GarethB789

Hi everyone

This is such a helpful forum. Keep up the good work guys.

I'm looking for some advice on the following;

Me and my girlfriend have been doing long distance for 7 years now. We have recently been seriously talking about taking the next step so that we could be together. We are meeting in New york next month and I plan to propose to her then. This is something we have talked about but I do not want to do it over the phone! haha

Now, she is keen on getting married first and applying for CR-1 spouse Visa but realistically she will not be able to visit me here in the UK until next April, and I'm equally tied up over here so getting out there after the new york trip isnt likely. I've suggest applying for the K1 visa instead but she is reluctant to go down this path as she believes it is more hassle.

I wanted to find out what differences there are in terms of benefits for and against when opting for either the CR-1 or K-1.

With the K-1 we could file next month - but with the CR we are looking at at least a year more.

After seven years of this I just want to be over there with her but if it's that much easier with the CR-1 I can wait. Is the CR-1 really that much easier?

Any advice would be very much appreciated.

Many thanks

GarethB789

I'm sorry. I've just realised that I forgot to go to Marriage based Visa's before submitting. Please move where necessary.

Thanks

TimNiceBut

I don't think the K1 one is more hassle "up front", but the CR-1 has a couple of advantages:

• First, you can start working or at least looking for a job immediately. That's a big bonus rather than hanging around the house for a few months until your EAD shows up.
• If things are a little tight financially, your savings can be taken into account on a CR1, but not on a K1.
• You don't have to wait for advance parole during you AOS to be able to travel if something comes up if you're on a CR1.

We ended up doing CR1 (actually I was eligible for an IR1) and it worked out pretty well.

Bluegrass Lass

With the current situation, the biggest downside I see to the CR1 is that you can't start it until you're married - and from there it would be another 8-10months before you could move over (unless processing speeds significantly improve). So if you can't get married until well into next year, you're looking at a long time before you will be living together over here.

Mosttimes the "which is better" question is answered by asking each other what is most important to you. Do you want to have a largish, well planned wedding, or would you be satisfied with the maybe smaller wedding, or even just a civil ceremony that meets the K1 requirement? Do you want to be separated after marriage, or would you rather be separated after your engagement and not after marrying? Do you need more time to save money to meet immigration requirements? These are things to take into consideration.

GarethB789

Thanks for your quick replies.

By "You don't have to wait for advance parole during you AOS to be able to travel if something comes up if you're on a CR12", do you mean that I cannot travel to the US during the process on a K1 but I can on a CR1?

Bluegrass Lass, you are right. We are both ready for this, its just that my girlfriend is worried that the K1 visa is more hassle, takes longer and I wont have as many privileges when I arrive. I think the main worry is getting work upon arrival. We would be happy to get married in the US days after entering but how long after this marriage would I receive a permit to work? Is there another interview process in the US after the marriage?

Also, when you say you may need time to save up to meet immigration requirements, do you mean you need to have savings on a K1 visa? My girlfriend would be my sponsor and she earns $70,000+.

I really dont think I could stand another year from being apart from her.

Thanks very much in advance

JRG67

If I were you I would do the CR1 so that you can start work as soon as you enter the States.
You can travel to the States during the process of both the CR1 and the K1. (I am the type that would like to get the marriage bit over and done with, rather than have a long engagement)
I think if your girlfriend is your sponsor, if her tax returns are satisfactory, her savings don't matter so much.

Good luck, which ever route you choose. I've started the K1 process (as I am unable to enter the US and wed my bf any other way).

TimNiceBut

With the sort of income that your girlfriend has, I don't think there is any need for savings.

Regarding the travel, IIRC once you enter the US, marry and file for AOS, you have to get "advance parole" if you need to leave the country while the AOS is still processing, otherwise you''ll end up losing your status and can start all over. That's not a problem you'll encounter with a CR1.

jeffreyhy

One can start looking for a job immediately as a K1, just can't start working a job without employment authorization. Many (most?) people find that it can take a few months, or more, to find work these days. Often, but not necessarily, true. With enough savings a K1 does not need a sponsor for their visa. After marriage the K1's financial resources can be used by the spouse sponsor for the adjustment of status. I wonder what you're trying to say here - one is either in the CR1 category or the IR1 catogory depending on the age of their marriage. They cannot be in one category but "eligible" for the other - they are in whichever one applies to them.

scrubbedexpat099

Quickie marriage next month to get the process going?

BubbleChog

+1 to this.

Propose in NY, get down the courthouse and submit your petition for a CR1. If you want look on it as the first peice of paperwork in your immigration journey rather than "THE WEDDING" you can do dresses and cakes and friends and drinks once you've moved over

I came over on a K1 and if I had a do-over I would have done this. The additional hassle in the K1 and the extra cost aren't really worth it imo, esp if you've been together 7 years.

Lx

katiekat

I agree with Boiler as well for a couple of reasons.

My husband and I went the K1 route and it's hurt him considerably in the search for a job because employers look at how long he's been out of University and unable to find work, NOT at how long he's been legally ALLOWED to work. The difference is nearly six months!

By going the CR-1 route and getting married right after you propose you'll be able to come into the US and get a job right away without having to wait for your green card because you'll already have it.

Secondly, just from the wedding stand point, if you go the K1 route you will be stuck in a wedding limbo which, as a bride, is hell. As Bubblechog pointed out, you can get married right quick at the courthouse and then have an actual big fancy ceremony with all your friends and family that is well planned out and exactly what she always dreamed of when you get back.

It's easier all around and I believe cheaper to do a CR-1... I seriously suggest you propose and then get married as soon as possible afterwards, then you head back and she files the paperwork for it.

Noorah101

First, review BE's Wiki Guide which describes the two routes you are asking about: http://britishexpats.com/wiki/Compar...ge-based_visas

Propose, and immediately get married if she says yes? Or just propose, and then get married some time in the future? What is the plan if she says yes?

I agree. For various reasons, the Immigrant Visa is superior to the K-1. So after your proposal in November, go ahead and get married on that same visit, and submit the I-130 to start the ball rolling on your Immigrant Visa.

That's fine. You'll just be spending time apart as you are doing now, but as a married couple instead of an engaged couple.

The K-1 visa itself is not more of a hassle, but it's a longer path to Permanent Residency, because you will have more paperwork to do and more fees to pay after you arrive in the USA. You can avoid that by going directly for an Immigrant Visa.

See the Wiki Guide I posted.

If you have met in person within the past 2 years, the I-129F could actually be filed THIS month. Why wait till next month?

Why? You can get married next month on your visit to the USA, and file the I-130 that same month. Why wait a whole year?

Not really, no. But it does give you some benefits over the K-1 which have been mentioned (ability to work in the USA right away, you become a US PR right away, no more paperwork or fees to become a PR as with the K-1 visa).

If you marry in November 2012, you'd be looking to immigrate around summer of 2013.

Rene

GarethB789

Wow, what great advice. You guys are right. The CR-1 is our best bet.

I don't think I'll be all able to get married in Nov for various reasons, mainly family, not to mention engagement ring shopping. I'll try and get out to the US in the new year and get the ball rolling then.

Thanks for your help guys!

TimNiceBut

Don't overthink it - get a good quality ring from a pawnshop, get married, don't tell anybody .

olliewat

I agree with TimNiceBut - nobody has to know you're married. Just the two of you.