Advice on K1 vs CR-1 visa - can I work during the application process?

[AnnaKr 1]

Good afternoon,

I've read all the guides here but I would like to ask for advice on people more familiar with the procedure. Apologies if I missed a topic - if this is discussed already somewhere, giving me the link will be appreciated!

 

My boyfriend is a US citizen and I am a EU citizen. Since he's in the military and has a contract for few more years, the only way for us to stay together is for me moving to the USA. We want to get married but I am very uncomfortable not being able to find a job when I arrive. I am an experienced professional in IT/Finance so I shouldn't have an issues with that but of course I need to be allowed to.

 

We are looking into getting a Fiancee visa -> me visiting and getting married -> applying to become a permanent resident after the marriage. I understood that during the processing of the application I can legally work - is this actually correct? 

Now I'm reading this forum and reddit, and apparently getting married first and then applying for CR-1 is better and takes less time? I'm really confused because I want to be with him as soon as possible, but also not be a financial burden... I have savings of course, enough for several months, but that won't be a great solution.

 

Does anyone have advice on this? What is the quickest way to get together and me being able to legally work?

[Boiler 43,445]

K1 and CR1 take the same sort of time, and the K1 has many issues including not being able to work for a significant time. CR1 seems much more appropriate given your circumstances.

[Crazy Cat 39,263]

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

[Crazy Cat 39,263]

26 minutes ago, AnnaKr said:

I've read all the guides here but I would like to ask for advice on people more familiar with the procedure.

Here is my analysis of the fiance visa (K-1) vs a CR-1 (Spousal Visa):

 

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 3-6 months) 
  Spouse can not work until she/he receives EAD (approx 3-6 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. 
   

 

 

 

[Crazy Cat 39,263]

35 minutes ago, AnnaKr said:

We are looking into getting a Fiancee visa -> me visiting and getting married -> applying to become a permanent resident after the marriage.

That isn't the exact process.  You don't marry during a visit.  In fact, it is visa fraud to enter the US as a visitor with the intent to apply for a Green card.  However, you can visit during the fiance visa process and the spousal visa process.

 

You could, however, marry during a visit, then start the CR-1 process for a spousal visa...but you would have to return to home country. 

[Boiler 43,445]

You can marry anywhere, just needs to be legal.

[AnnaKr 1]

5 minutes ago, Crazy Cat said:

That isn't the exact process.  You don't marry during a visit.  In fact, it is visa fraud to enter the US as a visitor with the intent to apply for a Green card.  However, you can visit during the fiance visa process and the spousal visa process.

 

You could, however, marry during a visit, then start the CR-1 process for a spousal visa...but you would have to return to home country. 

 

Apologies for not being clear, I meant marrying after getting the Fiancee visa.

 

Do I understand this correctly though - CR is apparently way better but it will take more than a year to be processed meaning I need to stay in my current country until then.

 

For K1 - a lot more paperwork and costs but with an EAD it means after getting married, I only need to wait 3-6 months to be able to work?

 

Judging by the information on the website, at the end the total time for both is the same?

[Boiler 43,445]

3 minutes ago, AnnaKr said:

 

Apologies for not being clear, I meant marrying after getting the Fiancee visa.

 

Do I understand this correctly though - CR is apparently way better but it will take more than a year to be processed meaning I need to stay in my current country until then.

 

For K1 - a lot more paperwork and costs but with an EAD it means after getting married, I only need to wait 3-6 months to be able to work?

 

Judging by the information on the website, at the end the total time for both is the same?

 

Not sure I see why you are interested in the K!

 

They both take more than a year, you can visit as normal.

 

6 months seems average, could be more could be less.

 

No total time time K1 is much longer.

[Crazy Cat 39,263]

14 minutes ago, AnnaKr said:

For K1 - a lot more paperwork and costs but with an EAD it means after getting married, I only need to wait 3-6 months to be able to work?

Both the K-1 and CR-1 will take about the same amount of time before you can live in the US. With a CR-1, you can start work immediately after entry into the US with the visa.  With a K-1, you would have to enter the US with the visa, marry, file for a Green Card, and wait about 6 months before you can work.  Among other reasons, if working sooner is a priority, then I would eliminate the K-1 completely.  

 

With a CR-1, you receive the Green Card almost immediately after entry.  With a K-1, you could be waiting a year after entry for a Green Card.

Edited March 10 by Crazy Cat

[Crazy Cat 39,263]

22 minutes ago, AnnaKr said:

CR is apparently way better but it will take more than a year to be processed meaning I need to stay in my current country until then.

Exactly the same as a K-1. 

Short visits are allowed during both K-1 and CR-1 processes.

Edited March 10 by Crazy Cat

[AnnaKr 1]

9 minutes ago, Crazy Cat said:

Both the K-1 and CR-1 will take about the same amount of time before you can live in the US. With a CR-1, you can start work immediately after entry into the US with the visa.  With a K-1, you would have to enter the US with the visa, marry, file for a Green Card, and wait about 6 months before you can work.  Among other reasons, if working sooner is a priority, then I would eliminate the K-1 completely.  

 

With a CR-1, you receive the Green Card almost immediately after entry.  With a K-1, you could be waiting a year after entry for a Green Card.

Thank you, I think this clears it up. I saw several websites who said K1 takes only 6 months but if times are similar, there's no point going for K1 at all.

Thank you very much for your time!

Edited March 10 by AnnaKr

[Crazy Cat 39,263]

1 minute ago, AnnaKr said:

said K1 takes only 6 months

Those are outdated sources.  

[Boiler 43,445]

15 minutes ago, AnnaKr said:

Thank you, I think this clears it up. I saw several websites who said K1 takes only 6 months but if times are similar, there's no point going for K1 at all.

Thank you very much for your time!

I am intrigued as to which web sites said this?

[Loren Y 2,732]

I agree, 6 months hasn't been seen since about 2015-2016, maybe earlier, My wifes K1 took 9 months, and we filed November 2018.

[appleblossom 1,307]

On 3/10/2024 at 9:46 AM, AnnaKr said:

I saw several websites who said K1 takes only 6 months

 

Not sure which websites they were, but I'd stick with the official source only - https://egov.uscis.gov/processing-times/

 

As you can see, it says the same processing time for both.