start K1 or get married in UK and apply for CR-1?
Sep 5th 2011, 10:08 pm
#1
Forum Regular
Thread Starter
Joined: Oct 2010
Posts: 53
start K1 or get married in UK and apply for CR-1?
I am UKC and my fiance is USC.
We are aiming for me and my 3 kids to be in the US for Summer 2012 and are getting more and more confused with which option would be the most efficient.
K1 seems to be straightforward but averaging 6-8 months (I know, all timeframes are different per case
) This also has the benefit of the K2 visas for the children.
CR-1 seems to be 8-10 months, this would also require us to be married, seems to be less expensive.
My priority would be speed over expense. I've read so much I've boggled my own mind!
Our case should be pretty straightforward, no police, medical or financial issues.
Any straightforward advice would be most helpful!
We are aiming for me and my 3 kids to be in the US for Summer 2012 and are getting more and more confused with which option would be the most efficient.
K1 seems to be straightforward but averaging 6-8 months (I know, all timeframes are different per case
) This also has the benefit of the K2 visas for the children.CR-1 seems to be 8-10 months, this would also require us to be married, seems to be less expensive.
My priority would be speed over expense. I've read so much I've boggled my own mind!
Our case should be pretty straightforward, no police, medical or financial issues.
Any straightforward advice would be most helpful!
Sep 5th 2011, 11:35 pm
#2
MODERATOR
Joined: Apr 2003
Location: Phoenix, Arizona
Posts: 58,679
Re: start K1 or get married in UK and apply for CR-1?
[quote]CR-1 seems to be 8-10 months, this would also require us to be married, seems to be less expensive.
In fees, perhaps less expensive. But you have to also factor in the cost of another visit so you can get married. And no paperwork can be filed until after you marry.
[quoe]My priority would be speed over expense.
[quoe]My priority would be speed over expense.
Sorry I don't have any straightforward advice. You could go either way, the choice is really up to you.
Rene
Sep 5th 2011, 11:41 pm
#3
Yes, I know i'm awesome.
Joined: Jan 2011
Location: Twin Cities, Minnesota
Posts: 624
Re: start K1 or get married in UK and apply for CR-1?
I am UKC and my fiance is USC.
We are aiming for me and my 3 kids to be in the US for Summer 2012 and are getting more and more confused with which option would be the most efficient.
K1 seems to be straightforward but averaging 6-8 months (I know, all timeframes are different per case ) This also has the benefit of the K2 visas for the children.
CR-1 seems to be 8-10 months, this would also require us to be married, seems to be less expensive.
My priority would be speed over expense. I've read so much I've boggled my own mind!
Our case should be pretty straightforward, no police, medical or financial issues.
Any straightforward advice would be most helpful!
We are aiming for me and my 3 kids to be in the US for Summer 2012 and are getting more and more confused with which option would be the most efficient.
K1 seems to be straightforward but averaging 6-8 months (I know, all timeframes are different per case
) This also has the benefit of the K2 visas for the children.CR-1 seems to be 8-10 months, this would also require us to be married, seems to be less expensive.
My priority would be speed over expense. I've read so much I've boggled my own mind!
Our case should be pretty straightforward, no police, medical or financial issues.
Any straightforward advice would be most helpful!
We went the K1 route and are still regretting it
. I arrived in the US in April and I am still unable to work in September. If we could turn back the clock we would do the CR-1.
Sep 5th 2011, 11:48 pm
#4
Account Closed
Joined: Aug 2002
Location: Kentucky
Posts: 38,865
Re: start K1 or get married in UK and apply for CR-1?
My priority would be speed over expense.
Ian
Sep 6th 2011, 12:18 am
#5
BE Enthusiast
Joined: Sep 2010
Location: lincolnshire UK/ Wilson NC-USA
Posts: 519
Re: start K1 or get married in UK and apply for CR-1?
Well if you filed next month (oct) and went the CR1 route you could in theory be there by May/June 
We went the CR1 route and our total time from posting the I-130 To visa in hand was 7 months 21 days. We were told 8-10 months, so got just under that
I Have heard that some recent K1 cases were about 7 or 8 months too from filing to VISA, so very close to the CR1, and in my eyes the CR1 is far superior
Within one week of arriving in the USA I have my SS number, and have 3 interviews scheduled already.
We went the CR1 route and our total time from posting the I-130 To visa in hand was 7 months 21 days. We were told 8-10 months, so got just under that
I Have heard that some recent K1 cases were about 7 or 8 months too from filing to VISA, so very close to the CR1, and in my eyes the CR1 is far superior
Within one week of arriving in the USA I have my SS number, and have 3 interviews scheduled already.
Sep 6th 2011, 4:17 am
#6
BE Commentator
Joined: Feb 2010
Location: Los Angeles, California
Posts: 8,426
Re: start K1 or get married in UK and apply for CR-1?
Comment -- there is a quirk in the K-1 regime in that the kids immigrate off the alien parent, not the AmCit "step-parent."
