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Posted

Hello everyone!

I recently got engaged to my girlfriend back in February. We've been in a long-distance relationship for almost 4 years now, and we're thinking of taking the next step.

We were sure we wanted to go through the K-1 visa process, but since a couple of days ago, I've been lurking in the forums of VJ and reading more and more about both the K1 and CR1 visas. Now I'm debating on going for the CR-1 visa instead.
I've read quite a bit about the pros and cons of each, but I've got a couple of questions to ask before we decide on what route to take.

For the K-1
I believe right now, the processing time to get to the US is about a year? Possibly a year and a half. But then you have to get married within the 90 days, and then you have to do the adjustment of status. From what I've read (I might've read some old threads, so this might have changed, or processing times might be different), the processing time for the adjustment of status can be about a year? Is this accurate? Could it take longer? Or perhaps could it take less time? I'm a bit worried about being financially dependent on her for a long period of time. If it were, let's say, 3 months or 4 months, we could stomach it, but I feel like somewhere closer to a year, it'd be really rough on both of us.

For the CR-1
We're not yet married. Personally, I have no qualms about marrying her today and getting the certificate. How would we go about that, and what steps should we take for it to not be considered Visa Fraud? I got my B-2 visa about 2 years ago. I imagine if I were to visit and get married in the US, that would be bad, no?
Is our only option getting married through the Utah process that I've seen some people mention in VJ? Or how about her coming to Mexico and us getting married here ASAP, and then getting started on the process ASAP as well? Would we need to wait for any specific amount of time before getting started with the process?

I'm sure I'll have plenty more questions, but these are the most important right now. Looking forward to hearing from the nice members of this community!

 

Filed: IR-1/CR-1 Visa Country: Chile
Timeline
Posted
1 hour ago, Outstanding Pengu said:

I got my B-2 visa about 2 years ago. I imagine if I were to visit and get married in the US, that would be bad, no?
Is our only option getting married through the Utah process that I've seen some people mention in VJ?


It is perfectly legal to enter the U.S. as a tourist to get married and then return to your home country. We did it in December on my husband’s ESTA. Utah is also an option, but you’d have to meet in person after.

 

1 hour ago, Outstanding Pengu said:

Or how about her coming to Mexico and us getting married here ASAP, and then getting started on the process ASAP as well?


I’m not sure about Mexico, but in general Hispanic countries are known for ridiculous red tape around civil marriage. There’s a three week waiting period in Chile, for example, and they’ve been known to make foreigners hire translators for the ceremony. Running down for a “quick” marriage in Latin America isn’t usually that quick.

 

1 hour ago, Outstanding Pengu said:

Would we need to wait for any specific amount of time before getting started with the process?


Your fiancée can file the I-130 the second you’re married. It’s usually best to wait until CBP has recorded your exit from the country, though, which can be checked online on the I-94 website.

Filed: IR-1/CR-1 Visa Country: Chile
Timeline
Posted
50 minutes ago, pushbrk said:

Why not look into the details of marrying in Mexico, and compare that to marrying in the USA during a visit, then starting the spouse visa process.


Link in English to the details for OP. Not as stringent as a lot of South America, but still a decent amount of red tape.

 

Requires the foreigner to get their birth certificate apostilled and translated as well as to undergo medical exams in Mexico.

 

OP — My suggestion would be to fly in and do the wedding stateside since that avoids needing a translation for USCIS and the red tape of marriage in Mexico, but ultimately it’s a choice for the two of you and like pushbrk mentioned, there’s a lot of options.

Posted

Agreed with what was said above. After coming to the US on the K1 and marrying within 90 days and going through the process of filing the application to adjust status, definitely expect a year or more until the Adjustment of Status interview. You can pay to file for an EAD card, which is a work permit, but that can also take many months to process. Definitely something to consider if going 3-4 months without work would be a challenge. It would very likely be more than that.

Filed: K-1 Visa Country: United Kingdom
Timeline
Posted

I have seen VJers file AOS the same month as me in April and they already have their interview scheduled, if its not already happened. Mine is estimating over 2 years though. 

 

EADs seem to be much quicker, only a matter of months. Mine was approved in around 1 month, so atleast I got lucky there. 

 

There's also AP needed if you want to travel while AOS is pending. That can also take many many months. It seems pointless to try to get it if you have international travel plans within the next 6 months. 

