K-1 vs. CR-1 2024

[PsylentKnight 1]

Based on what I've read online, it seems like the consensus has been that the CR-1 is strictly better than the K-1 because the processing times were similar but the CR-1 allows you to work as soon as you enter the US.

 

However, according to VJ, the processing times for the I-129F have halved in the past year while the I-130 has stayed roughly the same. I understand that the benefits of the CR-1 are significant, but right now our goal is to get together ASAP, so the K-1 seems better for us. Has the online consensus not caught up with the data or am I missing something? Even if VJ has a smaller, self-reported dataset, the trend seems quite clear

[Crazy Cat 39,304]

I-129f vs I-130 processing time is only part of the equation.

From filing to interview average per Visa Journey Members:

K1 = 484 Days from filing to interview
CR1 = 547 Days from filing to interview  

That is only a couple months

To me, the CR-1 is superior....my humble opinion.

 

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. 
   

 

 

Edited April 13 by Crazy Cat

[Boiler 43,494]

2 hours ago, PsylentKnight said:

but right now our goal is to get together ASAP,

I do not know the country involved but usually it is much much quicker for the USC to move if that is your priority,

[Redro 4,601]

Being together quicker but not knowing when you’ll be able to work, drive, or leave the country (in case of emergency back home) vs being in the US a month or two later with working permission, ability to open a bank account, ability to drive and ability to leave is a decision the beneficiary needs to make for themselves.

There can be delays between approval at USCIS to moving to the NVC/ embassy for both visa types. But, only the spousal visa allows you to delay the process if you need it (doesn’t happen often but it happens often enough).

The question I would ask is: Where do you live in the U.S.? And what is the experience for K1 visa holders when they move there? What documentation do you they need to drive? Do you need to drive online Lon that city/town? How will your partner  keep themselves while they can’t work:drive AND can you afford the additional $3000 for AOS after the enter? Or would you rather pay all the immigration costs BEFORE they enter the U.S.? 

[PsylentKnight 1]

1 hour ago, Boiler said:

I do not know the country involved but usually it is much much quicker for the USC to move if that is your priority,

We're unsure of the country - she is originally from Argentina and currently living in Switzerland, though she may be moving back to Argentina before this is all over. According to this, both countries' embassies take ~40 days, though there isn't a lot of data points there.

[Boiler 43,494]

Is she a dual Citizen? My understanding is that Argentina is pretty quick.

[Redro 4,601]

9 minutes ago, PsylentKnight said:

We're unsure of the country - she is originally from Argentina and currently living in Switzerland, though she may be moving back to Argentina before this is all over. According to this, both countries' embassies take ~40 days, though there isn't a lot of data points there.

Okay… so be aware if you file the I129F before she moves back to Argentina it will be very difficult and add months to the process for her to move to the interview to Argentina. It might not actually happen and then.. 
She will have to have her K1 visa interview in Switzerland. 
 

ETA if you partner is planning to move to a different country. Spousal visa will be quicker in the long run… 

Edited April 13 by Redro

[PsylentKnight 1]

14 hours ago, Boiler said:

Is she a dual Citizen? My understanding is that Argentina is pretty quick.

 

She is a dual citizen with Italy, she is in Switzerland based on their free movement agreement with the EU.

 

14 hours ago, Redro said:

Okay… so be aware if you file the I129F before she moves back to Argentina it will be very difficult and add months to the process for her to move to the interview to Argentina. It might not actually happen and then.. 
She will have to have her K1 visa interview in Switzerland. 
 

ETA if you partner is planning to move to a different country. Spousal visa will be quicker in the long run… 

Ok, good to know... it sounds like changing embassies would be more of a pain than I thought originally. It is looking more certain that she will be moving sometime soon, so maybe it will be best to wait until after the move

[Redro 4,601]

9 minutes ago, PsylentKnight said:

 

She is a dual citizen with Italy, she is in Switzerland based on their free movement agreement with the EU.

 

Ok, good to know... it sounds like changing embassies would be more of a pain than I thought originally. It is looking more certain that she will be moving sometime soon, so maybe it will be best to wait until after the move

Are you able to see her and marry her before she moves? 

Like I mentioned if you want to file before she moves. Changing embassies for the spousal visa is fairly easy (you request a change at NVC when the petition is approved). But, if you won't be seeing her until after she moves then you will have to wait until then to file. So, spousal in this case would be faster than K1. 

