CR-1 & Travel

[poochopolis 5]

Hello All!

 

Fiance (India resident) and I initially planned to file for K-1, as per the timelines on travel.gov, the wait times seemed to be shorter than the CR-1 option in terms of getting to be together in person. However, I recently found this site and have been scouring the forums and see a surprising amount of chorus for the K-1 over the CR-1. I was under the impression that if we were to marry in his home country and then apply for CR-1/K3, he would not be able to travel to US to visit me while we wait for processing. Is that not the case? If I am mistaken, how soon after applying for CR-1 can my would be spouse visit me in the US? Thank you, all! 

[Crazy Cat 41,981]

Visiting during process for a K-1 or a CR-1 is legal and possible.  Each entry is at the discretion of CBP.  Many spouses visit the US during the process.  

 

 

[Letspaintcookies 2,310]

They can visit whenever they want. There's no waiting period. Entry is at the discretion of CBP as for everyone. Does your fiance already has a travel visa? 

[Crazy Cat 41,981]

9 minutes ago, poochopolis said:

and see a surprising amount of chorus for the K-1 over the CR-1.

That has not been my observation.  Many people feel the CR-1 is superior:

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.
   

 

 

[Bajinga 136]

CR-1  process by itself does not provide any visiting privileges. But if your spouse already has a tourist visa they can legally visit during the process, every visit will be at the discretion of the CBP officer so be prepared to show strong ties to the home country.

Edited September 2, 2022 by Bajinga

[pushbrk 12,979]

56 minutes ago, Letspaintcookies said:

They can visit whenever they want. There's no waiting period. Entry is at the discretion of CBP as for everyone. Does your fiance already has a travel visa? 

Calling a technical foul here.  THIS beneficiary would be coming from India, would need to apply for an receive a visitor visa before visiting.  A person getting one during a spouse visa process or even when having immigrant intent, would be a UNICORN.

 

India is not Europe.

Chances are, THIS foreigner will never "visit" the USA.  They will use their eventual immigrant related visa to come to the USA to live permanently, not to "visit".

 

Edited September 2, 2022 by pushbrk

[Letspaintcookies 2,310]

9 hours ago, pushbrk said:

Calling a technical foul here.  THIS beneficiary would be coming from India, would need to apply for an receive a visitor visa before visiting.  A person getting one during a spouse visa process or even when having immigrant intent, would be a UNICORN.

 

India is not Europe.

Chances are, THIS foreigner will never "visit" the USA.  They will use their eventual immigrant related visa to come to the USA to live permanently, not to "visit".

 

Well good that you know that the fiance doesn't already have a visitor visa. I didn't, hence my question. 

[Chancy 6,241]

13 hours ago, poochopolis said:

I was under the impression that if we were to marry in his home country and then apply for CR-1/K3, he would not be able to travel to US to visit me while we wait for processing. Is that not the case?

 

There is a mega-thread about visiting the US during the CR1 process for those who have an existing US visa (or ESTA).  If your spouse-to-be does not already have a valid US tourist visa, it would be next to impossible to get one with a pending immigrant petition.

 

 

[pushbrk 12,979]

3 hours ago, Letspaintcookies said:

Well good that you know that the fiance doesn't already have a visitor visa. I didn't, hence my question. 

I don't/didn't know.  I simply did not assume they did.  Usually, Indians do not.  Advice is only valuable if it matches actual circumstances.  Assumptions about circumstances are often incorrect.