Which is best / faster for Fiance from Philippines K1 or CR-1 and confusion about wait times

[Jason F83 0]

I decided to work with a visa agency that specializes in the Philippines for my fiance currently living in PH.  They told me a K-1 would take 14 months and a CR-1 would take 16 months until shes here with me. 

 

I went onto the USCIS website and it said 8.5-30 months based on field office location for a K-1.  I am in Massachusetts so would mine go through the Vermont field office?  The Vermont field office said 30 months on the USCIS website.  The California office said 8.5 months. Then correct me if wrong it could be months more to get through NVC?

 

On the USCIS website it says 17 months for a CR-1 for service centers if its only an IR (immediate relative) and 66 months for all field offices if not an IR.  Is a spouse an IR immediate relative?

 

Then it would have to go through the embassy in Manila for who knows how long?

 

Can this be right?  is the wait that long?

 

Shes in her mid 30's I'm in my early 40's.  We both really want to start a family as soon as possible due to our age...whats the best thing to do and what are the actual wait times.  Thanks so much.

[Edward and Jaycel 1,478]

Most K-1s are processed at the California Service center (There are exceptions) If you get married, your then wife would be considered an immediate relative (This visa would be classed an IR-1/CR-1.) Your wife would get an IR-1 stamp at the Port of Entry if you had been married for 2 years at the time of her entry into the US. That means she would get a 10 year green card shortly after arrival. If you are married less than 2 years at the time of her entry in =to the US she would be stamped as a CR-1, which is a 2 year conditional green card. 90 days before her 2 year expiry date, you both would have to file for removal of conditions, which if approved would then have her issued the 10 year green card. The application to do the spousal visa (Form I-130) is currently taking approximately 15-18 months to be approved by USCIS and then it is sent to the Department of State's National Visa Center to gather required documents, visa application (DS-260) and the required fees before being sent to the embassy for the medical exam and interview process. That can take a 1 -3 months before being sent to the embassy.

Edited 17 hours ago by Edward and Jaycel

[JeanneAdil 6,924]

K1 goes thru the California office unless there are issues

The office wait time is only the 1st step in process

CR1 and IR1 are both spouse visas 

CR1 means person came to US before 2 anniversary  (2 year green card issued) and IR1 is for after (10 year green card)

[Crazy Cat 43,675]

27 minutes ago, Jason F83 said:

whats the best thing to do and what are the actual wait times.

There are also other factors you might want to consider.

 

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. 

 

Good luck on your journey.  
   

 

Edited 17 hours ago by Crazy Cat

[Jason F83 0]

So going by the USCIS website then a KR-1 processed through california could take a year before shes here and a CR-1(we will have been married less than 2 years) would take 2 plus years?   I'm concerned about wait times because as I said we are getting up there in age, and want to start trying for kids right away after marriage, plus due to religious reasons we wanted to abstain from relations until marriage.  I can wait a year for a K1 but if a K1 is 2 years plus it might be better to go CR-1 and I'll go live with her on and off in PH.

[TBoneTX 47,004]

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

[wildbug100420 257]

2 hours ago, Jason F83 said:

I decided to work with a visa agency that specializes in the Philippines for my fiance currently living in PH.  They told me a K-1 would take 14 months and a CR-1 would take 16 months until shes here with me. 

 

I went onto the USCIS website and it said 8.5-30 months based on field office location for a K-1.  I am in Massachusetts so would mine go through the Vermont field office?  The Vermont field office said 30 months on the USCIS website.  The California office said 8.5 months. Then correct me if wrong it could be months more to get through NVC?

 

On the USCIS website it says 17 months for a CR-1 for service centers if its only an IR (immediate relative) and 66 months for all field offices if not an IR.  Is a spouse an IR immediate relative?

 

Then it would have to go through the embassy in Manila for who knows how long?

 

Can this be right?  is the wait that long?

 

Shes in her mid 30's I'm in my early 40's.  We both really want to start a family as soon as possible due to our age...whats the best thing to do and what are the actual wait times.  Thanks so much.

Why are you using an agency ? The forms are fairly easy to fill out.

 

 

[Boiler 46,936]

I always get worried when I see Agency mentioned.

K1 seems to be very popular in PI for Country specific reasons?, CR1 is the better bet usually.

[W199 415]

I am in Massachusetts too. You probably used the same agency that specializes in Filipino k1/cr1 visas that I used since I know of only one. They are very good and know what they are talking about.  They do these every day and know how long the wait is.  If they say 14 months, then that means the ones they did 14 months ago are now coming to the USA.  But this is very dynamic. The wait for K1 or CR1 visas that are being submitted now could be longer or shorter than the ones submitted over a year ago. If I was betting, it may slow down even more with the current administration.

 

By the way, that agency was invaluable for me.  They saved me a huge amount of time, and cleared up a lot of misinformation and wrong info about various subtle issues that you will read about.  They even corrected bad  advice that my immigration lawyer gave me (admittedly a free benefit from work).  Without the agency's help my K1 would probably been denied.  But mine was a complicated.  For a standard case, its not that bad if you are good at research. It was worth every penny (only $600).

 

Its a difficult decision to apply for a K1, abstain, and risk delaying your family.  Or get married, start a family while waiting for the VISA.  The answer depends on very complex set of variables.  Keep in mind, if you decide to get married in the Philippines  that will add a lot of time beyond the 16 months they gave you, unless you do a Utah proxy wedding.  The agency can explain why.  if money is any  issue, if you marry this year, you can file taxes jointly which will also save a huge amount of money if you have a high income and she has none.

[JeanneAdil 6,924]

15 hours ago, Jason F83 said:

So going by the USCIS website then a KR-1 processed through california could take a year before shes here and a CR-1(we will have been married less than 2 years) would take 2 plus years?   I'm concerned about wait times because as I said we are getting up there in age, and want to start trying for kids right away after marriage, plus due to religious reasons we wanted to abstain from relations until marriage.  I can wait a year for a K1 but if a K1 is 2 years plus it might be better to go CR-1 and I'll go live with her on and off in PH.

both visas will take anywhere from 18 months to longer as the wait time in Manilla for interview is long

many do go and live while waiting the process 

If they can maintain income and a US residency and file tax returns as required

the best to u both

 

if you do have a child while waiting , you will file CBRA for the child to have US citizenship so you don't have to do a separate petition to bring child here