 

If you're doing K1, you've got to be sure you're okay with the above (and paying for it all) and more waiting for an undeterminable amount of time.

 

For CR1, it might take you longer to finally be together, but you won't have to deal with the waits for AOS, EAD and AP. 

 

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Posted

Appreciate all the replies so far. Helps a lot to decide on what to do.

 

I've been doing a bit more research. As long as I go, get married, and come back everything should be fine right?

 

I'm a bit confused because some people in reddit are saying something about a 90 day period, or others claiming that going to the US and getting married is a red flag. But i think in some cases the people asking that want to stay in the US and then start then CR-1 process, which is definitely a no go, I fully understand I need to go back.

 

Also, about smilingstone's reply, what does EAD and AP mean?

 

Thanks everyone!

 

 

Filed: AOS (apr) Country: Philippines
Timeline
Posted
4 minutes ago, Outstanding Pengu said:

what does EAD and AP mean?

EAD is Employment Authorization Document.  It allows you to work while Adjustment of Status is processing.  It takes around 1 to 6 months for approval.  Once it is approved, you are legally allowed to work. 

 

AP is Advanced Parole.  This allows you to re-enter the US after international travel.  It's pretty expensive ($630 I think) and usually takes a long time (6 months+) for approval.  AP is only valid until you receive your green card.  Often, the green card is approved before AP, which makes the $630 fee just a donation to the government.

Filed: Citizen (apr) Country: Ecuador
Timeline
Posted

Here's another option for marriage:

 

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

Filed: Citizen (apr) Country: Ecuador
Timeline
Posted

Several smaller ports would be great for a bridge marriage.  In New Mexico, Palomas/Columbus.  In Texas, Caseta (downriver from El Paso); Nvo. Progreso (between Reynosa & Matamoros).  Larger ports:  Ojinaga/Presidio (not as scenic or romantic).  Maybe you're closer to Arizona or California.  At a smaller port like Columbus or Caseta, your marriage would be the hit of the day for the CBP agents.

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

Filed: IR-1/CR-1 Visa Country: Chile
Timeline
Posted (edited)
1 hour ago, Outstanding Pengu said:

I'm a bit confused because some people in reddit are saying something about a 90 day period, or others claiming that going to the US and getting married is a red flag. But i think in some cases the people asking that want to stay in the US and then start then CR-1 process, which is definitely a no go, I fully understand I need to go back.


A lot to unpack here:

1) There is no 90 day rule for USCIS. It’s guidance in the Foreign Affairs Manuel (FAM) for consular officials on when to assume misrepresentation in cases that they also need to be involved in, which these days mainly deals with people who entered the country without presenting themselves for inspection so is largely irrelevant. That it impacts AOS is one of the great urban legends in the immigration world.

 

2) Getting married can be a red flag for CBP, which is why my advice is to always say you’re entering for a vacation or tourism — this is not misrepresentation if your intent is to do a destination wedding in the U.S. and return. If you plan on doing AOS it likely is. There’s a document out there somewhere where USCIS’ internal appeals body distinguishes between “vacation” with intent to return and “vacation” with intent to adjust status. The short of it is so long as they don’t ask follow-ups and you return to Mexico it’s sufficient. @TBoneTX has a good standard line if they do ask follow-ups about if you’re getting married for how to honestly answer.

 

3) With all the above said, you are allowed to change your mind once you get here; the law on this is somewhat complex, but the short is that the only thing that is a bar to doing this is lying or misrepresentation to CBP when you enter. There’s a lot of myths around this topic on both the pro-AOS and anti-AOS sides which is why you see so much discussion on the 90 day rule above, people talking about if they can adjust after marriage, etc.

 

The most straightforward and legally sound thing to do is enter on B1/B2, get married, and head back, and then have your wife file I-130. If you do that you won’t have to worry about any of the grey areas that people waste so many pixels discussing.

Edited by S2N
Posted

I'll throw in my personal experience, and echo what I read on these forums when I was contemplating the same decision as you.

I read many times: "Many VJ posters have regretted going the fiance visa route.  I haven't seen anyone with a spousal visa wish they went the fiance route."

 

We are very happy we went the spousal visa route.  In our case, the process took around 18 months and $1,200 ($1,700 if counting the required medical test, paid directly to the hospital, which varies by country).

