Advice on k1 vs spouse visa for my situation

[Glight101 0]

Me and my Indonesian GF have been dating in long distance relationship since Oct 2023.  We’ve met 5 times since then and I’ve met her family however she has not been able to meet mine as she was rejected for US tourist visa earlier in the year.  Now considering in 2026 possible marriage plans and want to know the best plan either between these two options.

 

I understand some of the basics like K1 costs more and cannot work while in US for several months until adjusting status but my situation might be different

 

-I am us citizen by birth and have stable job here living in NJ

-she is 27 has college degree and works for Indonesian company making approximately $500 usd a month

-She says she hears bad things about US so she would like to visit first before marriage as she is worried she won’t like it that’s why I consider K1

-I am divorced since Nov 24 and was in separation/divorce process originally when we met, will it affect this at all?

-I hear about the timeline of k1 where recipient is not able to work, but able to come here, but being that her salary is low I’m not sure it makes a difference if she can’t work temporarily.  Would she be able to attend any school on k1 or do odd jobs for cash like babysitting?

-if she gets k1 could she go back to Indonesia or travel to any other country during the initial 90 day period and get married there?  As she wants to have family party in Indonesia

-she is Muslim so if we officially marry overseas it would have to be somewhere like Singapore i assume

-regarding my own protection, I do love her and want to marry her but I know a lot of risks are involved especially since we didn’t live together long term yet and only went on vacations together, is there any legal benefit in marrying overseas vs in the US if I want to get a pre-nup or is it invalid in all cases because I signed to support her?

-approximately how much is the cost difference in K1 vs spouse visa?  It might be offset by the cost of flights and me traveling to see her

-I understand the wait for k1 is around 12 months and then have to wait another 8-12 months to work whereas spouse visa is 18-24 months to get, is that correct?  So basically is around the same timeline altogether just that she can work in Indonesia until getting approved for spouse visa?

[Crazy Cat 44,556]

49 minutes ago, Glight101 said:

or do odd jobs for cash like babysitting?

No....not until she had an EAD or a Green Card. 

 

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.
Current Presidential executive order (travel bans) don't allow K-1 visa holders from some countries to enter the US.

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. 
Current Presidential executive order (travel bans) exempt immediate relatives of US citizens.
   

 

Edited Sunday at 08:15 PM by Crazy Cat

[S2N 334]

It is also worth noting that the CR-1/IR-1 process is trending towards taking roughly the same time as K-1 does, while K-1 is expected to slow down compared to current speeds.

 

A few years ago this was also the case, but in the last two years of Biden there were significant delays at the USCIS stage for I-130s. They’re still processing through those, so average approval time for I-130 stands around 14.5 months now, but based on the current rate of processing people who submit today would see the first approvals from USCIS in about 11-12 months if they keep up current processing speeds.

[pushbrk 13,625]

Apply your own priorities in making this decision.  My additional advice is for neither of you to rely on what you've heard.  Get the facts.  When it comes to what she has heard, make sure she has your opinion on the same matters, and do it in a way she trusts what you say more than some random things she heard from who knows whom.

[S2N 334]

34 minutes ago, pushbrk said:

Apply your own priorities in making this decision.  My additional advice is for neither of you to rely on what you've heard.  Get the facts.  When it comes to what she has heard, make sure she has your opinion on the same matters, and do it in a way she trusts what you say more than some random things she heard from who knows whom.

2nd this. The number of times I have had to bat down rumors in this process that have no basis in reality is legion.

 

There’s a Chilean travel influencer living in Los Angeles, California that appears to be the source of all my woes. Not because my husband follows her, but she appears to be the source the newspapers and TV news down their rely on for US immigration and tourism law.

[smilingstone 620]

She is 27, how old are you? I'm assuming there's an age gap if you are previously divorced. Large age gaps can be a red flag. 

 

She is Muslim, are you? If not, will you be converting? Again, differences in religion can be a red flag. 

 

Prenup is irrelevant to immigration sponsorship. You can't divorce yourself out of that contract. 

 

Why was she refused a tourist visa? I sufficient ties to home country? 

 

Sounds to me like you'd be better off going spousal, marrying in her country so her family can be there. Try for a tourist visa again so she can visit you, have a seperate celebration with your family, and continue as you are until spousal goes through. It will also allow her opportunity to experience the US. Last thing you want is to go with a K1, she gets here, hates it, and you've wasted all that money and now face ending relationship or moving to her country. 

[S2N 334]

11 minutes ago, smilingstone said:

Try for a tourist visa again so she can visit you, have a seperate celebration with your family, and continue as you are until spousal goes through

B-1/B-2 would likely be denied again after a marriage to a USC spouse, especially if there was a pending I-130. ESTA renewals usually go through but they’re less generous on B-1/B-2.

 

Can always try, but marriage usually doesn’t strengthen B-1/B-2 applications.

[Glight101 0]

10 minutes ago, smilingstone said:

She is 27, how old are you? I'm assuming there's an age gap if you are previously divorced. Large age gaps can be a red flag. 

