K-1 vs CR-1, which route is better for me?

[Nacafagno 0]

Hello all,

Recently I've been assembling my K-1 packet to petition my Filipina fiancé. Upon further research, it seems that the CR-1 seems to be the faster option of the two. Just wanted to get some insight on people who have knowledge on this subject. My current situation is I can file the I-129F for the K-1 this month and get it started. My other option, is to travel back to the Philippines in either August or September and marry my fiancé and file a CR-1. My goal is to get my fiancé to America as fast as possible and I'm not entirely sure which route would be best for me. I know CR-1 recently have shorter processing times but I've always heard K-1 processing time is starting to shorten soon as well. Any tips or advice would be appreciated, thanks!

[TBoneTX 45,498]

See the comparison, as compiled by our fine member Crazy Cat:
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.

----

Thread is moved from the CR-1 Process forum to the "What Visa" forum.

[Daphne . 1,888]

@Crazy Cat’s overview is a good resource. In terms of timelines there isn’t a big difference at the moment. But don’t just look at the ‘fastest’ way, also look at what is best for the foreign partner.

 

Do you want your spouse to be stuck in the US without being able to work, integrate and build their own life for many months? Is that a fair start of a life in a new country? If the answer is no, the CR1 would be the way to go and not the K1.

 

Talk with your partner and make a decision with your head, not your heart. 

[Redro 4,611]

2 hours ago, Nacafagno said:

Hello all,

Recently I've been assembling my K-1 packet to petition my Filipina fiancé. Upon further research, it seems that the CR-1 seems to be the faster option of the two. Just wanted to get some insight on people who have knowledge on this subject. My current situation is I can file the I-129F for the K-1 this month and get it started. My other option, is to travel back to the Philippines in either August or September and marry my fiancé and file a CR-1. My goal is to get my fiancé to America as fast as possible and I'm not entirely sure which route would be best for me. I know CR-1 recently have shorter processing times but I've always heard K-1 processing time is starting to shorten soon as well. Any tips or advice would be appreciated, thanks!

 

2 minutes ago, Daphne . said:

@Crazy Cat’s overview is a good resource. In terms of timelines there isn’t a big difference at the moment. But don’t just look at the ‘fastest’ way, also look at what is best for the foreign partner.

 

Do you want your spouse to be stuck in the US without being able to work, integrate and build their own life for many months? Is that a fair start of a life in a new country? If the answer is no, the CR1 would be the way to go and not the K1.

 

Talk with your partner and make a decision with your head, not your heart. 

Adding to this… depending on where you currently live your partner might not be able to drive or go to school until they receive their EAD (permission to work)… and they might have issues getting health insurance through your job or through the exchange.  You should research what your partner will be able to do and what you can afford if you live in the US together but you are the only one working and driving for up to one year. 

[Sammy_2496 116]

The CR1 is the better option as it has way more benefits to it than a K1. In the end it is your decision and you do what is best for you

[JeanneAdil 6,554]

Also add the new proposed fee for adjusting status once married in  USA is suppose to go up from $1225 to $2820  when u do a K1

[Fe.Ta 874]

13 hours ago, Nacafagno said:

Hello all,

Recently I've been assembling my K-1 packet to petition my Filipina fiancé. Upon further research, it seems that the CR-1 seems to be the faster option of the two. Just wanted to get some insight on people who have knowledge on this subject. My current situation is I can file the I-129F for the K-1 this month and get it started. My other option, is to travel back to the Philippines in either August or September and marry my fiancé and file a CR-1. My goal is to get my fiancé to America as fast as possible and I'm not entirely sure which route would be best for me. I know CR-1 recently have shorter processing times but I've always heard K-1 processing time is starting to shorten soon as well. Any tips or advice would be appreciated, thanks!

As others have said, there are many factors than just the "what's the faster way".  In the end, it is your decision, which you have to make with your partner together and consider everything that is involved.

We are K1-ers from when K1 was "faster".  However, we still considered the CR1 route.  At the time, we just went with the K1 because we had other factors that it just made sense for him to get here sooner, and we had things he could be doing/I needed help with while waiting on the AOS approval, etc.  However, as others have pointed out, you have to consider your partner's current life there versus the waiting time here without being able to move on with his/her life if you go with a K1.  In my opinion, the K1 and CR1 are taking about the same to get approved nowadays, so it just makes sense to go the CR1 route for them to get the GC and enter the US ready to just start a new life without the "I am in the USA but I am stuck and I cannot do much".  For many people and marriages, this season is the most challenging because not a lot of people can handle the inactivity as far as productivity goes, the loneliness of being by themselves while the USC has to go to work, the having to be so dependent on another person to maneuver around this new country, the USC having someone that is so dependent on them, etc.

We were blessed that none of these were as challenging to us (and we had the pandemic six months into our marriage), but it was mainly because we talked about it and being aware of it allowed us to just plan for it or handle it better.

[top_secret 2,446]

We had originally planned to file K1 based on the notion that it was "faster".  While preparing for that, the disadvantages of the K1 process and the advantages of the CR1 process became very obvious and we abandoned the K1 idea, got married, and went all in on the CR1 petition.  That was certainly one of the best decisions I ever made. In our case it actually resulted in her getting here at least a year sooner, though that was due to luck and differences in how the embassy was handling cases during rona lockdown silliness.  I suspect time frames would be more similar between CR1 and K1 today.

