CR-1 vs. K1 - A definitive answer?
Apr 24th 2009, 1:14 am
#1
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Joined: Jan 2009
Posts: 8
CR-1 vs. K1 - A definitive answer?
Further to reading [THIS POST] (sunflwrgrl13 your explanation was very useful, thanks)...
Being in a similar situation as this poster myself, we are trying to figure out what the best route for us is: do we go for the CR-1 (i.e. marrying now) or going down the K1 (i.e. marrying later)?
NB: I started a new post as there seem to be a lot of people asking this question and I was hoping this could provide a definitive answer.
I just wanted to ask:
1) Which is simpler? Having read up a lot about the K1 process, is the rigmarole of applying for the K1 (i.e. medicals, police records, a whole bunch of form filling etc) also required almost exactly the same for the CR-1?
2) Is the K1 or the CR-1 process is cheaper?
And, the most salient...
3) And is it true that if you have a CR-1 application pending that you can't enter the US whilst it's in process/ before its granted - as obviously you could just disappear? (But in saying that, the same could apply when the K1 is in process... i'm confused
)
4) Does anyone know why the CR-1 is taking slightly longer? The answer to question 1 may answer this but is it offset by the hassle that the K1 seems to be?
I also found [THIS LINK] which is quite useful at comparing the differences to certain degree, but still left me with these questions (and probably more).
This forum has been very helpful - thank you!
Being in a similar situation as this poster myself, we are trying to figure out what the best route for us is: do we go for the CR-1 (i.e. marrying now) or going down the K1 (i.e. marrying later)?
NB: I started a new post as there seem to be a lot of people asking this question and I was hoping this could provide a definitive answer.
you have basically 2 options:
1) You continue forward with your plan to marry within a few weeks. You then leave the US before the 90 days of your VWP is out, and your new husband files the paperwork to begin the CR-1 visa process. You can then officially move to the US in about 8-10 months.
or
2) You do not marry within a few weeks. You fiance can file the paperwork for the K1 Fiance(e) visa process. This visa gives you the ability to come to the US, marry your fiance, and then remain in the US afterwards. You will need to file additional paperwork to Adjust Status to a Legal Permanent Resident after marriage. There is a wiki on the site that explains the K1 process. It is currently taking around 7-9months for the K1.
1) You continue forward with your plan to marry within a few weeks. You then leave the US before the 90 days of your VWP is out, and your new husband files the paperwork to begin the CR-1 visa process. You can then officially move to the US in about 8-10 months.
or
2) You do not marry within a few weeks. You fiance can file the paperwork for the K1 Fiance(e) visa process. This visa gives you the ability to come to the US, marry your fiance, and then remain in the US afterwards. You will need to file additional paperwork to Adjust Status to a Legal Permanent Resident after marriage. There is a wiki on the site that explains the K1 process. It is currently taking around 7-9months for the K1.
1) Which is simpler? Having read up a lot about the K1 process, is the rigmarole of applying for the K1 (i.e. medicals, police records, a whole bunch of form filling etc) also required almost exactly the same for the CR-1?
2) Is the K1 or the CR-1 process is cheaper?
And, the most salient...
3) And is it true that if you have a CR-1 application pending that you can't enter the US whilst it's in process/ before its granted - as obviously you could just disappear? (But in saying that, the same could apply when the K1 is in process... i'm confused
)4) Does anyone know why the CR-1 is taking slightly longer? The answer to question 1 may answer this but is it offset by the hassle that the K1 seems to be?
I also found [THIS LINK] which is quite useful at comparing the differences to certain degree, but still left me with these questions (and probably more).
This forum has been very helpful - thank you!
Apr 24th 2009, 1:58 am
#2
Joined: Apr 2002
Posts: 35,082
Re: CR-1 vs. K1 - A definitive answer?
The final link.. wow, I haven't seen that in a long time. It predates this group! (1998--thank again Alvena)
I think you are trying to compare the visas in the 'wrong' way.. the way that is best is what is best for your family.
