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A new story. K1 vs CR-1. What would you do if you could do it all over again?

A new story. K1 vs CR-1. What would you do if you could do it all over again?

Old Jan 4th 2012, 5:35 pm
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Default Re: A new story. K1 vs CR-1. What would you do if you could do it all over again?

I believe I've found the chart - "Comparison of Marriage based visas"? WOW! Everything I needed to know. It would be great to have a full break down of costs, though I'm aware these are always changing. As I see it now:

K1 visa : $1070 I-485
$340 I-129f
$350 visa
total $1760

CR-1 visa: $420 I-130
$88 I-864
$330 visa
total $838

I'm confident there are a few other charges I have omitted. But so far we are $922 better off via the CR-1 route...not including the costs of going out there to get hitched of course. Am I completely way off here? And thank GOD these costs are in $ and not £!!
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Old Jan 4th 2012, 5:42 pm
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Default Re: A new story. K1 vs CR-1. What would you do if you could do it all over again?

Originally Posted by LDN2CHS
I believe I've found the chart - "Comparison of Marriage based visas"? WOW! Everything I needed to know. It would be great to have a full break down of costs, though I'm aware these are always changing. As I see it now:

K1 visa : $1070 I-485
$340 I-129f
$350 visa
total $1760

CR-1 visa: $420 I-130
$88 I-864
$330 visa
total $838

I'm confident there are a few other charges I have omitted. But so far we are $922 better off via the CR-1 route...not including the costs of going out there to get hitched of course. Am I completely way off here? And thank GOD these costs are in $ and not £!!
There will be the fee for obtaining the police report and the fee for getting your medical done, but those will be the same whichever visa route you take.

I thought the cost different was closer between then two of them, but I could be wrong. I can't think of any other fees involved other than the ones you've posted.

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Old Jan 4th 2012, 5:46 pm
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Default Re: A new story. K1 vs CR-1. What would you do if you could do it all over again?

To clarify this a bit, which will repeat some of what others have already posted:
- The CR1 will take a couple of months longer than the K1, maybe 8-10 months.
- In both cases the timeframe is based on petition submission to visa issuance. Some people look at the end point and want to know which will get them into the USA the soonest. If that is of concern to you then you must increase the CR1 time by how long it will take from now to get married so that your partner can submit an I-130 petition. She can submit an I-129f petition now.
- Recognize that being authorized to work and being employed are two different things. The time it may take to find employment can make the difference in time to become employment authorized insignificant.

Regards, JEff


Originally Posted by LDN2CHS
We have yet to begin any formal process (K1 or CR-1) and therefor are open to your advice as to which path to take. I have read up on both scenarios, and see if as follows:

Both will take 6-8 moths to complete. With the CR-1 this means that (once we are married and have completed the I-130) I will be eligible to live and work in the US at the end of this 6-8 month process. However, with the K1, I will only be eligible to enter the US and marry within 90 days, but then have to wait a further 90 to work in the US.
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Old Jan 4th 2012, 5:53 pm
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Default Re: A new story. K1 vs CR-1. What would you do if you could do it all over again?

Originally Posted by jeffreyhy
To clarify this a bit, which will repeat some of what others have already posted:
- The CR1 will take a couple of months longer than the K1, maybe 8-10 months.
- In both cases the timeframe is based on petition submission to visa issuance. Some people look at the end point and want to know which will get them into the USA the soonest. If that is of concern to you then you must increase the CR1 time by how long it will take from now to get married so that your partner can submit an I-130 petition. She can submit an I-129f petition now.
- Recognize that being authorized to work and being employed are two different things. The time it may take to find employment can make the difference in time to become employment authorized insignificant.

Regards, JEff
Very good points Jeff,

I'm trying to approach this from the most responsible angle possible...which includes earning (and saving) in the UK for as long as possible vs just getting to the US as quick as I can, and also reducing the initial outlay on visas. You make a good point though regarding actually being employed. I have some bar experience though and am prepared to pour drinks until I get back on my career path My partner earns a good living as a high school teacher, but I doubt we could survive 90 days without a second income.

Jeff am I able to return to the UK during that 90 day wait to continue my job here in London? That way I could go out there once the K1 had been approved, get married, and then return to wait it out.

Many thanks.
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Old Jan 4th 2012, 5:58 pm
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Default Re: A new story. K1 vs CR-1. What would you do if you could do it all over again?

Originally Posted by LDN2CHS
Jeff am I able to return to the UK during that 90 day wait to continue my job here in London? That way I could go out there once the K1 had been approved, get married, and then return to wait it out.
No, you would not be able to safely leave the USA during that 90-day wait for the EAD. Part of the AOS application also includes form I-131 for Advance Parole (AP), which is a document allowing you to leave the USA while your AOS is being processed, without abandoning the AOS process. It can take up to 60 days or so to get the AP in hand. If you leave the USA before having AP in hand, you will abandon the AOS process and will be stuck outside the USA with no way of returning, and then you'll have to start all over with the Immigrant Visa process.

