Decision and steps at beginning of Visa process

[Patrick84 0]

Hello to all,

 

My name is Patrick and I recent got engaged with my girlfriend of 3+ years, of Thai nationality.

 

We were originally planning to pursue the CR-1 route, getting married in Thailand in the fall (contingent on current situation and how things progress) and then immediately start the visa process. We originally thought of the K1 visa, but decided it may not be ideal due to the processing period where she has to stay in the US and not able to return home for any family emergencies (a relative with medical condition that has ups and downs related to health).

 

However I recently was told that K1 with Advanced Parole could be an option. From everything I have read, it seems possible albeit 100% discretionary whether or not parole is granted. I wanted to pose the question to the group for anyone who has gone through a similar decision and/or gone through the actual steps of either visa process.

 

Any insight or guidance to navigate this process and the best way of moving forward would be greatly appreciated.

 

Thanks,
Patrick

[Crazy Cat 39,192]

***Moved to What Visa Do I Need? ****

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 6-8 months)    
    Spouse can not work until she/he receives EAD (approx 6-8 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.
  �

 

Edited July 25, 2021 by Lucky Cat

[aaron2020 11,651]

It can take 6-8 months to get AP.  It will 100% be granted.

With a need to travel outside the US after coming to the US, then the CR-1 is the way to go.

Edited July 25, 2021 by aaron2020

[Chancy 6,233]

30 minutes ago, Patrick84 said:

I recently was told that K1 with Advanced Parole could be an option.

 

There is no K1 visa that comes with Advance Parole (AP).  But your spouse-to-be can apply for AP after entering the US with a K1 visa and marrying you.  So she would still need to spend some time in the US without the ability to travel freely while waiting for her AP.  Currently, it takes 6 months or so to get AP.  There are some people here on VJ who waited or are waiting close to a year to get theirs.

 

My spouse and I have the same concerns as you about possibly needing to travel due to family emergencies.  That's the biggest reason we chose the CR1/IR1 route.

 

[Lucky2Lucky 2,526]

 If you think there may be emergencies in your fiancé’s family where she would need to travel immediately you are better going the CR1 route. It took our cousin 10 months to get AP (a full year after arrival in the USA) 

[Patrick84 0]

Thank you all for the quick replies! I had the feeling that it sounded too good to be true when hearing about the advance parole option.

 

Looks like back to planning for CR-1.