 

She is Muslim, are you? If not, will you be converting? Again, differences in religion can be a red flag. 

 

Prenup is irrelevant to immigration sponsorship. You can't divorce yourself out of that contract. 

 

Why was she refused a tourist visa? I sufficient ties to home country? 

 

Sounds to me like you'd be better off going spousal, marrying in her country so her family can be there. Try for a tourist visa again so she can visit you, have a seperate celebration with your family, and continue as you are until spousal goes through. It will also allow her opportunity to experience the US. Last thing you want is to go with a K1, she gets here, hates it, and you've wasted all that money and now face ending relationship or moving to her country. 

Thanks for your reply 

 

I am 39 so yes we have age gap

I am not Muslim and don’t plan to convert, she knows this and she is not overly religious herself but her family is but they have all met me multiple times and don’t have any issues with our differences 

 

They really didn’t give her much reason on why it was rejected but I am assuming it’s related to insufficient ties as she has less than 20,000 usd saved and no car or home and just lives with her parents.  

 

[OldUser 9,995]

13 minutes ago, Glight101 said:

Thanks for your reply 

 

I am 39 so yes we have age gap

I am not Muslim and don’t plan to convert, she knows this and she is not overly religious herself but her family is but they have all met me multiple times and don’t have any issues with our differences 

 

They really didn’t give her much reason on why it was rejected but I am assuming it’s related to insufficient ties as she has less than 20,000 usd saved and no car or home and just lives with her parents.  

 

39M and 27F isn't a big enough gap to worry about.

[smilingstone 620]

14 minutes ago, S2N said:

B-1/B-2 would likely be denied again after a marriage to a USC spouse, especially if there was a pending I-130. ESTA renewals usually go through but they’re less generous on B-1/B-2.

 

Can always try, but marriage usually doesn’t strengthen B-1/B-2 applications.

 

Ah, probably best for OP to visit then. 

[Ontarkie 14,948]

~~Moved to What Visa Do I Need, from IR1/CR1 P&P- as the Op is still trying to decide what fits them best.~~

[TexasRafael 162]

While my situation was a little different, ( we were a same sex couple,) we had no options but to apply for a K1.  My husband is Indonesian and Muslim and I am Catholic.  The K1 was approved, he came to the US unfortunately while waiting for the adjustment of status, work permit and advance parole, he had to return to Indonesia, so we started the whole process again with the Spousal Visa.  If I had a choice I would have opted for the marriage visa from the start but that was not a choice for us.  I do want to comment that on both our applications the process took a VERY long time because the first time he went to Premier Bintaro for the medical he tested positive for TB and had to go into treatment for a very long time.  I believe that you can still marry in Indonesia, not a third country, and then work out the spousal visa.  Certainly welcome to share our experiences with you.  If you have any question, send a message.  Good luck.  

[spicynujac 77]

22 hours ago, Glight101 said:

  We’ve met 5 times 
Now considering in 2026 possible marriage plans.

-She says she hears bad things about US so she would like to visit first before marriage as she is worried she won’t like it that’s why I consider K1

-regarding my own protection, I do love her and want to marry her but I know a lot of risks are involved especially since we didn’t live together long term yet and only went on vacations together, is there any legal benefit in marrying overseas vs in the US if I want to get a pre-nup or is it invalid in all cases because I signed to support her?

The best option for "visiting the US first" is the tourism route which you already tried.

What will you do if she doesn't like the US and want to live here?  End the relationship?  Move back to her country?

Are you sure you are ready to marry?

 

If you are committed to the relationship, the best option seems to marry now and pursue spousal visa.  

Yes, it's a bit ridiculous to ask someone to commit to living somewhere they aren't even allowed to see first, but that's US Immigration for you!

At least we have free video calling today, and it's a bit easier to portray what life would be like before she arrives blind (hint: It's NOTHING like what Hollywood portrays!)

 

If you aren't committed to moving anywhere in the world to be with your spouse, you could roll the dice and try a fiance visa, but it's an expensive time consuming gamble with a couple years of your life.  Definitely don't rush into a marriage before you are ready, but also I'd be hesitant to put things on hold for 2+ years while I decide if this is the right partner for me.  In my case, I was sure, and we used our 17 month waiting period to plan a religious ceremony in her home country (after doing a civil marriage through the state of Utah, in order to get the ball rolling on the US immigration side).  This made the time go by rather quickly, and was fun for her.

 

If you are still unsure, I would probably visit more, make video calls with both families, attend some religious or couple counseling, maybe bring a sibling or best friend over to meet her, or whatever you need to do to decide you are ready for marriage.  Remember, If you went the fiance visa route, you only have 3 months to decide this.

22 hours ago, Glight101 said:

-approximately how much is the cost difference in K1 vs spouse visa?  It might be offset by the cost of flights and me traveling to see her

 

My total cost for IR-1 spousal visa (2023-2025) was $1,215 to the US gov't and $1,704 total including foreign medical fee, which varies by country.  Last I checked, K-1 cost is at least $3,000 in US fees.  And then you only have a 2 year green card which must be renewed ($$), vs a 10 year one that can transition to citizenship.

