Trying to decide between K-1 and CR-1

[Tekk 0]

I have read online and a lot of people recommend CR-1. However, I want to understand if it is right for my situation.

Currently I visit my fiancee in Moscow for 2-3 weeks out of every 8 week period. The time apart REALLY sucks. I realize K-1 costs more, and she can't immediately work when in the US. She is self-employed, and has over 100k saved, so this is not a problem for her.   We really hate being apart, and just want to be together as soon as possible, even if K-1 costs more and takes a bit longer for a green card and more paperwork.

From what I've read it seems like K-1 visa is 12 months average, and the CR-1 could take 20-24 months before she could enter the US. 2 years sounds horrible, so we have been leaning toward the K-1 visa.

However, since she is Russian, will the K-1 (or CR-1) take even longer to get?  I have been researching and trying to prepare for everything we need. For example she doesn't have a Schengen visa, but regardless of K-1 or CR-1, we were thinking of applying for it for France and doing a couple short term trips, then applying for a longer term one, so when the interview time comes she can easily make it to Warsaw if it's necessary to go there. Is this even necessary, or is it not difficult to get it switch to Belgrade or another country that doesn't require a visa?

Just really needing feedback so I make the best decision to start this process. Will the current situation with Russian mean the K-1 will still take a long time? I also plan to work with an attorney so we can make sure we have everything in order during this process with no issues.  Any recommendations would be appreciated. 

Edited August 25 by Tekk

[P3ACHY 36]

Russians don't seem to have different wait times than average. Wait times can also change than what you're seeing now. For example, when we applied, it was looking like 11 months for IR1/CR1 i-130 approval (and about the same for K1), but then it turned into 16 months for us.

Still, we don't regret doing IR1/CR1. Yes we waited a bit longer, but it's been a smooth process adjusting here, within 2-3 weeks, my husband basically had all the documents he needed to live normally here in the US (driver's license, ssn, temporary green card in passport which everyone has accepted, bank account, credit card). There's no barriers and long waiting periods for things like there can be for K1. No extra paperwork. Plus our clock for citizenship is already running, and we want to get that as soon as possible.

 

You have to make the choice that's best for you guys. My husband didn't want to be a burden and I know with K1, he would be super restless and uncomfortable not being able to look for a job, drive, contribute as much, etc.

 

I wouldn't go crazy over thinking it with the trips to France. People are getting denied for Schengen visas who've had them in the past, so it's no guarantee. Currently I've seen cases that get transferred to Kazakhstan the most, but in a year when you're approved, it could be different. But it seems like embassies are more lenient with the situation, and if she gets denied for a Schengen visa, I'm sure she can transfer to Kazakhstan or another embassy without a huge fuss.

[Crazy Cat 45,120]

11 hours ago, Tekk said:

so we have been leaning toward the K-1 visa.

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.
   

 

[Crazy Cat 45,120]

If Russia is placed on the travel ban, then a CR-1 might be the only choice as spouses of US citizens have been exempt.  K-1s cannot enter from travel ban countries.

[Tekk 0]

40 minutes ago, P3ACHY said:

Russians don't seem to have different wait times than average. Wait times can also change than what you're seeing now. For example, when we applied, it was looking like 11 months for IR1/CR1 i-130 approval (and about the same for K1), but then it turned into 16 months for us.

Still, we don't regret doing IR1/CR1. Yes we waited a bit longer, but it's been a smooth process adjusting here, within 2-3 weeks, my husband basically had all the documents he needed to live normally here in the US (driver's license, ssn, temporary green card in passport which everyone has accepted, bank account, credit card). There's no barriers and long waiting periods for things like there can be for K1. No extra paperwork. Plus our clock for citizenship is already running, and we want to get that as soon as possible.

 

You have to make the choice that's best for you guys. My husband didn't want to be a burden and I know with K1, he would be super restless and uncomfortable not being able to look for a job, drive, contribute as much, etc.

 

I wouldn't go crazy over thinking it with the trips to France. People are getting denied for Schengen visas who've had them in the past, so it's no guarantee. Currently I've seen cases that get transferred to Kazakhstan the most, but in a year when you're approved, it could be different. But it seems like embassies are more lenient with the situation, and if she gets denied for a Schengen visa, I'm sure she can transfer to Kazakhstan or another embassy without a huge fuss.

So it’s a gamble on wait times regardless?

 

we were just trying to figure out the best way with whichever method we go so that if she has to go to Poland she isn’t unable to make it. With how these fluctuate, we are starting to think CR-1 may be the right way even if it does take longer. Being apart just really sucks…  I’m flying out there as often as I can. 

16 minutes ago, Crazy Cat said:

If Russia is placed on the travel ban, then a CR-1 might be the only choice as spouses of US citizens have been exempt.  K-1s cannot enter from travel ban countries.

Thanks, I didn’t consider this, or the delayed part you mentioned above. 

[P3ACHY 36]

1 hour ago, Tekk said:

So it’s a gamble on wait times regardless?

 

we were just trying to figure out the best way with whichever method we go so that if she has to go to Poland she isn’t unable to make it. With how these fluctuate, we are starting to think CR-1 may be the right way even if it does take longer. Being apart just really sucks…  I’m flying out there as often as I can. 

Thanks, I didn’t consider this, or the delayed part you mentioned above. 

 

You never know how it could go. And wait times for i-130 approval have gone down from 16 months to 14 months this year, maybe it'll keep trending in that direction.

 

Search for "track my visa now" and you can find current wait times and trends.

Edited August 25 by P3ACHY