K1 vs CR1 Visa

[Redro 4,601]

4 hours ago, Huckleberry&Koala said:

We still think that we can't be apart as a married couple, so if we were to apply now, we would still apply to K1 despite waiting for greencard in the US. So i would not name it as short term vs long term since my and my hubby's emotions/opinions for what marriage mean didn't change ☺️ Eventually, it comes to a point what one can risk and compromise and not. In my case, we could and still would risk of not working and not having the greencard in the US for sometime but we can't risk of being apart as a married couple vs. in your case you can't risk not having greencard asap, and you can risk being apart as a married couple.

That's your completely valid opinion as a married couple and your right to go through the K1 process.

 

As a couple, we believe being married is not just about living together but being able to contribute to the relationship while maintaining autonomy. 

The K1 visa process can impede the freedom of the foreign national partner, burden the USC with all the financial responsibility, and place a lot of strain on the marriage. 

Living together shouldn't be the only factor you take into account when thinking about lifelong commitment. 

 

@inbriars as a Canadian you have the ability to travel to and from the US while you wait out the process (at CBP discretion).

Get married. File as soon as you can and then hope you get an IR1 visa not the CR1. 

This will give your 2 out of your 3 desires: together in person the quickest way possible, the cheapest way possible, and give me the quickest way to be eligible to work. 

Realistically speaking there is no "quickest way possible" so that wish was never going to be met. 

[MissLadyRea 206]

11 minutes ago, Kor2USA said:

That's your completely valid opinion as a married couple and your right to go through the K1 process.

 

As a couple, we believe being married is not just about living together but being able to contribute to the relationship while maintaining autonomy. 

The K1 visa process can impede the freedom of the foreign national partner, burden the USC with all the financial responsibility, and place a lot of strain on the marriage. 

Living together shouldn't be the only factor you take into account when thinking about lifelong commitment. 

 

@inbriars as a Canadian you have the ability to travel to and from the US while you wait out the process (at CBP discretion).

Get married. File as soon as you can and then hope you get an IR1 visa not the CR1. 

This will give your 2 out of your 3 desires: together in person the quickest way possible, the cheapest way possible, and give me the quickest way to be eligible to work. 

Realistically speaking there is no "quickest way possible" so that wish was never going to be met. 

This is very true. It isn't just about the beneficiary being there, it's about the beneficiary being HAPPY there. If you ask people who went through the k1 process a lot of them talk about how absolutely soul crushing it was to be unable to work, to have to FIGHT for a SSN, and to be reliant on the petitioner in literally every way.

I think a lot of people overlook how hard the process is, and then how much stress it puts on the relationship. The huge load that AOS paperwork is, the inability to drive (state dependent), inability to work, etc.

Waiting the current 12+ months for just NOA2 is very difficult, its been one of the hardest things for me personally. Waiting for someone else to set the next phase in motion. That doesn't get to end when you're there on a k1. You then have a list of tasks to do, at the same time as being unable to do just basic everyday things like work, drive, etc.

Really it should be; What is the happiest option for my partner and I (especially the beneficiary!!)? What will cause the least strain on our relationship as moving a country is ALREADY difficult without a buttload of paperwork to do. 

If you still consider paying considerably more, waiting a very similar amount of time, and being unable to work for 7+ months worth it, to each their own! I hope you choose the path and are confident in it.

[SalishSea 16,809]

3 hours ago, MissLadyRea said:

You can't determine it. It isnt location based. You'll find out after applying once it's sent to an embassy which one its at.

 

3 hours ago, MissLadyRea said:

once it's sent to an embassy

Not correct.  It won't go to an embassy until > one year after.

[inbriars 12]

3 hours ago, Kor2USA said:

as a Canadian you have the ability to travel to and from the US while you wait out the process (at CBP discretion).

Do you know if you are able to travel back and forth while either a K1 or CR-1 process?

[MissLadyRea 206]

21 minutes ago, Jorgedig said:

 

Not correct.  It won't go to an embassy until > one year after.

Bad wording on my part, I was referring to the service center, which you get with your reciept. Thus, why it was a reply to someone asking about how to determine which service center it would end up at.

Edited March 11, 2022 by MissLadyRea

[SalishSea 16,809]

1 minute ago, inbriars said:

Do you know if you are able to travel back and forth while either a K1 or CR-1 process?

Subject to CBP.  If they think you are spending too much time in the US, or if they suspect that you want to try to stay and adjust status, they will deny admission.  Either way, as someone with immigrant intent, expect more scrutiny, especially with frequent visits.

[inbriars 12]

Just now, Jorgedig said:

expect more scrutiny, especially with frequent visits.