The K-1 was created in the 70s to be an analog of the Immigrant Visa (CR/IR etc) with the one little detail of needing to get actually married to complete it. That is why the process is virtually identical. The date is important because of the context in which the visa was created.. little international travel & communication.
Everyone has their own preferences and needs. Here is how we decided:
-it was unacceptable for us to have *any* period of time when my DH could not travel outside the US. The eliminated the K visas and the 10 foot pole (didn't know it was that at the time)
-we were both living overseas at the time and could petition via DCF.
What I've observed since is that entering with the Immigrant Visa is:
-good for emotionally mature couples
-good for families that need the immigrant to work immediately (note that this is currently tempered by being able to actually get a job) or travel internationally immediately
The K visa is good for people who aren't yet married, for cases where the foreign fiance can't tourist travel to the US (non VWP countries), and couples who do not need the foreign fiance to 'hit the ground running'.
I'm trying to reconcile your questions here with your other posts. It seems like you two are ready to move in together, but not marry? Unfortunately, many of us have looked for the elusive boyfriend/girlfriend visa but (see see K visa history) no such critter exists.
It's not illegal to visit during any of the mentioned visa processes.
The K-1 visa is generally 'faster' for reuniting in the US, the IV is faster for actually becoming a Permanent Resident. If you're not married, obviously you can start the K visa sooner, and conclude it sooner (vs getting married and filing for the IV).
What is it YOU are trying to accomplish? Which factors are most important to you two?
ETA: the Immigrant Visa probably costs less overall.
The reasons for the difference in speed of processing are many, but won't make a difference to your choice.
I think you are trying to compare the visas in the 'wrong' way.. the way that is best is what is best for your family.
The K-1 was created in the 70s to be an analog of the Immigrant Visa (CR/IR etc) with the one little detail of needing to get actually married to complete it. That is why the process is virtually identical. The date is important because of the context in which the visa was created.. little international travel & communication.
Everyone has their own preferences and needs. Here is how we decided:
-it was unacceptable for us to have *any* period of time when my DH could not travel outside the US. The eliminated the K visas and the 10 foot pole (didn't know it was that at the time)
-we were both living overseas at the time and could petition via DCF.
What I've observed since is that entering with the Immigrant Visa is:
-good for emotionally mature couples
-good for families that need the immigrant to work immediately (note that this is currently tempered by being able to actually get a job) or travel internationally immediately
The K visa is good for people who aren't yet married, for cases where the foreign fiance can't tourist travel to the US (non VWP countries), and couples who do not need the foreign fiance to 'hit the ground running'.
I'm trying to reconcile your questions here with your other posts. It seems like you two are ready to move in together, but not marry? Unfortunately, many of us have looked for the elusive boyfriend/girlfriend visa but (see see K visa history) no such critter exists.
It's not illegal to visit during any of the mentioned visa processes.
The K-1 visa is generally 'faster' for reuniting in the US, the IV is faster for actually becoming a Permanent Resident. If you're not married, obviously you can start the K visa sooner, and conclude it sooner (vs getting married and filing for the IV).
What is it YOU are trying to accomplish? Which factors are most important to you two?
ETA: the Immigrant Visa probably costs less overall.
The reasons for the difference in speed of processing are many, but won't make a difference to your choice.
Last edited by meauxna; Apr 24th 2009 at 2:01 am.
Apr 24th 2009, 2:14 am
#3
Just Joined
Thread Starter
Joined: Jan 2009
Posts: 8
Re: CR-1 vs. K1 - A definitive answer?
Thanks so much for your help!
Is it (still) accurate?
OUR main aim is to begin living life together permanently in the US, with minimal time apart as realistically possible, with me being able to legally work.
I am in US on VWP currently and we are deciding whether we should marry now or later, and whether the K1 may involve more stress than just "doing the deed" and applying for the CR-1.
