Igi

Thanks, everyone.

I was expecting marriage to be the only real option. I'll have a chat with my partner and see what we can do. I'm heading over to see them again in April so who knows, maybe I'll bring a little box along with me

Regarding the the whole K1/CR1 process then... is it worth me pursuing the K1 route or would it be easier/cheaper/quicker, in the long run, to just get married and go for a CR1? In my head, trying to come in on a marriage visa after being married for a month or so might seem a little sketchy. To me, getting permission to be married in the US and then going from there seems like a less risky route. If I'm wrong here, please do correct me.

Also, I've been reading some documents on the forms needed to be submitted for a K1 and I'm confused on one aspect. Will my partner need to be able to prove financial support for me until I can get a job? I can pretty much start saving £500-1000/mo starting now up until the actual move so would I be able to inform them that I can be self-supporting until being permitted to work?

Which leads me onto the last question that I can't seem to find a good answer for... what sort of processing times am I looking at? I've seen figures on the gov websites like "a few months" and that seems realistic. e.g. if I were to pop the question in April, and we applied for the K1 end of April/May time... would it be even remotely feasible that I'd be in the US by the end of the year with a CR1? Or am I better off expecting it to be early/mid next year? Also, on top of that... how long would it be before I could work? I've read that there would be some more bits I'd have to apply for once successfully getting my CR1 in order to work so could I expect a few more months on top before being able to apply for jobs?


Thanks again everyone, you're a huge help. My partner is having some difficult times at the moment and the concept of me being able to move over has helped lighten their moods.

Noorah101

Our Wiki Guide has a K-1/CR-1 comparison chart to help you decide: Comparison of marriage-based visas : British Expat Wiki
Details on K-1 here: K1 : British Expat Wiki
Details on CR-1 here: CR-1 : British Expat Wiki

Most folks choose the CR-1 because it allows them to work immediately upon arrival in the USA, with no further paperwork to adjust status. You become a US Permanent Resident immediately.

You would get married in the USA and then return to the UK for the visa process, which can take up to a year or so. So you wouldn't be coming to the USA on a marriage visa after only being married a month. And immigration doesn't even care how long you've been married anyway. The I-130 can be filed right after getting married.

You don't need permission to get married in the USA. It can be done on the VWP with absolutely no problem.

The K-1 and CR-1 have different financial requirements, but in the end it all boils down to yes, the fiancée/spouse will need to file Affidavits of Support. But there are ways around it if she doesn't meet the income requirements. Once you choose a path (K-1 or CR-1), it will be quite some time before the financial step is required, so you'll have time to figure it out.

It has nothing to do with whether you can work in the USA or not. Immigration doesn't care if you never work in the USA. If you're ONLY counting on savings, that amount isn't going to be enough. Take a look at www.uscis.gov, Form I-864 and I-864P for the income requirements. If she doesn't earn enough in income and wants to use savings (if you are married your own savings count as joint, too), you'll need 3x the amount that was required in income (income is around $20,000 a year, so figure $60,000 in savings, roughly).

For both the K-1 and CR-1, figure 12 months.

That's probably only for the initial petition approval. There are more steps after that.

In the paragraph above, you mention both K-1 and CR-1 in the same timeline. They are different visas. You don't do a K-1 and then switch to CR-1.

If you get engaged and file an I-129F towards a K-1 visa in April 2018, you'd be entering the USA around April 2019 on the K-1 visa, then you have 90 days to get married, then you apply for Adjustment of Status (AOS) to get US PR status (green card). You remain in the USA after marriage, but will take a while to have permission to work (it's applied for with the AOS paperwork).

If you marry and file an I-130 towards the CR-1 visa in April 2018, you'd be entering the USA on the CR-1 visa around April 2019. You become a US PR immediately, no further paperwork, and have the right to remain in the USA.

So both visas take about a year from start to finish. The two important questions to help you decide are:
1. How important is it to work in the USA right after you arrive?
2. Do you prefer to spend time apart as an engaged couple or married couple? (you can still visit each other during both processes).

With either visa, if you take the first step (filing a petition) in April 2018, you are looking at around April 2019 to be permanently in the USA.

With the K-1 visa, probably not until several months after arrival. With the CR-1, you can work immediately.

No, that's with the K-1. The K-1 fiancé visa requires more paperwork to be done after your arrival in the USA in order to get permission to work. The CR-1 spouse visa allows you to work right away.

It's a lot of information, but we are here to help you sort through it. Read all the links, let it all sink in, and then come on back with any questions.

Rene

Noorah101

Apologies, somehow this thread showed up closed....it is open now to all comments.

Rene
Moderator

Igi

Haha, I was about to drop you a message asking about that :P

Thanks a bunch for the swath of information. I'm at work right now so it's probably best that I don't sit here looking up how to leave the country on company time

I'll be sure to have a good read tonight and let you guys know if I have any questions.

Again, much appreciated for all the help!

Noorah101

LOL

You're welcome!

