Starting Immigration process 2021

[DHLN 0]

Based on what you know as of 2021 and the backlog due to COVID, would you file for a K1 visa or CR1 visa? I am from Canada and my petitioner is from USA. Our priority would be fastest processing time so that we can be together. Delays with work is not an issue since we are both financially stable. I used to work in the US under a F1 visa so I have established a social security number and credit cards as well. (Although not sure how that social security number will be affected afterwards).  I appreciate your input!

[Crazy Cat 39,464]

For a couple who can visit, a CR-1 is the better choice imo.  The CR-1 is superior in several ways.

 

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

K-1   
    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.
    A denied K-1 is sent back to USCIS to expire
  

CR-1   

    Less expensive than K-1    
    No Adjustment of Status(I-485, I-131, I-765, I-944) required.    
    Spouse can immediately travel outside the US    
    Spouse is authorized to work immediately upon arrival.    
    Spouse often 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.
  �

 

****This topic has been moved to What Visa Do I Need*****

Edited March 4, 2021 by Lucky Cat

[mushroomspore 3,043]

4 minutes ago, Lucky Cat said:

For a couple who can visit, a CR-1 is the better choice imo.  The CR-1 is superior in several ways.

 

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

K-1   
    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.
    A denied K-1 is sent back to USCIS to expire
  

CR-1   

    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.
  �

 

****This topic has been moved to What Visa Do I Need*****

This needs to be pinned in the K1 and CR1 forums!

[Crazy Cat 39,464]

There are backlogs at USCIS, NVC, and consulates for both fiance and spousal visas.  In addition, the time between entering the US via a K-1 visa and having a green card in hand can be quite long, too.

[yvonme 124]

My decision to do K1 is because I didn’t  want to get married then say bye for however long I’ll be separated for and I’am not living in Australia to wait it out. I have property, assets, important role in my organization that I can’t leave the USA for. Processing times are getting better. Our date and time will come. 

[JFH 12,189]

We chose the CR-1 for various reasons. The biggest reason you will see people going for the K-1 is because they can't bear the thought of being married and not living together. But for us, apart was apart, married or otherwise. Once we had made the decision that we wanted to be together for the rest of our lives the fact that we were living apart until the visa approval did not change upon marriage. It was no worse living apart after the marriage than before. I really can't see, personally, how that can be an issue. Our main reason for the CR-1 was legal residency from day 1. I couldn't bear the thought of being 'in limbo' for months whilst USCIS decides whether to let me stay or not. Being able to work from day 1 was also a deciding factor. I didn't spend 7 years at university doing 2 degrees and 17 years climbing the corporate ladder to sit at home for months and let the industry move on without me. In my work, the longer you are out, the harder it is to get back in. I was a very independent person in the UK, owned a house, had a career, drove, travelled a lot both for work and pleasure, was not dependent on anyone for money. And I wanted to continue that when I moved here. I really didn't want to have to 'ask' my husband for money to get my hair cut or go out with friends whilst I was waiting for my EAD. I would have found the K-1 somewhat suffocating in being totally dependent on someone else. In some states you cannot even get a drivers license without an EAD. Fortunately that's not the case in my state but if it were, or if we had had to relocate to one where that is the case, I think I would have gone crazy.

 

 

[Dutchster 1,106]

Hi, 

 

My husband and I opted for the K-1 visa purely because we wanted to be together after the wedding. However, there is so much more to the K-1 visa in comparison to the CR-1 visa. After we married, I had to apply for Adjustment of Status (AOS) because otherwise I'd be out of status after the 90 days are up. In 2016, AOS costed $1,070. I believe it's now over $1200. Tennessee did not allow me a drivers license until I could show my work authorization card (EAD) or green card. So basically I was stuck at home, not being able to drive or work, until either was approved. Receiving my green card took about 9 months, not sure what the current lead times are. 

You are eliminating this with the CR-1. Yes, you will be separated after marrying, but upon entering the US with your CR-1 visa, you will be able to work, drive, etc. Of course, it's up to you and your SO what will work the best for you, but I hope our experiences help. 

[SalishSea 16,839]

21 hours ago, DHLN said:

. Our priority would be fastest processing time so that we can be together.

Either option will take 1.5-2 years.  A huge drawback to the K-1 would be that you won't be able to return to Canada and be readmitted to the United States for up to 8 months after arriving.

 

And just so you know, you won't be authorized to work (even remotely) during that 8 month period.