One main concern is being able to visit in the interim on the VWP and not run the risk of being turned away due to excessive use of the VWP? (I have visited the US 3 times over the past 12 months. 2 x 2 week vacations and one longer 88 day visit, which I'm currently nearing the end of).
Thanks again
I am in US on VWP currently and we are deciding whether we should marry now or later, and whether the K1 may involve more stress than just "doing the deed" and applying for the CR-1.
One main concern is being able to visit in the interim on the VWP and not run the risk of being turned away due to excessive use of the VWP? (I have visited the US 3 times over the past 12 months. 2 x 2 week vacations and one longer 88 day visit, which I'm currently nearing the end of).
Thanks again
Apr 24th 2009, 12:17 pm
#4
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Joined: Aug 2002
Location: Kentucky
Posts: 38,865
Re: CR-1 vs. K1 - A definitive answer?
All the information on the K-3 spouse visa is out-of-date. The K-3 is *not* a good visa at this time. The CR-1/IR-1 is a much better choice for 98% of the population.
Either you get together ASAP or you work ASAP - you can't have it both ways. Which is more important to you? If you must work ASAP, the CR-1 spouse visa is better. If you must be together quickly, the K-1 is better... and there's really nothing in between.
... and this adds a whole new dimension of complexity on what might otherwise be a rather simple decision for you.
So... in a nutshell:
1) There is *no* such thing as the perfect visa.
2) There is *no* "try it and see if it fits" visa.
3) Your own circumstances must dictate which visa is "best" for you.
4) While their wants/needs might be... quite simply, other people's experiences are *not* the same as yours.
5) No matter which route you choose, there *will* be a period of separation.
6) When visiting, you *must* be prepared to be turned away at the PoE. You can minimize those chances, but there is never a 0% chance of refusal.
Last thought... an emotionally mature couple will be able to make the hard decisions and live with the choice they made. An emotionally immature couple will be driven by their hormones and some glassy-eyed concept of "love" that dictates they must cling to each other endlessly.
Ian
OUR main aim is to begin living life together permanently in the US, with minimal time apart as realistically possible, with me being able to legally work.
I am in US on VWP currently...
So... in a nutshell:
1) There is *no* such thing as the perfect visa.
2) There is *no* "try it and see if it fits" visa.
3) Your own circumstances must dictate which visa is "best" for you.
4) While their wants/needs might be... quite simply, other people's experiences are *not* the same as yours.
5) No matter which route you choose, there *will* be a period of separation.
6) When visiting, you *must* be prepared to be turned away at the PoE. You can minimize those chances, but there is never a 0% chance of refusal.
Last thought... an emotionally mature couple will be able to make the hard decisions and live with the choice they made. An emotionally immature couple will be driven by their hormones and some glassy-eyed concept of "love" that dictates they must cling to each other endlessly.
Ian
Apr 24th 2009, 8:01 pm
#5
Joined: Apr 2002
Posts: 35,082
Re: CR-1 vs. K1 - A definitive answer?
OUR main aim is to begin living life together permanently in the US, with minimal time apart as realistically possible, with me being able to legally work.
I am in US on VWP currently and we are deciding whether we should marry now or later, and whether the K1 may involve more stress than just "doing the deed" and applying for the CR-1.
Apr 24th 2009, 8:26 pm
#6
Account Closed
Joined: Sep 2002
Posts: 16,266
Re: CR-1 vs. K1 - A definitive answer?
Also, it pays to remember that what was accurate last week may be woefully inaccurate next week.
Back in 1989 I did a labor certificate for a job which normally required two years experience. However, although he had three years of experience, alien could only PROVE 18 months. In an abundance of caution, I made the job require 18 months. While the labor certificate was pending, the 1990 Act was passed instituting the current preference system and the 18 months then bit us on the ass. I did not make a "mistake" although in retrospect, it hurt the client.
And people wonder why I don't like to give time estimates? I did what was "best" and it turned out to be "worst" due to a bloody change in the law!