 

[Boiler 43,494]

Italy is a VWP country

[PsylentKnight 1]

3 hours ago, Redro said:

Are you able to see her and marry her before she moves? 

Like I mentioned if you want to file before she moves. Changing embassies for the spousal visa is fairly easy (you request a change at NVC when the petition is approved). But, if you won't be seeing her until after she moves then you will have to wait until then to file. So, spousal in this case would be faster than K1. 

 

Interesting... based on this thread it seems like it's possible to request a change with the NVC with a K-1 too. Is there something I'm missing here?

When and how does the embassy get decided? Is it based on where the beneficiary is residing at the time of filing the I-129F? I haven't been able to find that info. Thanks to everyone for the replies

[Redro 4,601]

32 minutes ago, PsylentKnight said:

Interesting... based on this thread it seems like it's possible to request a change with the NVC with a K-1 too. Is there something I'm missing here?

When and how does the embassy get decided? Is it based on where the beneficiary is residing at the time of filing the I-129F? I haven't been able to find that info. Thanks to everyone for the replies

Interview location is based on the beneficiary’s address noted on I129F and I130…

I didn’t say you CANT transfer a K1 I said it can be very difficult and add months to the process:

21 hours ago, Redro said:

Okay… so be aware if you file the I129F before she moves back to Argentina it will be very difficult and add months to the process for her to move to the interview to Argentina. It might not actually happen and then.. 
She will have to have her K1 visa interview in Switzerland. 
 

ETA if you partner is planning to move to a different country. Spousal visa will be quicker in the long run… 

The thread you linked had some success stories but also some stories with issues:

 

 

Here are the instructions for changing embassies spousal and k1:

https://travel.state.gov/content/travel/en/us-visas/immigrate/national-visa-center/immigrant-visas-processing-general-faqs.html#ivp13

 

You are free to choose K1 or CR1 but if you’re asking which is QUICKER… changing consulates will add time to the process. 
Here is an example of a timeline for transferring a K1:

 

K1 case transfer timeline:

 July 23 2021 the petition was approved 

December 12 2021 interview… (132 days) 

K1 no transfer

August 20 2021 petition approved 

November 3 2021 interview. (76 days) 

 

 

 

 

 

 

[Crazy Cat 39,304]

I have no data to prove it, but I think K-1 consulate transfers often take longer. I think that K-1 consulate transfers are more frequently handled by the consulates (meaning the new consulate initiated the transfer, communication between consulates, etc.)....whereas spousal visa consulate transfers are more often handled at the NVC level due to the DS-260 being submitted there........just my opinion. 

Edited April 14 by Crazy Cat

[G and B 12]

On 4/13/2024 at 1:30 PM, PsylentKnight said:

Based on what I've read online, it seems like the consensus has been that the CR-1 is strictly better than the K-1 because the processing times were similar but the CR-1 allows you to work as soon as you enter the US.

 

However, according to VJ, the processing times for the I-129F have halved in the past year while the I-130 has stayed roughly the same. I understand that the benefits of the CR-1 are significant, but right now our goal is to get together ASAP, so the K-1 seems better for us. Has the online consensus not caught up with the data or am I missing something? Even if VJ has a smaller, self-reported dataset, the trend seems quite clear

Hi!

I recently obtained my Green Card through the K1 visa route, and as many have noted, it comes with its pros and cons.

Personally, I have some reservations about choosing the K1 visa route, primarily because I filed early in 2022 when the average processing time exceeded 15 months. Nowadays, USCIS processes cases much faster, with an average wait time of 7-8 months.

The embassy transfer process is relatively straightforward, particularly if you're transferring to the Italian embassy. Generally, interview slots are readily available. For instance, people are currently booking interviews for mid to late May without much difficulty.

If your priority is to be together as soon as possible, I would recommend opting for the K1 route.

Furthermore, Green Cards, Advance Parole (AP), and Employment Authorization Documents (EAD) are now processed swiftly for K1 visa holders. Many individuals receive their EAD or EAD+AP approvals shortly after biometrics.

Regarding restrictions, such as obtaining a driver's license, it varies significantly by state. For example, I was able to obtain my driver's license in Texas without needing an EAD. However, I've heard that California and other states are more stringent in this regard.

 

Edited April 14 by G and B

[Crazy Cat 39,304]

22 minutes ago, G and B said:

Nowadays, USCIS processes cases much faster, with an average wait time of 7-8 months.

There is more to the process than USCIS processing.