So in short, after you file AOS, you'll be landlocked in the USA until you receive AP in hand, which can take about 60 days.

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Old Jan 4th 2012, 6:43 pm
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Default Re: A new story. K1 vs CR-1. What would you do if you could do it all over again?

Originally Posted by LDN2CHS
Honestly the support on this forum is unbelievable. Can you guys advise me on my A2 restricted motorcycle license to an American equivalent jk!

It's the USA forum for that info
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Old Jan 4th 2012, 8:05 pm
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Default Re: A new story. K1 vs CR-1. What would you do if you could do it all over again?

To be a bit more clear, after he enters the USA as a K1 he must stay here until he has his advance parole in hand. There will be no going back between the time of that entry and when he applies for adjustment in addition to the period between the application for adjustment and the receipt of advance parole.

Regards, JEff


Originally Posted by Noorah101
So in short, after you file AOS, you'll be landlocked in the USA until you receive AP in hand, which can take about 60 days.

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Old Jan 4th 2012, 8:18 pm
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Default Re: A new story. K1 vs CR-1. What would you do if you could do it all over again?

Interesting. You must have a hearty appetite for gourmet food? How much could feeding you add to her grocery bill? You shouldn't add to her housing expenses, and your clothes shouldn't wear out in 90 days. The two of you may not do much going out or entertaining, though

As to your r2 restricted motorcyle license, I don't know what that is but my experience in several states is that getting a motorcycle license is the same as getting an automobile drivers license. You take a written test on rules of the road and a road test to demonstrate your driving skills and application of the rules. If you are getting both motorcycle and automobile licenses, the auto license will include a motorcycle endorsement (i.e. one license will cover both).

Regards, JEff


Originally Posted by LDN2CHS
My partner earns a good living as a high school teacher, but I doubt we could survive 90 days without a second income.
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Old Jan 4th 2012, 9:25 pm
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Default Re: A new story. K1 vs CR-1. What would you do if you could do it all over again?

The basic fees

CR1 route = $912 + £259.50

$420 (USCIS) I-130
$88 (NVC) Affidavit of Support fee
$404 (NVC) Immigrant Visa fee
£35 ACPO Police certificate
£210 (Knightsbridge Doctors) medical exam
£14.50 (DX Secure) Courier fee

K1 route = $1760 + £259.50

$340 (USCIS) I-129F
$350 (Embassy) Visa fee
£35 ACPO Police certificate
£210 (Knightsbridge Doctors) medical exam
£14.50 (DX Secure) Courier fee
$1070 (USCIS) Adjustment of Status/Work Authorization/Advance Parole

Our K1 decision was based on being able to start the process immediately because we weren't ready to marry quite so quickly. We wanted to give our families (grown kids especially) some time to let it sink in while we processed since it was a total surprise to them. Got the visa in 4.5 months, then 2 more months before he came. Marriage and AOS filing within days of entry. Getting a job wasn't a concern for us. I will say that AOS is another big packet to put together with forms, evidence, and bits and bobs to gather. Kind of an extra hassle.

Something to think about--many UK fiances complain loudly of boredom once they get here because the spouse is off to work and they are stuck at home with no job, no friends, no car, no driver's license, and no public transportation. Your situation may vary. Wasn't a problem for us because we could afford a second car, he drove on his UK license, and I didn't have to go to work and leave him home alone.

Last edited by Moxie; Jan 4th 2012 at 9:28 pm.
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Old Jan 4th 2012, 10:13 pm
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Default Re: A new story. K1 vs CR-1. What would you do if you could do it all over again?

Good point, and it doesn't apply only to UK immigrant spouses. But at least those from the UK are fluent in the English language and have only small vocabulary adjustments to make to adapt to American English.

Regards, JEff


Originally Posted by Moxie
Something to think about--many UK fiances complain loudly of boredom once they get here because the spouse is off to work and they are stuck at home with no job, no friends, no car, no driver's license, and no public transportation. Your situation may vary.
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Old Jan 4th 2012, 10:28 pm
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Default Re: A new story. K1 vs CR-1. What would you do if you could do it all over again?

Originally Posted by LDN2CHS
If all you pros had a clean sheet, what would you do?
Sheila and I took the K-1 visa route. She had a good job so my getting a job straight away wasn't an issue. Note that this was almost 14 years ago. The world was a much simpler place then, and there had been no market crash. Gas prices were stable and jobs were plentiful. I had a graduate degree, was familiar with the culture, and was able to fit right in with the local folk. Still, it took me 4 months to find a part-time job and a further 6 months before finding a full-time job.

If we had a "clean sheet" and were doing this over again today, we'd do a CR-1 visa. Why? Money! I had a great job before coming to the US, and that extra 8-10 months would have helped build up the reserves a bit better before shucking the whole thing in a move to a foreign country. Yah, the time apart would suck but it's only a few months... and in the grand scheme of things, is just a drop in the bucket compared to the whole rest of your life together.