I have been staying in one to two month chunks so I suspect that will not fly going forward...

I was thinking of bringing the previous two pay stubs and a letter from my employer when I travel to show intent of return. Thoughts?

[Redro 4,601]

1 minute ago, inbriars said:

Do you know if you are able to travel back and forth while either a K1 or CR-1 process?

Short answer: YES

Long answer: If your visits are too frequent and your stays in the US are super long and it appears you are living in the US not just visiting you might be refused entry the next time you try to enter the US. 

A VJ member reported his girlfriend was refused entry to the US a few days ago because CBP believed she was planning to work/live in the US (and no CR1 or K1 was on file). 

 

 

1 minute ago, inbriars said:

I have been staying in one to two month chunks so I suspect that will not fly going forward...

I was thinking of bringing the previous two pay stubs and a letter from my employer when I travel to show intent of return. Thoughts?

Are you working in the US while visiting? That is not allowed. 

[SalishSea 16,809]

Just now, inbriars said:

I have been staying in one to two month chunks so I suspect that will not fly going forward...

I was thinking of bringing the previous two pay stubs and a letter from my employer when I travel to show intent of return. Thoughts?

That could help.

 

Most adults are not in a position to just suddenly not go home for 8-12 months, so any evidence of a life/ties in Canada could be helpful.

[inbriars 12]

1 minute ago, Kor2USA said:

Are you working in the US while visiting? That is not allowed. 

Haha no I am definitely not because that's illegal but I do appreciate you double checking. I am fortunate to have a job that allows me the flexibility to have time off but I am very much employed here in Canada. I stayed last summer and in the winter because I wanted to spend as much time together as possible, and also, winter here is the worst.

[inbriars 12]

3 minutes ago, Jorgedig said:

That could help.

Thank you for your replies and overall help, we really appreciate it.

I looked at your timeline and noticed you guys went with the K1. Do you have any opinions or advice on that process?

[Redro 4,601]

3 minutes ago, inbriars said:

Haha no I am definitely not because that's illegal but I do appreciate you double checking. I am fortunate to have a job that allows me the flexibility to have time off but I am very much employed here in Canada. I stayed last summer and in the winter because I wanted to spend as much time together as possible, and also, winter here is the worst.

LOL! A poster in the tourist visa forum just received a B1/B2 visa and has a I-130 on file (or at least it looks like he will get it). So, I wouldn't worry too much about visiting. Just don't spend more time in the US than time in Canada. 

 

[SalishSea 16,809]

6 minutes ago, inbriars said:

Thank you for your replies and overall help, we really appreciate it.

I looked at your timeline and noticed you guys went with the K1. Do you have any opinions or advice on that process?

Yes we did, in 2018.  Would not go the same route today, knowing what we know now about the process (and especially with processing times being what they are now).   Back then, EAD/AP took 4 months.  Now it is up to one year.  And we live in a state where driver's licenses are issued without regard to immigration status, which is not the case everywhere.  My husband would have gone mad if he'd been unable to drive or work for a year!  Both are a big part of his identity.

 

We waited 14 months for his AOS interview, and now we are prepared to wait two years or more to remove conditions.  

 

Watching what happened worldwide to the K-1s during the pandemic was what cinched my opinion however;  'fiance' is not a legal status or term, and they essentially were relegated to the lowest priority, the highest being given to actual relatives of USCs (such as spouses).

[poh 125]

K-1 is best if you are unsure about getting married.  It's like a trial period for both of you   if you know you are getting married without a doubt go the CR1 route.  It really depends on your circumstances too . 

But if married less than 2 years you still need to paperwork and pay the fees for AOS and ROC.   In terms of supporting evidence you can reuse them with updates so makes it bit easier when applying. 

In a way , k1 and CR1 are about the same.  Just do what feels best for you. 

 

 

 

 

 

Edited March 14, 2022 by poh

[Redro 4,601]

52 minutes ago, poh said:

K-1 is best if you are unsure about getting married.  It's like a trial period for both of you   if you know you are getting married without a doubt go the CR1 route.  It really depends on your circumstances too . 

But if married less than 2 years you still need to paperwork and pay the fees for AOS and ROC.   In terms of supporting evidence you can reuse them with updates so makes it bit easier when applying. 

In a way , k1 and CR1 are about the same.  Just do what feels best for you. 

 

 

 

 

 

You should only file K1 or IR1/CR1 if you are sure you want to be with the person. 

There is no "trial period".

The break up will be easier if you are not married but either petition can be cancelled after it is filed. 

This member's partner was denied entry when he replied he might not marry her. 

Edited March 14, 2022 by Kor2USA