How did you decide which visa (K1, CR-1) to file? Any regrets?

[Rosee332 0]

Hello all, 

 

I am currently living and working in Japan and met my current boyfriend, from the U.K. Both of our contracts are ending next summer and we will have to go back to our respective home countries but we want to stay together and eventually move to the U.S. 

From what I’ve gathered, our options are quite limited. We could either get married in Japan before leaving and I could file for a CR-1 visa once I go home (which presents its own set of problems since none of my foreign income counts toward the income requirement), or we could get engaged and I could file for the K-1 visa. 

The CR-1 visa’s main perk for us is that he could start working right away once he arrives and wouldn’t need to wait several months for the adjustment of status post-wedding. But to me, I feel like there are a lot of drawbacks. We would be skipping an engagement, we really don’t have a lot of money for a ring because we need to save as much as we can for the visa process. Then on top of that, we wouldn’t be able to have a wedding until he is in the US with me, but we would already be married so it might not feel like a wedding if its 2 years later…

With the K-1, we could save for the engagement ring and wedding and it would give us more time to do things traditionally, but the biggest drawback is he couldn’t work until his change of status and it’s up in the air how long this takes. 

I’m really caught on what to do, I want to be with him as quickly as possible but either way it’s going to take a year or longer. I don’t want to miss out on an engagement or wedding. I feel like the K-1 visa probably makes the most sense for us given all of this, but he is most concerned about having nothing to do and not being able to work for months on end while waiting for his green card. 

 

For people in similar situations, did you forego the engagement and wedding and have a party later? Did you decide to do a small engagement and small wedding? I know at the end of the day the most important thing is being together but I don’t know anyone else around me in this same situation to ask for advice.

 

[Redro 4,600]

1 hour ago, Rosee332 said:

Hello all, 

 

I am currently living and working in Japan and met my current boyfriend, from the U.K. Both of our contracts are ending next summer and we will have to go back to our respective home countries but we want to stay together and eventually move to the U.S. 

From what I’ve gathered, our options are quite limited. We could either get married in Japan before leaving and I could file for a CR-1 visa once I go home (which presents its own set of problems since none of my foreign income counts toward the income requirement), or we could get engaged and I could file for the K-1 visa. 

The CR-1 visa’s main perk for us is that he could start working right away once he arrives and wouldn’t need to wait several months for the adjustment of status post-wedding. But to me, I feel like there are a lot of drawbacks. We would be skipping an engagement, we really don’t have a lot of money for a ring because we need to save as much as we can for the visa process. Then on top of that, we wouldn’t be able to have a wedding until he is in the US with me, but we would already be married so it might not feel like a wedding if its 2 years later…

With the K-1, we could save for the engagement ring and wedding and it would give us more time to do things traditionally, but the biggest drawback is he couldn’t work until his change of status and it’s up in the air how long this takes. 

I’m really caught on what to do, I want to be with him as quickly as possible but either way it’s going to take a year or longer. I don’t want to miss out on an engagement or wedding. I feel like the K-1 visa probably makes the most sense for us given all of this, but he is most concerned about having nothing to do and not being able to work for months on end while waiting for his green card. 

 

For people in similar situations, did you forego the engagement and wedding and have a party later? Did you decide to do a small engagement and small wedding? I know at the end of the day the most important thing is being together but I don’t know anyone else around me in this same situation to ask for advice.

 

Met my husband in Korea. We got married on a trip to the US. Then applied for my visa a year before  our contracts expired. The visa wasn’t issued by the time our contracts expired so we extended for another year and then moved once my visa was issued.(this is the short version of our story)

You can ask a family member to be a joint sponsor (you will still be the main sponsor). 
You can also get married via Utah if you want an American marriage certificate. 
I 100% recommend spousal over k1 especially as a country change might happen during the process( first phase takes about a year) - it is more difficult to change consulates for K1 but changing for spousal is a lot easier. So if you both have to move to your respective countries because you can’t renew contracts- your partner will find it easier to change the interview from Japan to London. 

Edited November 29, 2023 by Redro

[TBoneTX 43,059]

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

[Redro 4,600]

1 hour ago, Rosee332 said:

 

 

For people in similar situations, did you forego the engagement and wedding and have a party later? Did you decide to do a small engagement and small wedding? I know at the end of the day the most important thing is being together but I don’t know anyone else around me in this same situation to ask for advice.

