Seeking advice for Thai/US couple - What US visa path to take?

[Dashinka 26,109]

On 7/20/2025 at 3:20 PM, OldUser said:

How is K-1 quicker than CR-1 for citizenship? 

 

Requirements are same for LPR who came under CR-1 or K-1:

 

1) Being married for 3+ years

2) Being LPR for 3+ years

 

With CR-1 you're already married when you file, so clock on condition #1 gets started earlier.

 

For condition #2, adjustment of status takes time. The time while waiting for GC doesn't count towards condition #2

 

 

CR-1 provides better protection for immigrant from multiple perspectives:

 

1) Travel bans make exceptions for spouses, but not for fiances

2) K-1 can expire

3) US citizens occasionally play games AKA "I changed my mind about marrying", "I cannot afford the fees" etc. And K-1 are more vulnerable to this.

 

 

As a foreign beneficiary, I'd feel a lot more confident with CR-1 being filed for me, and not K-1.

 

As a petitioner, I'd also be more confident about outcome with CR-1 compared to K-1 and to me it would be important to show real commitment (CR-1) and not a promise (K-1).

 

Finally, to many foreigners, traditional marriage back in their home country is important. CR-1 gives excellent opportunity to do this.

 

I'm totally aware this is just my opinion, and others may have valid reasons to go K-1. But I see fewer of these reasons in 2025.

To be fair, a CR1/IR1 visa may also expire.

[OldUser 10,383]

4 hours ago, Dashinka said:

To be fair, a CR1/IR1 visa may also expire.

Sorry I meant approval notice for I-130. Yes, it can expire, but you can keep the case alive by contacting NVC. With I-129F, one has less control.

[EllisAndRenz 222]

On 5/24/2025 at 1:05 AM, TBoneTX said:

Welcome to the forum, and thanks for your intelligent questions.

 

The CR-1 visa is superior to the K-1.  See the comparison, as compiled by our fine member Crazy Cat:

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

CR-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.

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The challenge would be subsequent time spent outside the U.S. in terms of maintaining her resident status.  The above visas are for immigrating, not essentially visiting for short periods during the year.  Others here will be along to discuss this and other issues in depth.

 

As someone who did the K-1 with my Filipina wife, I concur.  The CR-1 is far easier.  If I had to do it over, it's what I would have done.  Downside: My family couldn't have been at the wedding.