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

[MissLadyRea 206]

We had decided on the spousal visa, it was a no brainer. Cheaper, work and travel authorization right away, the ability to drive right away there was absolutely 0 reason for us to opt for K-1.. Until covid hit. Borders closed and then we were unable to meet up again, thus unable to marry so we did K-1 instead of waiting an unknown amount of time for the border protocols to change. So, I wouldn't say I regret doing K-1 because it was our best choice given the circumstances, but I will say there really isn't much of a reason to opt for it nowadays.

I will say after moving on a K-1 it felt like I got stripped of all of my freedoms that I had back in my home country. I'm also in a rural area so no driving = forced isolation. 

There was also an issue when we tried to file taxes, where the state requires you to have a STATE ID if you want to file online. So you can file by mail, but it will take a really long time to hear back about that. Thankfully my EAD was approved in such a short amount of time that I was able to rush out and get a state ID, but it was frustrating. I also had issues at the bank who kept persisting they didn't have an option for someone in limbo, and they kept trying to put me in their system as a citizen which was infuriating. 

The experience directly after the move is another important talking point. You move so far, and now you have 90 days to marry. Have fun adjusting to a new home when you have marriage, the AOS packet, getting a SSN, signing up for a bank account, all hanging over your head. It was the busiest 90 days, we were busy doing something new each week! (Doesn't help I was processed as b2 when I entered and not K-1 and I had to get that fixed too..)
So when you move and you want to be settling in, adjusting to your new life, I was instead swamped with work and stress from everything I had to do. Because of that it took me substantially longer than it should've to adjust to the move. 

Then the fact that travel out of country isnt permitted without AP or the GC, is rough. Life is crazy, you never know when someone you hold dear might not be around anymore and i've seen a lot of cases where people missed funerals, weddings, and other important events because neither had processed in time. Ive seen cases where people couldn't even see their parents in their final days, the expedite that SHOULD'VE worked, USCIS took way too long on and thus it was too late. So then, I don't know how others handled it but I was constantly stressed about my older family members and what I would do if something happened. Would I give up everything we spent and worked towards so far to be there for them in their final days, or would I stay and carry that burden forever? I'm thankful every single day that I have my greencard now and that nothing bad happened when I didnt. 

And, marriage on a k-1 didnt feel like a marriage. I see that as a common talking point, but I hate to say it, for a lot of people the excitement of marriage and engagement are stripped away by the process. Hurdle after hurdle, and then being swamped with more work it doesnt make for an exciting happy time. I remember when I went wedding dress shopping and felt nothing, the workers there said I was the calmest bride they'd seen but after all the stress the process had (Covid closures probably contributed too), the excitement was gone. We got legally married and it felt nothing more than an average day, our bigger wedding was months later and honestly it was a pretty awful day. (Though I do find it funny, I was in one room (the bridal get ready room) sobbing about my parents leaving the next day and my husband was in the next room getting sick from heat exhaustion. It's a bit silly, but the fact those two events happened at the same time makes me feel like another sign of how connected and in love we are) I've got another in Canada next summer and I hope I will have a better experience with that, but the process makes everything forced, it isnt fun. If you opt for spousal, you can marry on your terms, before the stress of the process gets to you. You might not get the celebration of your dreams, but you could do something that makes you both really happy and excited. 

I think what's most important, is focusing on your partner's happiness after entry. Sacrifices are required when being with someone internationally, but they should not be made at the expense of someone happiness. 

[YecaCruz 374]

I can't even compare to why we chose K1 in 2016 due to the current circumstances, and it obviously worked out for me with a miraculous processing time of barely 3 months and an equally miraculous processing time for his green-card (see signature)

 

Given that processing times right now really yield no difference between the 2 options I would echo what many others are stating; get hitched now! You already know that you guys want to take that step and you have a huge advantage of being together now. Having to involve yourselves in immigrations will of course complicate things a bit and certainly take the luster off of something that is so wonderful. Try to zoom out and get the bigger picture which are the many previously listed disadvantages and costs of the mandatory steps to be taken if you go with a K1. I looked at everything with USCIS glasses on for a while because that's just what I had to do with citizenship as the end goal.