 

If you decide to move back home next summer, have the wedding party then- your spouse (and his family) can visit the US with with ESTA -  I know several couples who had the actual wedding (signed paperwork) in one country and then a wedding reception back in the States... and some had full on weddings with vows even though they had already signed the paperwork. 

[Boiler 43,442]

You have to get engaged for both.

 

Marrying makes a lot of sense and file immediately afterwards and get it going.

 

Joint Sponsor to cover the financial side.

 

UK is actually a lot quicker btw if you want to head there.

[jackiegringa 349]

2 hours ago, Rosee332 said:

For people in similar situations, did you forego the engagement and wedding and have a party later?

Yeah because unfortunately doesn't matter my feelings, immigration (where to work, live, being together) beats everything else.

 

I was already in the country but due to 2020 political happenings I went from dating to married in a matter of weeks. It was the pandemic so the reception happened 2 years (very common for all pandemic couples, immigration related or not, btw). Then my second reception at home country got derailed by immigration once again and happen a year later (three years after signing papers).

 

Sucks? Yeah. But I never left my partner and people that love you and want to celebrate you won't mind. CR1 can be filed before you get to the states, you just need to be here before or with your spouse when the time comes and a joint sponsor can go a long way too.

 

Being stuck at home waiting for a work authorization and not being able to travel internationally for an unspecified amount of time is a lot of stress on the individuals and the relationship so if advice is wanted, CR1 is the way to go.

 

Also, sign your papers and make that date as a special date for yourself but you could easily just enjoy the time until the reception as an engagement period as well. I went to my much delayed reception and honeymoon recently and just said that, no need to explain the whole three year saga, people are happy to see a couple in love. Good luck on your process!

Edited November 29, 2023 by jackiegringa

[Lemonslice 4,555]

How does your future husband feel about being unable to work for so long? Unable to drive in some states?

 

Also, since you seem to care about a nice engagement ring, the cost difference between both processes [+ the income your husband will earn sooner] might allow for a nice upgrade.  Something to discuss between you two.  

 

I understand wanting to follow the traditional pathways, however, no matter the visa process you opt for, some things will be different.  That is also what makes it great, and "yours".  

 

Myself, as the immigrant, would never have moved on a K1, since there is so much that could go wrong.  

[SteveInBostonI130 3,319]

There are many "I wish we did CR1 instead of K1" posts here.  I have not ready any people regretting CR1 and wished they did K1.

 

Marry as soon as you can and file for CR1.  You can file from Japan:  the I-130 form is online.

 

The affidavit of support is not needed until the I-130 is approved, which would take about a year.  

 

I am glad to see you have a more realist concern - the traditional wedding vs "court" marriage.  Many think K1 is faster than CR1, which is incorrect nowadays.

 

That is something you'll need to come to terms with.  The engagement ring is, in my opinion, not a big issue.  You could just get wedding bands now and get the solitaire later, after saving enough.  It may feel like eloping instead of going the normal route, but as others posted you can still do a ceremonial wedding with as much or as little traditional events you want (engagement party, bridal shower, bachelor(ette) parties, rehearsal dinner, etc).

 

 

[FromTheHills 5]

We were thinking about

K-1 vs CR-1.

And we opted for getting married and filing CR-1.

It feels great to be married sooner. Feeling more connected to your person. I found engagement to be the most stressful period of my life. Now thinking I don't think I could stand being in planning limbo for potentially 2 years. We were engaged for 6 months. Even then I wish we were only engaged for 3 months. (Also just crossed my mind it's hard to plan a wedding for the K-1 as you don't know which 90 day period you have to plan the wedding for.)

 

He got me a beautiful engagement ring for around $200 and my wedding ring was more expensive. I so think it's more about the sentiment than the money.

 

We had our wedding in my country with 50 people and 7 of his family came over. I so agree with you about having a "celebration wedding" later. Its not the same thing. For me it's the wedding is on the day. And when I'm over there his family want to celebrate me arriving! And us being together. For the immigrant all these things are different to the easier situation of people marrying within their own country. Don't try to feel you have to be the same as people in that situation.