 

I was also able to receive thousands in tax refunds by revising 2 years of US income taxes at the lower "married filing jointly" rate after marrying, during the visa processing period.  This was a huge financial savings, which more than covered the costs of our immigration fees, wedding, and honeymoon.

 

Anecdotally, my wife is fine with the US (doesn't love or hate it).  One of her biggest complaints (that I hear other foreigners echo) is poor transportation and how considerably less social things are here, and everyone is just focused on working (often multiple jobs).  We are likely moving back to her country one day, probably after my parents are gone, but she generally enjoys her new life here.  I did promise to send her home once a year. 

 

One of my best friends married a foreigner, who has been in the USA about a year, and she is NOT happy at all... they are a committed couple with a young daughter but I'm not sure what is going to happen.  It's definitely something to work through ahead of time as much as possible.  Maybe she can start talking to some expat groups on facebook from her country.  My wife found several friends that way.

 

Edit: After reading @TexasRafael s post above mine, Utah marriage is a viable option for a same-sex couple who wish to immigrate to the US through Immediate Relative (spousal) qualifications.  Utah allows couples to marry from anywhere in the world, whether you are physically together or not (but you must have one meeting to "consummate" the marriage before filing US I-130).  Basically once married by Utah, you are legally married in the eyes of the US government and free to sponsor your spouse as an immigrant.    

Edited 17 hours ago by spicynujac

[mitzab 320]

23 hours ago, Glight101 said:

Me and my Indonesian GF have been dating in long distance relationship since Oct 2023.  We’ve met 5 times since then and I’ve met her family however she has not been able to meet mine as she was rejected for US tourist visa earlier in the year.  Now considering in 2026 possible marriage plans and want to know the best plan either between these two options.

 

I understand some of the basics like K1 costs more and cannot work while in US for several months until adjusting status but my situation might be different

 

-I am us citizen by birth and have stable job here living in NJ

-she is 27 has college degree and works for Indonesian company making approximately $500 usd a month

-She says she hears bad things about US so she would like to visit first before marriage as she is worried she won’t like it that’s why I consider K1

-I am divorced since Nov 24 and was in separation/divorce process originally when we met, will it affect this at all?

-I hear about the timeline of k1 where recipient is not able to work, but able to come here, but being that her salary is low I’m not sure it makes a difference if she can’t work temporarily.  Would she be able to attend any school on k1 or do odd jobs for cash like babysitting?

-if she gets k1 could she go back to Indonesia or travel to any other country during the initial 90 day period and get married there?  As she wants to have family party in Indonesia

-she is Muslim so if we officially marry overseas it would have to be somewhere like Singapore i assume

-regarding my own protection, I do love her and want to marry her but I know a lot of risks are involved especially since we didn’t live together long term yet and only went on vacations together, is there any legal benefit in marrying overseas vs in the US if I want to get a pre-nup or is it invalid in all cases because I signed to support her?

-approximately how much is the cost difference in K1 vs spouse visa?  It might be offset by the cost of flights and me traveling to see her

-I understand the wait for k1 is around 12 months and then have to wait another 8-12 months to work whereas spouse visa is 18-24 months to get, is that correct?  So basically is around the same timeline altogether just that she can work in Indonesia until getting approved for spouse visa?

 

I will answer your questions from I129F as that is my case for my wife as well. 

 

-I am divorced since Nov 24 and was in separation/divorce process originally when we met, will it affect this at all?
It should not as long as you both were legally free to marry at the time of the submission of your I-129F

 

-I hear about the timeline of k1 where recipient is not able to work, but able to come here, but being that her salary is low I’m not sure it makes a difference if she can’t work temporarily.  Would she be able to attend any school on k1 or do odd jobs for cash like babysitting?
Absolutely NOT, she cannot work till approval of her work permit (or green card)

 

 

-if she gets k1 could she go back to Indonesia or travel to any other country during the initial 90 day period and get married there?  As she wants to have family party in Indonesia

-she is Muslim so if we officially marry overseas it would have to be somewhere like Singapore i assume
The K‑1 visa is single entry visa, If she leaves before getting Advance Parole (or a green card), she normally cannot re-enter

A K‑1 requires you to marry in the US within 90 days, If you marry abroad instead, the K‑1 route dies and you’d switch to a spousal (CR‑1/IR‑1) case.

You can always Marry civilly in the U.S. for immigration, then travel for a reception once she has Advance Parole or her green card.

We are also muslim, she came here we married here and had a party there and after her green card we went abroad and had a party with her family as well.

 

 

I took a big chance with K1 during covid times, somehow it worked out but if given a choice now I will never go K1 route, and this is 100% based on my flawless experience of the process. I 110% blv that CR-1/IR-1 is a much stronger case, you basically hit the ground running. K-1 and CR-1 timelines are also debatable at this point in time.

 

Good luck in your journey, we are rooting for you and hoping that you get together with your loved one sooner than later.

 

This forum is a Godsend, go through it and you will be able to find most of the answers that you are looking for, unfortunately this forum will not be able to guide anyone on shortcuts.