 

In addition to the benefits of CR1 others have mentioned, being married while waiting on the visa process we filed taxes as "married filing jointly" resulting in an increased tax return by over $10,000 vs me filing as single waiting for my fiancée.  That would have been at least 2 tax years if our case hadn't moved so fast.

 

With no adjustment of status my wife will be able to naturalize as a US citizen at 3 years from the date she entered and that's it.  We are 100% finished with USCIS.  Having to go through adjustment of status would extend that time frame substantially so with a K1 visa you signing up to have USCIS involved in your lives for a very long time.

 

She got a Real ID drivers license within a few weeks of entering US.  She got a job, bank account and credit cards in her own name.

 

Lastly, USCIS has proposed massive increases in fees that would hit those adjusting status from K1 visas the hardest.  They haven’t set a date for the fee increases but it seems very likely that 'soon' the cost of going through the whole k1 and adjustment of status process is set to double.

 

17 hours ago, Nacafagno said:

 My other option, is to travel back to the Philippines in either August or September and marry my fiancé and file a CR-1. 

 

With Utah online marriages being well established as accepted by USCIS, it would be possible for you to marry your Filipina fiancée online almost immediately and prepare, but do not submit, a complete ready to go online I-130 petition with all needed documents.  You still would need an in-person meeting after an online marriage but you could literally fly to Manila meet at the airport and click "submit i-130" on your phone thus avoiding possibly months of Philippine government bureaucracy involved in a Philippine marriage and meaning you could at least get to work on a preparing a spousal visa petition right away.
 

[SalishSea 17,928]

20 hours ago, Nacafagno said:

Hello all,

Recently I've been assembling my K-1 packet to petition my Filipina fiancé. Upon further research, it seems that the CR-1 seems to be the faster option of the two. Just wanted to get some insight on people who have knowledge on this subject. My current situation is I can file the I-129F for the K-1 this month and get it started. My other option, is to travel back to the Philippines in either August or September and marry my fiancé and file a CR-1. My goal is to get my fiancé to America as fast as possible and I'm not entirely sure which route would be best for me. I know CR-1 recently have shorter processing times but I've always heard K-1 processing time is starting to shorten soon as well. Any tips or advice would be appreciated, thanks!

CR-1 is the best option.   Neither is “fast,” and it will be at least two years before she has a visa, regardless of which one you choose.

[SalishSea 17,928]

17 hours ago, JeanneAdil said:

Also add the new proposed fee for adjusting status once married in  USA is suppose to go up from $1225 to $2820  when u do a K1

Great point.

[TexasRafael 134]

Unfortunately we did not have a choice and had to go the K1 route but as it turned out, my spouse had to return to their country before the AOS was completed and we had to do the CR1, but, I still believe the CR1 is far better because the process these days for AOS tales for ever and having to stay home bored and nothing to do is quite a challenge.  With the CR1 once they arrive in the USA in a matter of a few weeks they have their green card and life is much easier.

[Vulpis 26]

As a Jan 2023 K1 filer, I'm eternally kicking myself for me and my fiancee being stupid and not getting married and doing the CR-1. As others have posted above, think with your *head* and not with your heart, and with USCIS its better to ignore your emotions and focus solely on the cold hard facts (something my fiancee is terrible at). Yes, Utah online marriages are a thing, but again my fiancee values having even just a small in-person ceremony.

[DaveAndAnastasia 2,093]

On 5/11/2023 at 7:25 PM, JeanneAdil said:

Also add the new proposed fee for adjusting status once married in  USA is suppose to go up from $1225 to $2820  when u do a K1

Or rather, EAD and AP stop being free with AOS from a K1 (the fee for just AOS actually goes down very slightly because there's no biometrics fee anymore). Strictly speaking, you don't have to apply for either (though it's probably a bad idea not to).

[W199 335]

On 5/11/2023 at 7:33 PM, Nacafagno said:

Hello all,

Recently I've been assembling my K-1 packet to petition my Filipina fiancé. Upon further research, it seems that the CR-1 seems to be the faster option of the two. Just wanted to get some insight on people who have knowledge on this subject. My current situation is I can file the I-129F for the K-1 this month and get it started. My other option, is to travel back to the Philippines in either August or September and marry my fiancé and file a CR-1. My goal is to get my fiancé to America as fast as possible and I'm not entirely sure which route would be best for me. I know CR-1 recently have shorter processing times but I've always heard K-1 processing time is starting to shorten soon as well. Any tips or advice would be appreciated, thanks!

If you decide to go with the CR-1 approach, then by doing the Utah online wedding you will save many months. This is because the Philippines process to get a marriage license and then wait for the PSA marriage certificate to file the I-130 is very slow.

[Nacafagno 0]

2 hours ago, W199 said:

If you decide to go with the CR-1 approach, then by doing the Utah online wedding you will save many months. This is because the Philippines process to get a marriage license and then wait for the PSA marriage certificate to file the I-130 is very slow.

Is the PSA certificate required? Would a certified true copy from the city or municipal hall not work?