Should we go with CR1? How to start?

[LemonLemonade 64]

Hello! 

Sorry, stupid questions, need your expertise.

I am helping a friend to get information to decide between the K1 and CR1 (I personally did the K1, and I will have her come to this forum, too). 

My friend, she's from Canada, and her fiancé, he is a US citizen.

 

-Is K1 and CR1 the only options to get her to come to the USA and get a green card?

-She was told that she can come in USA, stay for 3 months (Canada - USA have agreement that we can legally visit for a short time), then get marry IN USA, then apply for "something"? Is that a thing? 

-From what I see on the processing time, both visa are kind of similar, would you think the CR1 would be a better choice? 

-Can she travel to the USA (for little vacations time to time) while waiting for the CR1? 

-Also, I assume you can't stay in USA extended period of time while CR1 is in progress?

 

Thank you!! Sorry

Edited July 18, 2023 by LemonLemonade
add more info

[SteveInBostonI130 3,319]

CR1

[Crazy Cat 39,272]

***Moved to What Visa Do I Need?****

 

2 hours ago, LemonLemonade said:

She was told that she can come in USA, stay for 3 months (Canada - USA have agreement that we can legally visit for a short time), then get marry IN USA, then apply for "something"? Is that a thing? 

That is visa fraud.  She cannot come to the US as a visitor with the intent to stay and apply for a Green Card.  If choosing between a K-1 and a CR-1, the very clear winner, imo, is the CR-1 spousal visa (except in rare circumstances.  See my comparison below:

 

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
  K-1 entrant cannot file for citizenship until after having Green Card for 3 years.

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.
  The clock for citizenship filing starts immediately upon entry to the US.
   

 

[Crazy Cat 39,272]

2 hours ago, LemonLemonade said:

-Can she travel to the USA (for little vacations time to time) while waiting for the CR1? 

Yes...at the discretion of CBP (as in every entry).  Good luck. 

[LemonLemonade 64]

16 minutes ago, Crazy Cat said:

Yes...at the discretion of CBP (as in every entry).  Good luck. 

Thank you for all the details!! That's what I was thinking... If it were possible to apply after 3 months staying here, life would be so much better lol 

[Sammy_2496 116]

-As a couple, K1 and CR1 are the only options as far as im aware

- She cannot come into the US with the intention of adjusting status, that is fraud and you don't want to mess with that

- The processing times are similar, yes... CR1 has way more benefits

- She can travel to the US while the K1/CR1 is pending... but as always, she is at the discretion of CBP

- She can stay in the US for as long as CBP says she can (check I-94 or passport stamp)

[Crazy Cat 39,272]

1 minute ago, LemonLemonade said:

Thank you for all the details!! That's what I was thinking... If it were possible to apply after 3 months staying here, life would be so much better lol 

It is illegal to come to the US as a visitor with the intent to stay.  Visiting during the process from Canada is much better than many members here.  Some of us were separated for a year or more.  Good luck on your journey.  As soon as you marry and meet, you can start the CR-1 process (proving  you have a marriage certificate).  

[Crazy Cat 39,272]

7 minutes ago, LemonLemonade said:

Thank you for all the details!!

Here is the Visa Journey guide for a CR-1 spousal visa:

 

 

[LemonLemonade 64]

1 minute ago, Crazy Cat said:

Here is the Visa Journey guide for a CR-1 spousal visa:

 

 

Thank you so so much! I love this forum and ppl taking time helping others lol if not I would never gotten my K1. I will link her that too. Thank you again!

[Redro 4,600]

15 hours ago, LemonLemonade said:

Hello! 

Sorry, stupid questions, need your expertise.

I am helping a friend to get information to decide between the K1 and CR1 (I personally did the K1, and I will have her come to this forum, too). 

My friend, she's from Canada, and her fiancé, he is a US citizen.

 

-Is K1 and CR1 the only options to get her to come to the USA and get a green card?- 

-She was told that she can come in USA, stay for 3 months (Canada - USA have agreement that we can legally visit for a short time), then get marry IN USA, then apply for "something"? Is that a thing? - She can technically stay in the US up to 6 months not 3 months. But then the question is- how is she supporting herself during that time. But, if she went to the border and was asked "Why are you visiting?" if the reply was "I'm staying for 3 months and then will 'apply for something' there is a great chance she will be denied entry..." 

-From what I see on the processing time, both visa are kind of similar, would you think the CR1 would be a better choice? 

-Can she travel to the USA (for little vacations time to time) while waiting for the CR1? - Yes she can! But, she should keep note of all the times she travels to the US. The USA doesn't always record the travel details of Canadians when they enter and she will need to enter her travel to the US on the DS260 when applying for the visa. 

-Also, I assume you can't stay in USA extended period of time while CR1 is in progress?- One can stay for as long as 6 months (if you are Canadian or have a tourist visa). The question is: How will she afford to stay in the US for 6 months? She is not allowed to work. Additionally, the process takes 18-24 months. If she stays in the US for 6 months and then leaves and returns a day or two later she might not be allowed in. Most on VJ suggest staying outside for twice as long as you were inside the US- might not apply to Canadians... they might be okay with a 6 month absence outside the US. Tell her to check out the Canada forum. They have a lot of advice on visiting and how often to visit. Some visit as often as once every other weekend! 

 

Thank you!! Sorry

 

[milimelo 4,209]

~Post encouraging visa fraud and posts quoting the post removed. ~

[TexasRafael 102]

Hands down CR1

[Dashinka 23,251]

I went K1 way back in 2014.  If I had to do it again, CR1 would be the only choice.

 

Good Luck!

[Bethany123 56]

Canadian here. If they take the CR1 route she can visit as often as she pleases as long as she has proof of ties to her home. I would visit my husband for a few weeks at a time and never had any issues. I'd show them my receipt notices, proving that I was following the proper immigration steps, and kept a letter from my employer stating I was just visiting and coming back to work.