Rene

BenK91

From a personal point of view I regret choosing the K-1 over the CR-1.

Sure the K-1 was quicker, but AOS is another expensive and lengthy portion to tack on.

I couldn't work for 4 months and to me that made a big difference in adjusting to my new home. I've worked full time since I was 17 and to be sitting around the house for that length of time while trying to adjust to a new country wasn't very fun at all.

It's also worth noting my AOS has been pending for a year now and I believe Tom's took about a year to be adjudicated too. Although this isn't necessarily a problem provided you have your AP and EAD (AP is Advanced Parole and allows you to leave the US and re-enter. EAD is Employment Authorization and obviously allows you to work!). It still isn't great to be waiting around for something for this length of time. However some offices are quicker than others, your AOS could be completed in 6 months or it may be completed in 18 months.

So again, if you were to ask me I'd tell you to go down the CR1 route but obviously you should do what suits you and many of us on here have been through the CR-1 and K-1 so you should get any questions answered

tom169

K-1 AOS has been a pain in the butt. However, it is a decision we made that we wanted to be together from the day we got married. We were educated and walked into the process with a good idea of what will happen. We definitely had our frustrations though!

It's a decision you and your other half need to have a good sit down and think through.

Good luck.

Igi

Nice to see a fellow Yorkshireman here

As nice as it would be to be able to spend the time together... I don't think it's going to be financially viable for us to go the K1 route. My partner barely makes enough to live themselves (absolutely refuses to let me help but that's pride for you ). So if I'm unable to work while being there which could be; judging from some the AOS stories; anywhere from 4-12 months depending on the circumstance... I think it's going to be pretty hard.
We definitely need to have a good think/chat about it and see what we're comfortable with. At this rate though, the CR1 route is likely going to be our best bet.

Still, need to read through the myriad of info and chat with my better half about it though so we'll see what we can come up with.

Welp, a great way to kick off the new year. This one is going to be pretty crazy

tom169

I do miss the Yorkshire countryside. Great county.

I don't blame you for choosing the CR-1 route in your circumstances. You'll be a permanent resident from the day you enter the country, able to work or study right away.

Just FYI on use of the word "partner" - here (being the US) it is generally used in same sex relationships.

If that's what you are in then absolutely fantastic! And just to re-assure you that same sex marriage is totally OK with the USCIS.

If not then it might make you get some confused looks. I once accidentally referred to my wife as partner on the phone to a call center and started a great conversation about gay marriage rights.

Igi

Ah, thanks for the heads up!
It gets a little confusing. I tend to refer to them as my 'partner' as they identify as male; though, legally female for the time being. So for all legal and visa circumstances, they'd be my wife so I'll keep that in mind when referring to them to any legal authority. As much as I enjoy equal rights discussions, I'd probably prefer to avoid any unnecessary chats with officials in future

Noorah101

Hi Igi,

One thing I notice is that you refer to your partner in plural, as in "they identify...", "they'd be...". It really is just one person, right?

Rene

Igi

Haha yep, just the one. Again, force of habit with them being transgender
Sorry to cause any confusion.

Not planning on any polygamous relationships anytime soon... I get far too jealous for that kind of deal
Though, on that note, I did read over a part on one of the gov sites that mentioned polygamous relationships are fine so long as you're the sponsors first spouse. Funny to see them have a specific section addressing that

Rete

Thanks, Rene. I was just going to ask. I kept seeing plural pronouns instead of he or she. It was they, them, themselves. BTW just for the sake of political correctness, transgender people can and do obtain Immediate Relative Visas or Adjustment of Status. The change of gender is not a hinderance.

They address it because there are many Muslims who have multiple wives. The first wife is usually the legal wife. The wedding ceremony for the other wives are not recognized by the US government and those wives cannot be brought to the US. The government does not care how many people play in your bedroom. They only care about the legality of the marriage.

I hate to the bearer of bad news but if your love interest cannot do the I-134 Affidavit of Support for the K-1 Fiancee Visa, there is no way on god's green acres that she/he can do it for the I-864 Affidavit of Support needed for the CR-1. The financial requirement are the same for both, so if you can't do one, you certainly can't do the other.

HOWEVER, all is not lost. They can use a joint sponsor to complete another Affidavit of Support for you. The only requirement is that the joint sponsor be either a US Citizen or a US Legal Permanent Resident, lives within the US and has the financial ability to meet the criteria of the Affidavit of Support per their family size PLUS one (you).

SanDiegogirl

So are they going to be able to sponsor you for a spouse visa?

To sponsor a spouse the sponsor must be earning around $20K. If not then a joint sponsor must be sought.

Igi

I've just been reading up on the financial side of things and noticed the $20k figure for the cr1.

I've asked my partner about their financials and awaiting a response but I'm unsure if they make the cut, nor have the assets to use in lieu of income ad I believe that would be the $60k mark. So it's looking like a joint sponsor may be our only option which is disheartening.

I'm correct in saying that assets can't subsidise earnings, right? It's one or the other?