Should I apply for K1 or get married and apply for spouse visa

[WonderingRobort 2]

I’m USA citizen originally from Pakistan.

I got engaged to Pakistani girl in Pakistan. Should I apply her K1 visa now or get married in Pakistan and apply for spousal visa? 

I can get married in pakistan but for Pakistanis there is too much back log for spouse visas. The Islamabad embassy is currently send interviews for those with DQ May 2021. So I’m estimating it would take 3-4 years. Will K1 visa processing be any faster?

 

Should it be wise that I apply for K1 visa and postpone the marriage? Any advice would be highly appreciated. Thanks.

[Boiler 43,597]

They seem to be about the same

 

IR1 has many advantages

[Crazy Cat 39,388]

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.
   

 

[WonderingRobort 2]

9 minutes 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.
   

 

Thanks a lot for reply.

 
Which one will take less time (considering backlogs in Islamabad embassy)? The only priority at this time is to bring her here as soon as possible to live together. 

[WonderingRobort 2]

40 minutes ago, Boiler said:

They seem to be about the same

 

IR1 has many advantages

Hmmm, time wise there is no advantage for K1? I’m reading here on some post that K1 visa process sooner than Spouse visa.  This is the only reason I’m considering K1. 

[TBoneTX 43,253]

Thread is moved to the "What Visa" forum.

[Crazy Cat 39,388]

Per other VJ members, this is the average time from filing to Interview.  Your time may vary:

 

K-1: 590 Days

CR-1: 616 Days

 

 

[Rocio0010 5,570]

How did you get your citizenship?

[Mike E 11,724]

11 hours ago, Crazy Cat said:

Per other VJ members, this is the average time from filing to Interview.  Your time may vary:

 

K-1: 590 Days

CR-1: 616 Days

 

 

 

For the past 90 days the numbers are:

 

https://www.visajourney.com/timeline/stats.php?history=90 K-1: 564 days 

 

https://www.visajourney.com/timeline/irstats.php?history=90 CR/IR -1: 473 days

 

The I-130 path is faster. 

[SteveInBostonI130 3,328]

For CR1, one advantage for the long processing time for Islamabad is that by the time of the interview you would be married for 2 years and she will get an IR1.  No ROC process to have to worry about.  10 yr green card when she arrives and no multiple trips to the DMV/RMV, social security office, etc.

 

For the K1, after the same amount of waiting, she will still just be a K1 fiance and after entering the US and getting married, you will need to file for AOS (I-485, I-765, I-131, I-864, perhaps even an I-693) and then ROC (I-751).  You would more than likely need to make several trips to the DMV/RMV because they would probably give her a 1 yr or 2 yr driver's license at first.  Same with social security if they give her the restricted ssn card.

[JeanneAdil 6,221]

K1  you will also note the price to adjust status after US marriage is going from $1225 to $2820 with the added ROC fee after getting 2 year green card $1195

 

K1 use to be superior but now,  it takes as long and is far more expensive

[Mike E 11,724]

RoC is an issue if you want to travel after your 2 year gc is expired while your 10 year gc is pending. While pending you get an extension letter.  We are seeing more reports of airlines denying boarding to those with extension letters.  USCIS is doing an excellent job of spreading the FUD: https://www.uscis.gov/i-131a

 

If you have an expired Green Card, you may not need to file Form I-131A. Although regulations generally require an LPR to travel with a valid Green Card, U.S. Customs and Border Protection (CBP) policy allows a transportation carrier bound for the United States to let you to board without carrier documentation if you are:

• An LPR with an expired Green Card that was issued with a 10-year expiration date (and you have been outside of the U.S. for less than a year);
• An LPR who has an expired Green Card with a two-year expiration date and you also have Form I-797, Notice of Action, showing that you filed Form I-751, Petition to Remove Conditions on Residence, or Form I-829, Petition by Investor to Remove Conditions on Permanent Resident Status (and you have been outside of the U.S. for less than a year). The Notice of Action extends the validity of the card for a specified length of time, generally two years; or
• An LPR military service member or employee of the U.S. government (or an LPR dependent of such an individual) on official U.S. military or government travel orders, regardless of time outside of the United States.

Check with your airline or transportation carrier before you file Form I-131A because in some situations, they may still refuse to let you board even if you are in one of the categories above. In that case, you will need to file Form I-131A

[WonderingRobort 2]

21 hours ago, Rocio0010 said:

How did you get your citizenship?

It was more than five years ago via family relationship (not marriage). 

[MissMuffin 4]

On 2/11/2023 at 8:27 PM, Crazy Cat said:

Per other VJ members, this is the average time from filing to Interview.  Your time may vary:

 

K-1: 590 Days

CR-1: 616 Days

 

 

I  am in the same

 

On 2/11/2023 at 6:51 PM, WonderingRobort said:

I’m USA citizen originally from Pakistan.

I got engaged to Pakistani girl in Pakistan. Should I apply her K1 visa now or get married in Pakistan and apply for spousal visa? 

I can get married in pakistan but for Pakistanis there is too much back log for spouse visas. The Islamabad embassy is currently send interviews for those with DQ May 2021. So I’m estimating it would take 3-4 years. Will K1 visa processing be any faster?

 

Should it be wise that I apply for K1 visa and postpone the marriage? Any advice would be highly appreciated. Thanks.

I am about to start the process with my fiance as well. There is a 6 month time frame difference between the K1 and the Spouse Visa for us. Despite the fact that I want him here with me as soon as possible, we decided to go with the Spouse visa because it will be so much cheaper, easier to obtain and easier for me  because  he would able to work almost immediately after arriving here versus myself having to take on a 3rd job to support him to. And they are talking about raising the fees in the next couple of months. The Spousal visa won't go up too drastically but the K1 will.

 

According to a previous reply, the time difference for you and your fiance is a month. I'd definitely go the Spousal Visa route if I were you. 

[WonderingRobort 2]

On 3/2/2023 at 3:07 AM, MissMuffin said:

I  am in the same

 

I am about to start the process with my fiance as well. There is a 6 month time frame difference between the K1 and the Spouse Visa for us. Despite the fact that I want him here with me as soon as possible, we decided to go with the Spouse visa because it will be so much cheaper, easier to obtain and easier for me  because  he would able to work almost immediately after arriving here versus myself having to take on a 3rd job to support him to. And they are talking about raising the fees in the next couple of months. The Spousal visa won't go up too drastically but the K1 will.

 

According to a previous reply, the time difference for you and your fiance is a month. I'd definitely go the Spousal Visa route if I were you. 

Thanks for your input.