 

My wedding ring is a cheapo stainless-steel thing and while its nothing to look at but it's very significant for me. I would think your family will be thrilled to celebrate your marriage no matter how much later it is from the ceremony. Save even more money and splurge on a nice ring for your 5 year or 10-year anniversary if that is something of importance to you.

 

Good luck in coming to a decision! 

[JeanneAdil 6,203]

i tried K1 and it was denied so had to follow thru with CR1

kinda glad it did as reading on here what couples go thru with the AOS and immigration after a US marriage is riduculous

Adil had DL within a few weeks and  a job within 2 months with the spouse visa 

 

if you do a search on Homesickness here on the site ,  u will see many a K1 person that is stuck not being able to drive , work, and without family and friends here,they suffer   Even if the person doesn't want to or have to work, the driving license and learning the area are really a plus (in most of the US).  every place i have lived in didn't have city buses,  taxis or subways 

[millefleur 5,037]

Unless there's some extreme difficulty with getting married prior, the spousal visa is the better choice given that processing times are the same.

[Crazy Cat 39,278]

18 hours ago, Rosee332 said:

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.

Times are not that much different these days.  There really are longer term differences between a K-1 and CR-1.

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.
  Once an I-129F has been approved, delaying the case is difficult to impossible if the need arises.

CR-1/IR-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.
  A CR-1/IR-1 case can be delayed indefinitely at NVC if the need arises. 
   

 

Edited November 29, 2023 by Crazy Cat

[Redro 4,600]

20 hours ago, Rosee332 said:

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. 

One more thing to highlight. 

(current) Total Cost of CR1 visa without medical = $1880

$535 (I130)

$445 (Ds260 and I824)

$220 (GC) 

$680 (I751/Application for 10 yr GC)

 

(current) Total Cost of K1 without medical = $2705

$535 (I129F)

$265 (DS160)

(medical)

$1225 (I485/AP/EAD- green card application/ travel document to leave the country/ work authorisation)

$680 (I751/Application for 10 yr GC)

 

Be aware costs might go up in the future and adjustment after entering might be more. 

Future projected cost for Adjustment is $1540 and you have to apply for work( $650) and travel authorization ($630) separately 

Future projected cost for I751/ ROC is $1540. 

 

Assuming you apply for the K1 or spousal before the proposed price increase but you partner enters after the price increase:

Cost of spousal=  $2740

Cost of K1 = $5160

 

It is great to want to save for the engagment ring and wedding but because you are in a relationship with someone from another country you also have to factor in the cost of immigration 

AND factor in the cost of living on one salary without knowing when your partner  will be able to start working... 

 

 

 

 

[Fe.Ta 857]

Original K-1 filer here.

 

Back in the day, the K-1 was faster.  Now, that was not the only reason why we chose it.  As others have stated, getting here faster makes you both be together but it could cause some hinderance with not being able to work, earn income, etc.  In our case, while being together was a pro, it wasn't the main reason.  We decided to go the K1 because at the time he was off work and was just working on and off with his dad as needed.  Meanwhile, I needed help with taking care of my parents.  Thus, with his income not being hefty and me avoiding caretaking costs, it just made more sense for him to be here sooner.

 

If we were in the same situation today, since the K1 and CR1 are taking about the same, we would go the CR1 route - even with a need for taking care of my parents.  But, again, when we did the K1 it was only 7 months between submission, interview, and him living with me in the USA and the CR1 was still taking 1.5-2yrs.

I am not going to repeat the very valid points others have made.  They are covered.  At the end of the day, you also have to consider your situation and needs between you.  You both may have priorities (both individually and together) that we do not know about - nor do we have to - that could influence your decision.