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Old Jan 6th 2012, 1:33 pm
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Default Re: A new story. K1 vs CR-1. What would you do if you could do it all over again?

Thank you all for your replies, they do help a great deal in making a decision that will affect us for the next 10 months.

While I initially leaned towards the CR-1 route for the financial benefits, and the benefit of moving there Green Card in hand, my partner Ashley was very put off by the extra waiting time. The two months spent there could actually be quite enjoyable as she will be benefiting from her holidays as a teacher in July and August.

The AOS does sound like a real hassle though, and I also could really benefit from the added time in London with my current job.

I think we will end up going with the K1 route - because we can start right away and could potentially be sitting on the beach in Charleston together in 5 months.

I have three further questions on this basis:

1.When is the $340 fee for the I-129f charged?

2. Providing we marry very quickly and have our AOS forms ready to go - how long will it be realistically before I am able legally work?

3. When my AOS is approved/accepted, will I be a full US citizen with Green Card as I would at the conclusion of the CR-1 route.

Thanks all and TGIF

Luke
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Old Jan 6th 2012, 1:50 pm
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Default Re: A new story. K1 vs CR-1. What would you do if you could do it all over again?

Originally Posted by LDN2CHS
... my partner Ashley was very put off by the extra waiting time...
Delayed gratification is the hallmark of maturity. Perhaps she's not ready for marriage. Honestly, the timeline is not that much different... and the CR-1 visa is superior to the K-1 visa.


I think we will end up going with the K1 route - because we can start right away and could potentially be sitting on the beach in Charleston together in 5 months.
Well 8 months, more likely. It'll take 4-5 months just for the I-129F to be approved... then you need to apply for the K-1 visa... another 3 or so months for approval.


When is the $340 fee for the I-129f charged?
The fee is submitted with the petition. The I-129F will not be processed without the fee.


Providing we marry very quickly and have our AOS forms ready to go - how long will it be realistically before I am able legally work?
Realistically? About 3 months after you submit the AOS paperwork... maybe less time, maybe more.


When my AOS is approved/accepted, will I be a full US citizen with Green Card as I would at the conclusion of the CR-1 route.
You will not be a US citizen - and US citizens do not have green cards.

When your AOS is approved, you will become a US permanent resident (PR), and will get a GC. After 3 years as a PR (assuming you're still married to your USC spouse), you can apply to become a US citizen.

Note that at the end of the "CR-1 route" you wouldn't be a US citizen then either.

Ian

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Old Jan 6th 2012, 2:32 pm
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Default Re: A new story. K1 vs CR-1. What would you do if you could do it all over again?

We went down the K1 route. For us the decision was centered around whether we wanted to be apart as a married couple or engaged couple and opted for engaged hence the K1
I did visit him during the process and he visited me so to be honest the time apart (we didnt see each other in the end for over 6 months) wasnt an issue. I had so much to do "closing" down my life here

It was good to go to the US and have our wedding BUT the hard part for me and the thing which may (should we have our time again with the benefit of hindsight) make us go the married first route was the fact that my mother was ill and I couldnt come back to the UK until I had my AP - it was very stressful waiting for it ---the employment part wasnt so much of an issue but I think I kissed the EAD card when I received it!
Good luck with whichever route you decide to go
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Old Jan 6th 2012, 2:40 pm
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Default Re: A new story. K1 vs CR-1. What would you do if you could do it all over again?

Originally Posted by LDN2CHS
While I initially leaned towards the CR-1 route for the financial benefits, and the benefit of moving there Green Card in hand, my partner Ashley was very put off by the extra waiting time. The two months spent there could actually be quite enjoyable as she will be benefiting from her holidays as a teacher in July and August.
But you most likely will not arrive on the K-1 until After July/August, so her time off shouldn't really be a factor in your decision.

The AOS does sound like a real hassle though, and I also could really benefit from the added time in London with my current job.
I agree, thus making the Immigrant Visa a wiser choice.

I think we will end up going with the K1 route - because we can start right away and could potentially be sitting on the beach in Charleston together in 5 months.
Potentially, yes, but not likely. It can take up to 5 months just for the I-129F petition to get approved, and then you have a couple/few months of work on your end in the UK. An 8-month time frame is more realistic.

1.When is the $340 fee for the I-129f charged?
She will send a check for the fee amount along with the I-129F.

2. Providing we marry very quickly and have our AOS forms ready to go - how long will it be realistically before I am able legally work?
About 90 days after filing AOS.

3. When my AOS is approved/accepted, will I be a full US citizen with Green Card as I would at the conclusion of the CR-1 route.
US Citizens don't have Green Cards. When your AOS is approved, you'll become a US Permanent Resident with a Green Card. If you remain married to your USC spouse, you'll be eligible for US Citizenship 3 years after you become a PR.

There are pros and cons to each route (K-1 vs Immigrant Visa), so really it's all down to your personal preference.

Rene
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