the US sooner rather than later. 
• I have a steady job in Dubai, and would not like to quit and move just to 'wait around' for the right to work, hence, the need to be able to work is crucial.
• If we were to categorize, priorities are as follows: 
  • 1) working in the US sooner rather than later
  • 2) being together full-time
  • 3) funds. 
  • i.e. OK to proceed with a process that allows me to work sooner than later, but which could take longer to enable me living there full-time (as long as we can continue our once a month visits globally - separate to COVID) vs. something that allows me to move quicker, but idle in terms of work.  

 

I have seen the below advice floating around on other topics within this forum.

1. Is a lawyer recommended for either of these processes, or are these manageable on our own?
2. It seems that the CR-1 option is better for us, however, once I apply, am I allowed in the US as a visitor just to meet him? Or do I need to wait until approval of this process?
3. How long does the CR-1 usually take? Does my living/citizenship arrangement make it more complicated?
4. If we decide on the K-1 route, how soon can I receive the EAD to work?
5. (I know the below has timing guidelines, but we all know these aren't always the reality!)

 

 

 

Thank you so much! I know this post is lengthy/detailed, but makes it easier to have the facts laid out to navigate the process!

 

Thank you to everyone who has taken the time to read, respond and share their insights! Much appreciated; a community like this definitely helps demystify the arduous immigration process.

 

After discussion this with my BF, we have decided to proceed with the CR-1 option, given that with everything going on, spousal relation is considered a stronger case. 

 

Hence, we are looking to tie the knot in the US courts as soon as travel opens up.  However, in terms of options on a way forward we were brainstorming on the following, and we were hoping to get some guidance/feedback:

 

Option 1:

• US court marriage
• CR-1 application from the UAE 
• Frequently travel between Dubai/LA or meet up globally once a month until the entry to the US is granted (or have him work remotely from Dubai so we can get some living time together)
• Once completed, move to the US

Option 2:

• US court marriage
• CR-1 application from the UAE 
• Frequently travel between Dubai/LA for a period of 6 months (gives me time to wrap up here)
• For the remainder of the process (I assume another 6 months???), move back to Canada (2h flight from LA) so that meeting up is more frequent/closer for both of us. However, given that I have applied from the UAE, am I required to continue living here until my process completes? 
• Does anyone know how long I can stay in the US for on my visits?  If we do this option, does the 6 month stay validity on a tourist entry still apply given my CR-1 paperwork is in process?
• Once completed, move to the US 

Side question: at what stage does the ability to live in the US under a CR-1 happen? is it after the I-30 is approved? If so, I don't think that's tooo bad, I've read a bunch of posts on the applications (if done correctly and thoroughly), can be approved as quickly as a month, but there may be a backlog of applications especially with COVID and the ban.

 

THANK YOU EVERYONE!

 

[geowrian 22,335]

3 hours ago, emmewalle said:

Option 2:

• US court marriage
• CR-1 application from the UAE 
• Frequently travel between Dubai/LA for a period of 6 months (gives me time to wrap up here)
• For the remainder of the process (I assume another 6 months???), move back to Canada (2h flight from LA) so that meeting up is more frequent/closer for both of us. However, given that I have applied from the UAE, am I required to continue living here until my process completes? 
• Does anyone know how long I can stay in the US for on my visits?  If we do this option, does the 6 month stay validity on a tourist entry still apply given my CR-1 paperwork is in process?
• Once completed, move to the US 

If you plan to interview in UAE, you must maintain legal residence there. Otherwise you would need to interview where you currently legally reside or hold citizenship.

What exact qualifies is something to ask the embassy/consulate. They make all decisions on who they will interview for an immigrant visa (note that no such requirement exists for non-immigrant visas...although a K-1 is treated like an immigrant visa for this purpose).

 

You can technically stay however long as CBP grants upon entry. This could be 1 day. It often is 6 months with B-1/B-2 status. It can technically be up to 1 year. Although there are tax consequences if you meet the substantial presence test for tax residency.

That said, if it appears you are living in the US, CBP is more inclined to deny entry on your next visit. The general rule is to spend more time abroad than within the US. Spending twice as long outside as inside is even better.

 

3 hours ago, emmewalle said:

Side question: at what stage does the ability to live in the US under a CR-1 happen? is it after the I-30 is approved? If so, I don't think that's tooo bad, I've read a bunch of posts on the applications (if done correctly and thoroughly), can be approved as quickly as a month, but there may be a backlog of applications especially with COVID and the ban.

The only time you are permitted to live in the US is once the immigrant visa has been issued and you enter on it.

There was a recent case of somebody getting the I-130 approved in a month. Although this is like winning the lottery twice in a week...the norm was the better part of a year pre-COVID, and signs are it is not likely to speed up in the immediate future.