 

I hope this is helpful. You've gotten lots of good answers to do with the immigration side. This is more the sentimental side and my own expirience. Good luck!

 

 

[mam521 1,725]

Engagement and weddings, like the immigration process, are but a blip in time.  Your marriage is intended to last a lifetime, irrespective of how you got there.  

 

I have a friend who, when planning her wedding, initially wanted a BIG ta-doo (her family is Filipino) but the cost of having the big wedding undermined what she actually wanted to achieve.  She "curated" her guest list to include the people that she felt had been influential on the success of her relationship with her husband and would celebrate and support their life long marriage, through not just the happy times, but the challenging, tough times as well.  

 

Hubs and I never got engaged.  We left work for lunch one day and he said "maybe we should go get a marriage license".  I agreed and off we went.  I still don't have an engagement ring.  I have a beautiful sapphire and diamond platinum wedding band, though.  

 

Hubs and I still got dressed up to the nines - I had a wedding gown (with pockets, no less!), he had a beautiful custom Italian suit, my kids were in formal wear and we got married at a friend's place with him and his wife as our witnesses and photographer with the JP.  We took them to a top, high end, local restaurant where I am friends with the chef and enjoyed a delicious meal and then the chef sent this ridiculous dessert tasting menu that was about 6 rounds long!  It was planned and executed in 10 days and turned out beautifully.  

 

My point is don't get hung up on the engagement and the wedding.  If you've met your person, that's what's important.  Being together is what's important.  Starting your marriage off on an equal footing is important.  Bringing your person to the US and them being in a new country with no friends, no family, unable to work, unable (in many states) to drive and 100% financially dependent on you after having their own successful career will not create the most harmonious of situations in which to begin your marriage that's supposed to last a lifetime. Think bigger picture and what that looks like.  

Edited November 29, 2023 by mam521

[Marieke H 2,314]

I totally agree with @mam521! We did the K-1 and absolutely regretted it. It was such a stressful, depressing start of our marriage. We got through it, but 8 months sitting at home in a new country with no friends, no job, no driver's license, while my husband worked extra hours to support both of us, was just miserable. 

 

You have a chance now to get married and file the I-130 online. Weddings are just a bit different when immigration is involved. We just did a courthouse wedding and keep saying that some day we'll do a big celebration to renew our vows, but we've been married for over 6 years now and haven't done anything. Maybe for our 10 year anniversary... 🤣

[D-R-J 153]

Are you talking summer ‘24 or summer ‘25? With a job offer with a fast approaching start date you might qualify for direct consular filing (DCF). It is by far the fastest way to get a visa and usually involves no time apart. The issue is that it is up to the discretion of the embassy whether or not to accept your petition and you can not have previously filed an I-130 petition for your spouse. Something to look into and consider.

[Daphne . 1,679]

For me, it was a no-brainer. I was not going to be stuck in the US without being able to work or leave so we did the CR1. I started my job 2 weeks after I moved to the US and it really helped me to integrate and start my own life. I did not want to have to depend on my husband for everything, I had a very independent life in The Netherlands.

[Cata&Ben 199]

Hello! That's an excellent question. Based on my experience dealing with this issue, I suggest considering getting married in your home country and applying for a spouse visa in your home country. This option is the most fair for both partners involved. However, it is essential to analyze the situation thoroughly with your significant other. If I do this process again, I will only come to the US, already married and with a ten-year green card that allows me to work, have an ID, and drive after just landing in the USA. But of course, this is ME.

 

Cheers,

Cata

[carmel34 3,531]

15 hours ago, Rosee332 said:

I want to be with him as quickly as possible but either way it’s going to take a year or longer.

Both options take 1.5-2 years from filing to US entry.  K-1 is not faster, it was a few years back but no more.  K-1 is also much more expensive because of the additional adjustment of status process, and the lost income while waiting 6-8 months for work authorization.  K-1 also takes longer for a green card, so adds a year or more to be eligible to naturalize as a US citizen.  My now-husband and I researched both extensively in 2017/18 and opted for CR-1, even though K-1 was faster back then, because the CR-1 has so many advantages.  We got married in Brazil, had a wedding celebration after with his family, and then had another wedding celebration after he immigrated with a CR-1, with my family.  He's a US citizen now.  Good luck!