Choosing a K-1 Fiance or CR-1 Spouse Visa in 2021

[Crazy Cat 39,220]

1 hour ago, GringoHombre said:

lol I shouldn't have asked, now I regret not having gone that route

 

To be fair, expediency of getting her into the US is probably the biggest consideration for us, the rest doesn't matter so much.  I appreciate the quick response Lucky Cat!

 

 

K-1s haven't been too expedient this year.....and the limbo period between arrival and getting a green card is not a piece of cake, I have been told.....but life is full of choice (emotional, short term  and long term) and consequences.  Good luck.

I have yet to see a single couple who chose a CR-1 say they should have opted for a K-1.  However, there are plenty of K-1 couples who regretted their choice.  Anyway, most of us here on VJ try to help people make educated choices....what ever their personal choice is.

Edited January 6, 2021 by Lucky Cat

[GringoHombre 3]

1 minute ago, Lucky Cat said:

K-1s haven't been too expedient this year.....and the limbo period between arrival and getting a green card is not a piece of cake, I have been told.....but life is full of choice (emotional, short term  and long term) and consequences.  Good luck.

I have yet to see a single couple who chose a CR-1 say they should have opted for a K-1.  However, there are plenty of K-1 couples who regretted their choice.  Anyway, most of us here on VJ try to help people make educated choices.

We'll see how it plays out, Fiancé has been here for almost 6 months now on her B2 visa and before I was staying with her in Mexico.  Just got our NOA2 so we are making good progress but have to wait for NVC and consulate appointment; she's headed back shortly and we'll be awaiting the next step I suppose.  Depending on COVID vaccinations and timing I might go out there for a few months or she might come back in a few months; we'll see what happens   

[DaveAndAnastasia 2,078]

10 minutes ago, Lucky Cat said:

K-1s haven't been too expedient this year.....and the limbo period between arrival and getting a green card is not a piece of cake, I have been told.....but life is full of choice (emotional, short term  and long term) and consequences.  Good luck.

I have yet to see a single couple who chose a CR-1 say they should have opted for a K-1.  However, there are plenty of K-1 couples who regretted their choice.  Anyway, most of us here on VJ try to help people make educated choices.

I'd think the logic for filing for a K-1 this year would be along the lines of "we can't reasonably* see each other to get married anyway, so we might as well let the petition process as far it can in the meantime so we'll be that much closer when visa processing resumes".

 

The reason we did a K-1 back in 2018 was mostly that I thought given the complications @millefleur noted up-thread with marrying in Russia, that San Diego was processing AOS relatively quickly, and that we probably wouldn't have been able to do a third-country wedding until at least a few months after we actually did file the K-1 it made more sense for us.

 

 * Different couples will have different ideas about what's reasonable given travel restrictions and their own ideas about what's safe even if it's legal.

[Ryan H 3,790]

Moved from K1 Process & Procedures to What Visa Do I Need - Family Based Immigration forum.

[Crazy Cat 39,220]

34 minutes ago, DaveAndAnastasia said:

I'd think the logic for filing for a K-1 this year would be along the lines of "we can't reasonably* see each other to get married anyway, so we might as well let the petition process as far it can in the meantime so we'll be that much closer when visa processing resumes".

Agree.  

 

35 minutes ago, DaveAndAnastasia said:

* Different couples will have different ideas about what's reasonable given travel restrictions and their own ideas about what's safe even if it's legal.

Agree.  Priorities are different for different people.  Nothing wrong with that at all....🙂

[HRQX 4,145]

4 hours ago, Chauncey said:

but I believe you can apply for a social security number and receive one within a couple of weeks of arriving to the US

It currently depends on local conditions if the applicant wants to go in-person: https://www.ssa.gov/coronavirus/

I need help with my Social Security Number (SSN)

We are prioritizing requests for in-person SSN services for:

• Individuals age 12 or older applying for their first SSN card.
• Individuals who need to update or correct their SSN information (such as your name, date of birth, or citizenship) to obtain income, resources, or medical care or coverage, or other services or benefits (for example filing a tax return, applying for housing, or seeking an Economic Impact Payment).

If you believe you qualify for an in-person appointment, call your local office. You can look up the phone number for your local office by accessing our office locator. Please note that appointments may not be immediately available, depending on local health and safety conditions and staffing.

 

An alternate option is to mail-in your original passport with SS-5 form and hope for the best (i.e. that your passport isn't misplaced by SSA or USPS).

4 hours ago, RainyJupiter said:

Is that so? It would save me a lot of stress for the living situation.

See above info. Also, initial SSN deadline is 76 days after K-1 entry: https://secure.ssa.gov/poms.nsf/lnx/0110213300

If, within the next 14 calendar days from the current date, either the person’s lawful alien evidence expires or the person’s lawful alien status expires, do not process the SSN application. In these situations, SSA cannot print and mail the SSN card to the applicant before the lawful alien document or alien status expires. Instead, provide written notice (SSA-L676, Refusal to Process SSN Application) to the applicant explaining why you cannot process the SSN application and delete the application.

Edited January 6, 2021 by HRQX

[Adventine 3,187]

1 hour ago, DaveAndAnastasia said:

I'd think the logic for filing for a K-1 this year would be along the lines of "we can't reasonably* see each other to get married anyway, so we might as well let the petition process as far it can in the meantime so we'll be that much closer when visa processing resumes".

 

(snip)

 

 * Different couples will have different ideas about what's reasonable given travel restrictions and their own ideas about what's safe even if it's legal.

