CR1 Visa vs K1 Visa

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Old Mar 21st 2019, 3:31 pm
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Default CR1 Visa vs K1 Visa

My beautiful fiancé and my self got engaged in February and are weighing up our options regarding visas for me to move to the USA.

Yesterday she went to an immergration lawyer to ask some questions in regards to which visa to go for.

The lawyer said that the K1 visa is the best option to go for instead of the CR1 visa.

Are original plan was for me to fly to the US to get married and for me to fly home and then send in the application for the CR1 Visa. The lawyer said that there would be issues with me entering the USA to get married and there is a risk of me being sent back home by immergration.

Is this a common issue with travelers entering the USA to get married and being denied entry?

I know that there are pros and cons to both visas and financially the CR-1 Visa is the better option.

Please can anyone shed light on this?

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Old Mar 21st 2019, 3:53 pm
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Default Re: CR1 Visa vs K1 Visa

There is always a chance of issues at the port of entry, but I dare say it's the extreme minority.
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Old Mar 21st 2019, 4:07 pm
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Default Re: CR1 Visa vs K1 Visa

Agree with Tom. If being able to work ASAP is a consideration, and as long as you don't mind being separated after marriage in order to accomplish that, then the CR1 is the way to go.

The chances of you getting turned away are there, but they are very very small if you handle POE correctly. Tell the truth, but don't volunteer too much.

Lawyer is just playing it safe - which lawyers are prone to do.
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Old Mar 21st 2019, 5:46 pm
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Default Re: CR1 Visa vs K1 Visa

Many, many UKCs have done exactly as you describe with no issues.

I agree that CR-1 is the more sensible way forward.

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Old Mar 21st 2019, 6:04 pm
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Default Re: CR1 Visa vs K1 Visa

My husband flew in to the US for our wedding and had no problems at all entering the country! He then flew back to the UK and we began the CR-1 journey.
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Old Mar 21st 2019, 9:43 pm
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Default Re: CR1 Visa vs K1 Visa

Originally Posted by civilservant
Agree with Tom. If being able to work ASAP is a consideration, and as long as you don't mind being separated after marriage in order to accomplish that, then the CR1 is the way to go.

The chances of you getting turned away are there, but they are very very small if you handle POE correctly. Tell the truth, but don't volunteer too much.

Lawyer is just playing it safe - which lawyers are prone to do.

Thank you, I usually get asked the question business or vacation, but last trip they asked a few more questions. Like who I was visiting etc. At the time I just said I was just visiting my friend. (Before we got engaged)
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Old Mar 21st 2019, 9:44 pm
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Default Re: CR1 Visa vs K1 Visa

Originally Posted by kbales
My husband flew in to the US for our wedding and had no problems at all entering the country! He then flew back to the UK and we began the CR-1 journey.
thank you for the reply, did he have any questions at the interview stage regarding where you got married?
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Old Mar 21st 2019, 10:33 pm
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Default Re: CR1 Visa vs K1 Visa

Originally Posted by SAEdwards


thank you for the reply, did he have any questions at the interview stage regarding where you got married?
Your paperwork will indicate where you got married. It is not an issue when handled correctly—e.g. you return to your home country to get on with your life while the spouse visa process plays out.
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Old Mar 21st 2019, 11:45 pm
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Default Re: CR1 Visa vs K1 Visa

Originally Posted by SAEdwards


thank you for the reply, did he have any questions at the interview stage regarding where you got married?
You are definitely a newbie to US immigration and going the usual route .... overthinking and looking for problems.

They only are concerned that the marriage is legal.

Of course, the attorney is telling you to go the K-1 route. It is more money in his pocket. After you enter on a K-1, you need to marry and then file for adjustment of status which, if you aren't form an detail oriented, means hiring an attorney to complete the paperwork and you have to comb over it for correctness and find even the most minor of errors before signing and sending it to the USCIS. The attorney is going to walk away with between $2,000-$5,000 in their pocket to do your K-1 visa and then your CR-1 paperwork.

If asked at the POE what your plans are, etc., you are here to get married and show them proof that you are returning back home and are filing for the CR-1 visa to be obtained abroad.

The timeline for the CR-1 and the K-1, at the present moment, is about the same from start to finish .... 10 - 16 months. Makes sense to enter the US with a full visa which gets you Permanent Residency the moment your passport is stamped, your green card mailed to you and you can live safe and work immediately upon arrival.

From our wiki:

https://britishexpats.com/wiki/Compa...ge-based_visas_
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Old Mar 22nd 2019, 5:05 am
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Default Re: CR1 Visa vs K1 Visa

99% of Lawyers give the rest a bad name. can not believe a Lawyer said this.

Apart from some unusual circumstances recommending a K1 ia crazy.
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Old Mar 22nd 2019, 11:26 am
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Default Re: CR1 Visa vs K1 Visa

As others have said there is nothing wrong about coming to get married then returning to apply for the CR-1. At the POE only answer exactly the questions asked, and answer them honestly. Have with you evidence of your intention to return like your return air ticket, evidence of your employment, a home rental agreement etc.
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Old Mar 26th 2019, 11:12 pm
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Default Re: CR1 Visa vs K1 Visa

Originally Posted by civilservant
Agree with Tom. If being able to work ASAP is a consideration, and as long as you don't mind being separated after marriage in order to accomplish that, then the CR1 is the way to go.

The chances of you getting turned away are there, but they are very very small if you handle POE correctly. Tell the truth, but don't volunteer too much.

Lawyer is just playing it safe - which lawyers are prone to do.
That would be pretty much what I would advise too - except that I would be more specific …. Tell the truth, only answer specific questions with specific answers, don't volunteer anything.

I myself entered on the VWP, got married to a USC resident in the US, then left the US and applied for a CR-1. And when discussing this on BE, based on my experience, I always recommend entering the US through a major port of entry, such as JFK, IAD, EWR, LAX, ORD etc. as the only time I ever got grilled on entering (before I got married) was at Podunk International. Entering through the larger ones never gave me a problem, and I think I came through all the ones I listed above at least once, except for LAX.
Originally Posted by MidAtlantic
….. Have with you evidence of your intention to return like your return air ticket, evidence of your employment, a home rental agreement etc.
And this!
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