The fiance visa will cost over $3,000, historically take a similar amount of time (it's been both shorter and longer than the spousal visa post-covid and is currently faster.  (It's a bit hard to predict as it depends which type of visa the current administration prioritizes).  At the time we married, fiance was a slightly faster option, but requires months of waiting once in the US before you can work, travel, etc., and requires additional visits with US gov't bureaucrats and large fees you will pay in the future to "adjust your status" and other things you don't need to do at all if you get the spousal visa.  If the US increases those fees (they have increased several during our process), you will pay even more than planned. 

 

My wife was a permanent legal resident of the US the moment she arrived here, and particularly with the current US government situation, we are happy to have the legal status that we do.  Plus her Social Security card just showed up in the mail a couple of weeks after we arrived, no need to apply or pay for anything further.

 

What we did was a civil marriage ASAP via Utah over the internet while we were in separate countries (you can be married a week from now if you apply today) and then making a required personal visit to "finalize" the marriage before you are allowed to apply as a married couple for a spousal visa.  That left us with about 13 months to plan a nice church wedding where we invited friends, family, and made it a happy ceremony.  The planning for this big event (and the long honeymoon after) made the waiting pass by much easier.

 

*As a plus, I am getting thousands of dollars back from the IRS because US income taxes for the past 2 years we were married can be adjusted to "married filing jointly" which has a much lower tax rate than I had as a single man (slightly off topic as there is another forum for this, but it saved me *thousands and thousands* which basically covered the cost of my wedding plus immigration fees!)*

 

As someone who went through the process, I would only recommend fiance visa for someone trying to bring back existing children along with your partner or other special circumstances.  Plus I don't want to deal with US immigration agents or pay them money any more than I have to!  Bonus: if you enter the US 2 years after your marriage date, you get a 10 year green card instead of a 2 year one.  We shouldn't have to deal with immigration authorities again unless we apply for US citizenship (assuming we stay in the US).

 

The waiting is not ideal, but it's not all negative.  We used the time to take some online premarital counseling sessions, intentionally talk about how we will handle certain problems, etc. all things that got us on the right foot, that I probably would have skipped if I just married a local gal :)  Good luck to you and God Bless!

Posted

Thanks, everyone, for your replies; they have been very helpful. I'm definitely leaning more towards the CR-1 still. The K-1 seems way more troublesome. With everything going on immigration-wise lately (ICE, etc.) it seems better to just have everything nice and tidy before I get there (CR-1), instead of being there waiting for the AOS and all that.

Appreciate any additional input, especially on marrying options, other people's experiences (particularly recent ones), etc. Anything helps!

Also, I think the consensus here is that a lawyer could be more trouble than helpful, at least for K-1. Is that the same case for the CR-1? Would consulting a lawyer be a good option to help with the CR-1 process?

Thanks again!

Filed: IR-1/CR-1 Visa Country: Chile
Timeline
Posted
32 minutes ago, Outstanding Pengu said:

Also, I think the consensus here is that a lawyer could be more trouble than helpful, at least for K-1. Is that the same case for the CR-1? Would consulting a lawyer be a good option to help with the CR-1 process?


If you’re a straightforward case (i.e. no legal issues related to crimes or immigration and have evidence of the relationship being real) you should be able to DIY it.

 

That being said if you have the funds and value it, hiring a lawyer doesn’t hurt. Depends on what you place more value on and risk tolerance.

 

We were a straightforward case and I’m somewhat obsessive over details, so we saved the money and didn’t use a lawyer. Others here used a lawyer because they had the means and it gave them comfort. Ultimately it’s your call.

 

If it’s a complicated case always involve a lawyer.

Posted
43 minutes ago, S2N said:


If you’re a straightforward case (i.e. no legal issues related to crimes or immigration and have evidence of the relationship being real) you should be able to DIY it.

 

That being said if you have the funds and value it, hiring a lawyer doesn’t hurt. Depends on what you place more value on and risk tolerance.

 

We were a straightforward case and I’m somewhat obsessive over details, so we saved the money and didn’t use a lawyer. Others here used a lawyer because they had the means and it gave them comfort. Ultimately it’s your call.

 

If it’s a complicated case always involve a lawyer.

To add on that: lawyer isn't typically needed for easy case, but if you do end up hiring one, make sure name shows on AILA Lawyer search. Don't work with notarios / paralegals / lawyers specializing in more things than just immigration. Those ones typically cause more harm than good.

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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