K-1 vs. CR-1 for U.K. Immigrant

[CTCR 0]

Hi, everyone!

 

I’m a first-time poster here, just trying to make sense of this whole confusing process before diving in. Any advice or recommendations from people who are either currently in the same boat or have already finished their visa process would be very much appreciated.

 

My fiancé and I are getting ready to submit our visa petition. He’s currently in the UK, and I’m the US citizen. We’re going to do the K-1 visa, so he can move here and we can get married. However, after seeing some other posts on here, I’m starting to wonder if we should get married first and then do the CR-1 visa instead.

 

If I’m understanding correctly, it basically involves the same forms, filing fees, and proof required for both visas. However, the K-1 splits the mountain of paperwork in half (before and after the move to the US and the marriage, pretty much) and leaves him waiting for the second half to be completed before he can work here, travel again, or get his green card. Meanwhile, the CR-1 would mean we’d tackle the whole mountain of paperwork first, and then he can essentially hit the ground running when he gets here because everything (adjustment of status, green card, etc.) is already done.

 

I guess my question here is, which one makes more sense for us to do? He’s pretty concerned with financial implications, both in terms of filing fees and proof of income, since we’re both freelancers. The ability for him to travel again sooner would be pretty important, since he has an elderly mother who’s staying in the UK. Both of us are just anxious to get it done and done right, without getting too stressed out over it all.

 

Obviously, being together sooner would have its perks, but I’m under no illusion that either of these options will be quick. Instead, I’m looking for the more efficient option, as well as the least stressful option (if there even is one). So, for those of you who have gone through these processes before us, is it easier, financially and in terms of paperwork, to deal with it in chunks and do the K-1? Was it worth doing it all at once for the CR-1? For the immigrants in this equation, which one was easier on you once you were here in the US?

 

Any perspectives anyone can share on the pros and cons of either of these visas, particularly from the immigrant’s perspective, would be super helpful. I just want to make sure we pick the right visa and that his process of moving here goes as smoothly as possible, even after he’s landed.

 

Thanks!

[Crazy Cat 39,677]

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 K-1 might be a better choice when 18-21 year old children are immigrating also
    In some situations, marriage can affect certain Home country benefits, making a K-1 a better choice   
    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.
   

 

[mushroomspore 3,043]

33 minutes ago, CTCR said:

Hi, everyone!

 

I’m a first-time poster here, just trying to make sense of this whole confusing process before diving in. Any advice or recommendations from people who are either currently in the same boat or have already finished their visa process would be very much appreciated.

 

My fiancé and I are getting ready to submit our visa petition. He’s currently in the UK, and I’m the US citizen. We’re going to do the K-1 visa, so he can move here and we can get married. However, after seeing some other posts on here, I’m starting to wonder if we should get married first and then do the CR-1 visa instead.

 

If I’m understanding correctly, it basically involves the same forms, filing fees, and proof required for both visas. However, the K-1 splits the mountain of paperwork in half (before and after the move to the US and the marriage, pretty much) and leaves him waiting for the second half to be completed before he can work here, travel again, or get his green card. Meanwhile, the CR-1 would mean we’d tackle the whole mountain of paperwork first, and then he can essentially hit the ground running when he gets here because everything (adjustment of status, green card, etc.) is already done.

 

I guess my question here is, which one makes more sense for us to do? He’s pretty concerned with financial implications, both in terms of filing fees and proof of income, since we’re both freelancers. The ability for him to travel again sooner would be pretty important, since he has an elderly mother who’s staying in the UK. Both of us are just anxious to get it done and done right, without getting too stressed out over it all.

 

Obviously, being together sooner would have its perks, but I’m under no illusion that either of these options will be quick. Instead, I’m looking for the more efficient option, as well as the least stressful option (if there even is one). So, for those of you who have gone through these processes before us, is it easier, financially and in terms of paperwork, to deal with it in chunks and do the K-1? Was it worth doing it all at once for the CR-1? For the immigrants in this equation, which one was easier on you once you were here in the US?

 

Any perspectives anyone can share on the pros and cons of either of these visas, particularly from the immigrant’s perspective, would be super helpful. I just want to make sure we pick the right visa and that his process of moving here goes as smoothly as possible, even after he’s landed.

 

Thanks!

Just on the fact that it's important for him to travel means you should definitely go for CR1. K1 plus adjustment is cumbersome, annoying and he will most certainly go insane not being allowed to leave the US. K1 and adjustment of status are also separate processes, meaning separate fees for both, meaning a higher grand total when you add it all up. CR1 is a much more efficient process on the basis that it automatically makes the immigrant a green card holder/permanent resident upon entry with the visa.

Edited July 25, 2022 by mushroomspore

[Dashinka 23,382]

I agree, CR1.  Also, as @Crazy Catshowed, the CR1 is cheaper.  

[CTCR 0]

14 hours ago, Crazy Cat said:

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 K-1 might be a better choice when 18-21 year old children are immigrating also
    In some situations, marriage can affect certain Home country benefits, making a K-1 a better choice   
    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.
   

 

Thank you! We're definitely starting to lean toward the CR-1. Him not being able to work for a while after is a huge concern for us, so that alone sells the CR-1. 

14 hours ago, mushroomspore said:

Just on the fact that it's important for him to travel means you should definitely go for CR1. K1 plus adjustment is cumbersome, annoying and he will most certainly go insane not being allowed to leave the US. K1 and adjustment of status are also separate processes, meaning separate fees for both, meaning a higher grand total when you add it all up. CR1 is a much more efficient process on the basis that it automatically makes the immigrant a green card holder/permanent resident upon entry with the visa.

Thank you! Is the difference in total fees really that significant? 

[DaveAndAnastasia 2,079]

4 hours ago, CTCR said:

Thank you! Is the difference in total fees really that significant? 

Not really, IMO. You'll probably visit each other at least once more over the course of the CR-1 process than you would over the course of the K-1 process, and that basically takes care of anything you saved in fees (unless things drag on long enough that you end up with an IR-1 and so skip ROC ... but then you're probably way more than one additional visit vs a K-1).

 

But the lost income of the intending immigrant not working for 6 months or more ... that can very significant even if you're working a pretty low-wage job (or not significant at all if they're retired or planning to be a stay at home parent or otherwise not work outside the home).

Edited July 26, 2022 by DaveAndAnastasia

[Redro 4,602]

8 hours ago, CTCR said:

Thank you! We're definitely starting to lean toward the CR-1. Him not being able to work for a while after is a huge concern for us, so that alone sells the CR-1. 

Thank you! Is the difference in total fees really that significant? 

Cost of CR1

I-130= $535

I864 - $120

DS260- $325

Medical- depends where you go

GC fee- $220

 

Cost of K1 

I-129F- $535

DS160- $265?

Medical- depends on where you go

I-485- $1125

 

I believe costs are going up soon though. 

[DaveAndAnastasia 2,079]

48 minutes ago, ROK2USA said:

I believe costs are going up soon though. 

Well, they're almost certainly going up. Soon, though? I doubt it.

 

The fee changes (almost entirely increases) the previous administration proposed were thrown out in court before taking effect, and the current administration hasn't, as far as I know, put a new proposal out there yet.

 

Which means it'll be well over a year before any new fee rates take effect, I think.