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 (about 5-6 months)
Spouse can not work until she/he receives EAD (about 5-6 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 10 to 12 months after Adjustment of Status is filed.
Estimated timeline is approximately 8 to 10 months (NOA1 to Interview) This is officially quoted as 6 to 12 months.
K-1 Fees
$535 - USCIS Filing Fee
$265 per person - DS-160 (Visa Application)
$200 to $400 - Medical Fee
$1,225 per person - AOS Fee (Includes EAD/AP if filed together)
$750 per child under 14
$680 per person - ROC Fee
$2,705 plus medical (K-1)
$2,170 plus medical (K-2 over 14 years old)
$1,695 plus medical (K-2 14 years old and younger)
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 (LPR) status IMMEDIATELY upon entry to the United States
Estimated timeline is 10 to 12 months (NOA1 to Interview) This is officially quoted at 12 to 14 months.
CR-1 Fees
$535 - USCIS Filing Fee
$120 - Affidavit of Support Fee
$325 - DS-260 (Visa Application)
$200 to $400 - Medical Fee
$220 - USCIS Immigrant Fee
$680 - ROC (if married less than 2 years at POE)
$1,200 plus medical (per person if married more than 2 years when filing)
$1,880 plus medical (per person if married less than 2 years at POE)
A K-1 is more likely to be ultimately denied than a CR-1.
A refused K-1 with the petition being sent back will sit and die.
A refused CR-1/IR-1 with the petition being sent back can be reaffirmed and not refused again for the same reason if based upon the same evidence.
If concerned about the CO's evaluation of the relationship, then a spousal visa would be an optimal path.
Also, certain crimes can be an issue with an I-129F, but only very few crimes are an issue for an I-130 (e.g. AWA).