I agree with this line of thinking. The spousal visa route assumes that it's possible for the couple to meet up to get married. But for many, getting married has become increasingly complex. Each couple has to take into account their locations, travel restrictions, visa restrictions, flight availability, ease of obtaining required government documents, how much time they can take off work to travel/quarantine, sudden last minute lockdowns, and of course the threat of a dangerous and highly infectious disease. And we haven't even gotten into the couple's personal preferences for what kind of wedding they want to have.

 

If, given all these factors, it's not possible or feasible to get married, some couples would prefer the K1 visa so that at least they "get in line," so to speak.

Edited January 6, 2021 by Adventine

[HKS 169]

A thought.... and others may now the complications with this line of thinking ....

what about applying for a K-1 and if you happen to get a chance to marry then apply for CR1 later? 
When we applied for CR1/IR1, my lawyer said we could still apply for K-1 even though we were already married. 

 

[SalishSea 16,770]

1 minute ago, HKS said:

When we applied for CR1/IR1, my lawyer said we could still apply for K-1 even though we were already married. 

This is absolutely incorrect.  One of the few requirements for the K-1 visa, is that both parties are unmarried.

[Adventine 3,187]

4 minutes ago, HKS said:

A thought.... and others may now the complications with this line of thinking ....

what about applying for a K-1 and if you happen to get a chance to marry then apply for CR1 later? 
When we applied for CR1/IR1, my lawyer said we could still apply for K-1 even though we were already married. 

 

 

I am sorry that you paid for such bad advice from your lawyer. The K1 is impossible once you are both married.

[Caboose29 172]

1 hour ago, DaveAndAnastasia said:

I'd think the logic for filing for a K-1 this year would be along the lines of "we can't reasonably* see each other to get married anyway, so we might as well let the petition process as far it can in the meantime so we'll be that much closer when visa processing resumes".

This is the primary reason I'm considering the the K1 in this environment, although I did just see my fiancee last month in Turkey.   If there's a significant "head start" with the K1 that will be realized all the way through, I could see going that route.  But I've read that CR1s are being processed now, while many, if not most K1s are still in the holding pattern.  So the extra time for a CR1 seems superfluous compared to the K1 then the "advantage" of being able to visit my finacee, nee wife in Russia seems to be worth that route alone.  The money savings with the CR1 would probably be spent on traveling to see my fiancee, so the cost difference seems like a wash.  However, the benefits on the backend for the CR1 seem like they may well have very tangible benefits.

 

Is my logic sound?

[HRQX 4,145]

2 minutes ago, HKS said:

what about applying for a K-1 and if you happen to get a chance to marry then apply for CR1 later?

Very simple. Upon marriage the couple no longer meets the "free to marry" K-1 requirement. Thus, cannot proceed with the pending K-1.

4 minutes ago, HKS said:

my lawyer said we could still apply for K-1 even though we were already married. 

That is incorrect. Maybe the lawyer meant the obsolete K-3 (which would require new I-129F filing). https://www.uscis.gov/family/family-of-us-citizens/k-3k-4-nonimmigrant-visas "because USCIS now takes less time to adjudicate the Form I-130, the current need for K-3 and K-4 visas is rare."

[Orangesapples 1,954]

10 minutes ago, HKS said:

A thought.... and others may now the complications with this line of thinking ....

what about applying for a K-1 and if you happen to get a chance to marry then apply for CR1 later? 
When we applied for CR1/IR1, my lawyer said we could still apply for K-1 even though we were already married. 

 

Fire the lawyer. One of the requirements for a K1 is that both parties are free to marry. 

[HKS 169]

5 minutes ago, HRQX said:

Very simple. Upon marriage the couple no longer meets the "free to marry" K-1 requirement. Thus, cannot proceed with the pending K-1.

That is incorrect. Maybe the lawyer meant the obsolete K-3 (which would require new I-129F filing). https://www.uscis.gov/family/family-of-us-citizens/k-3k-4-nonimmigrant-visas "because USCIS now takes less time to adjudicate the Form I-130, the current need for K-3 and K-4 visas is rare."

Ohhh u know your right. My bad. Its been 2 years since I started this. Forgot. 
 

[Strawberrymermaid 346]

12 hours ago, Caboose29 said:

This is the primary reason I'm considering the the K1 in this environment, although I did just see my fiancee last month in Turkey.   If there's a significant "head start" with the K1 that will be realized all the way through, I could see going that route.  But I've read that CR1s are being processed now, while many, if not most K1s are still in the holding pattern.  So the extra time for a CR1 seems superfluous compared to the K1 then the "advantage" of being able to visit my finacee, nee wife in Russia seems to be worth that route alone.  The money savings with the CR1 would probably be spent on traveling to see my fiancee, so the cost difference seems like a wash.  However, the benefits on the backend for the CR1 seem like they may well have very tangible benefits.

 

Is my logic sound?

These were also my thoughts, which is why I filed the I-129F in July. No movement on the case, and I don't expect NOA2 until March/ April, and then an undetermined wait at the embassy.

 

I'm in a group of people waiting for Moscow embassy, and unfortunately, CR-1 visas are not being interviewed either. There's people trying to transfer their cases desperately since even expedited cases are not being interviewed. There's people that have been waiting for an interview for over a year. There's a HUGE backlog. So trying to choose whichever one is fastest is not going to work, since both are going to be a very long wait. The benefits of the CR-1 far outweigh the K1 to me, like you said being able to visit them, and actually being married. 

Edited January 6, 2021 by Strawberrymermaid