with the current backlog which avenue would you recommend

[gstrength 20]

Hello everyone and thank you in advance.

My cousin (A Colombian citizen) is marrying a USC but, with the current backlog in USCIS, which avenue will be most recommended? K-1 route or CR1.

Also, my cousin has a nine year old boy, would he be able to travel with his mother?, would the USC can petition for him?
Thank you for your advice

[JeanneAdil 6,247]

most of the backlog is at the embassy end /waiting for interview to be scheduled/  office processing times here for USCIS times change frequently due to case loads

 

K1 has derivative petition of a minor child

Cr1 child would need separate petition

 

if she married in Columbia or  is married,  the USC can only apply for CR1

 

minor child would need permission from other parent to immigrate 

 

go to homepage here on VJ and look at the posts for K1 v CR1 (Under Community Spotlight lower left)  

[Chancy 6,233]

*** Moved from Bringing Family of USC forum to What Visa Do I Need -- OP is asking about recommended visa option ***

 

[gstrength 20]

They have not married yet, not until they determine which avenue would allow them to be together the fastest.

On your response you said if they go the cr1 route, the child would need a separate petition, this would be filed by the USC at the same time as the mother's?  or the mother will have to wait until she is a USC and then petition for the child

thank you again

[SusieQQQ 11,585]

28 minutes ago, gstrength said:

They have not married yet, not until they determine which avenue would allow them to be together the fastest.

On your response you said if they go the cr1 route, the child would need a separate petition, this would be filed by the USC at the same time as the mother's?  or the mother will have to wait until she is a USC and then petition for the child

thank you again

The separate petition for the stepchild can be filed at the same time as the spouse. The marriage would have to happen before both of these obviously. 
For fiancé the child can be a derivative on the same petition 

Bear in mind there are many more hoops to jump through in the process if you do k1 first rather than CR1, im sure someone here will post the differences (there is a standard post people use)

Also it is highly recommended for one or both of your cousin and his intended spouse to get an account here and make sure they understand the information. 

[Mor 6]

HI.. It all depends whether if you want the person here quick, but can't work right away OR take a little longer to arrive with papers and ability to work. If the beneficiary has a minor and has other parent's permission, you apply at the same time completing the I-130. This application does ask if you are petitioning any children.  The way we did it, I went to Colombia and got married through court at the Notario (small and quick), came back to the states and filed the paperwork right away. Then returned about 2 months later for the reception with the family etc... We did this to get the paperwork going since this is the process that takes the longest. Now, its just waiting, but we got a 2 month jump on wait time. With the K1, yes they get here quicker, 90 days to marry and then do an Adjustment of Status (I have heard this takes time, and almost as long as of you would of filed the CR1-), however you can't work until you got a social security number. With CR-1, yes its about a year, but when person arrives, their SS# should arrive shortly and can work. So it all depends what you prefer.  Hope this helps.

[DaveAndAnastasia 2,079]

I've said before and will say again that you shouldn't use processing times (which can go up or down by quite a lot in a short period of time) except in the most general sense (aka if you do a K-1 you have to do AOS and can't work without an EAD or travel outside the US and return without a new visa without AP, but don't make any assumptions based on how long this will take) or government fees (which are a tiny part of the costs in an international relationship in most cases) to decide what's best for you.

 

Figure out what process meets your needs best, and go with that.

[Redro 4,601]

On 7/20/2022 at 7:43 AM, Mor said:

HI.. It all depends whether if you want the person here quick, but can't work right away OR take a little longer to arrive with papers and ability to work. If the beneficiary has a minor and has other parent's permission, you apply at the same time completing the I-130. This application does ask if you are petitioning any children.  The way we did it, I went to Colombia and got married through court at the Notario (small and quick), came back to the states and filed the paperwork right away. Then returned about 2 months later for the reception with the family etc... We did this to get the paperwork going since this is the process that takes the longest. Now, its just waiting, but we got a 2 month jump on wait time. With the K1, yes they get here quicker, 90 days to marry and then do an Adjustment of Status (I have heard this takes time, and almost as long as of you would of filed the CR1-), however you can't work until you got a social security number. With CR-1, yes its about a year, but when person arrives, their SS# should arrive shortly and can work. So it all depends what you prefer.  Hope this helps.

K1 is not always "quicker" these days... and timelines vary for each couple.

 

One should look at historical data from VJ for the country they're interviewing at.

K1 for Colombia: last 10 filing to interview---> 345- 444 days.

IR1/CR1 for Colombia: last 10 filing to interview---> 304-705 days

 

Then decide if they want to file an I-129F and have the son be a derivative and apply for two separate adjustments when they arrive in the US

OR

If they want to file two I-130s and keep the two petitions together so mom and son can move to the US together. 

 

Don't just think of speed and backlog. Think about all the factors involved.