So, lets say there is a kid 19 years of age. If parent marries an AmCit, no visa available. However, lets say that parent obtains a K-1 visa, then the 19 year old can obtain a K-2 as accompany or to follow to join the K-1 parent. And the kid can adjust if parent marries within 90 days.
This was the subject of a lot of litigation in the past few years with DHS finally deciding to actually follow the law.
So, lets say there is a kid 19 years of age. If parent marries an AmCit, no visa available. However, lets say that parent obtains a K-1 visa, then the 19 year old can obtain a K-2 as accompany or to follow to join the K-1 parent. And the kid can adjust if parent marries within 90 days.
This was the subject of a lot of litigation in the past few years with DHS finally deciding to actually follow the law.
Sep 6th 2011, 8:03 am
#7
Forum Regular
Thread Starter
Joined: Oct 2010
Posts: 53
Re: start K1 or get married in UK and apply for CR-1?
Well if you filed next month (oct) and went the CR1 route you could in theory be there by May/June
We went the CR1 route and our total time from posting the I-130 To visa in hand was 7 months 21 days. We were told 8-10 months, so got just under that
I Have heard that some recent K1 cases were about 7 or 8 months too from filing to VISA, so very close to the CR1, and in my eyes the CR1 is far superior
Within one week of arriving in the USA I have my SS number, and have 3 interviews scheduled already.
We went the CR1 route and our total time from posting the I-130 To visa in hand was 7 months 21 days. We were told 8-10 months, so got just under that
I Have heard that some recent K1 cases were about 7 or 8 months too from filing to VISA, so very close to the CR1, and in my eyes the CR1 is far superior
Within one week of arriving in the USA I have my SS number, and have 3 interviews scheduled already.
Sep 6th 2011, 8:05 am
#8
Forum Regular
Thread Starter
Joined: Oct 2010
Posts: 53
Re: start K1 or get married in UK and apply for CR-1?
Since you're aiming at just under a year from now, and since both the K-1 visa and CR-1 visa take about the same amount of time, I wouldn't necessarily put speed ahead of anything. All else being equal, the CR-1 visa is far superior to the K-1 visa... with the added advantage of being far less expensive all around, and you and the children will all immediately become US permanent residents (= green cards) the day you enter the US.
Ian
Ian
Thank you for your advice!
Sep 6th 2011, 8:06 am
#9
Forum Regular
Thread Starter
Joined: Oct 2010
Posts: 53
Re: start K1 or get married in UK and apply for CR-1?
That is very helpful, I hope it speeds up for you!
Sep 6th 2011, 8:07 am
#10
Forum Regular
Thread Starter
Joined: Oct 2010
Posts: 53
Re: start K1 or get married in UK and apply for CR-1?
Comment -- there is a quirk in the K-1 regime in that the kids immigrate off the alien parent, not the AmCit "step-parent."
So, lets say there is a kid 19 years of age. If parent marries an AmCit, no visa available. However, lets say that parent obtains a K-1 visa, then the 19 year old can obtain a K-2 as accompany or to follow to join the K-1 parent. And the kid can adjust if parent marries within 90 days.
This was the subject of a lot of litigation in the past few years with DHS finally deciding to actually follow the law.
So, lets say there is a kid 19 years of age. If parent marries an AmCit, no visa available. However, lets say that parent obtains a K-1 visa, then the 19 year old can obtain a K-2 as accompany or to follow to join the K-1 parent. And the kid can adjust if parent marries within 90 days.
This was the subject of a lot of litigation in the past few years with DHS finally deciding to actually follow the law.
Thanks for your advice!
Sep 6th 2011, 8:08 am
#11
Forum Regular
Thread Starter
Joined: Oct 2010
Posts: 53
Re: start K1 or get married in UK and apply for CR-1?
[QUOTE=Noorah101;9602385]Just curious why K2 is a benefit for the children, as opposed to them entering the USA as PRs? Besides the cost factor of filing three I-130's, that is. Don't forget there will be three AOS applications if they enter as K2's. AOS is more expensive than filing an I-130, I believe.
It's all helpful advice! I'm still learning so much.
CR-1 seems to be 8-10 months, this would also require us to be married, seems to be less expensive.
If speed is your priority, then the K1/K2 is slightly shorter than an Immigrant Visa. But for the sake of only a couple of months, you might still want to weigh the options again.
Sorry I don't have any straightforward advice. You could go either way, the choice is really up to you.
Rene
If speed is your priority, then the K1/K2 is slightly shorter than an Immigrant Visa. But for the sake of only a couple of months, you might still want to weigh the options again.
Sorry I don't have any straightforward advice. You could go either way, the choice is really up to you.
Rene
Sep 6th 2011, 10:54 am
#12
Forum Regular
Thread Starter
Joined: Oct 2010
Posts: 53
Re: start K1 or get married in UK and apply for CR-1?
I am UKC and my fiance is USC.
We are aiming for me and my 3 kids to be in the US for Summer 2012 and are getting more and more confused with which option would be the most efficient.
K1 seems to be straightforward but averaging 6-8 months (I know, all timeframes are different per case ) This also has the benefit of the K2 visas for the children.
CR-1 seems to be 8-10 months, this would also require us to be married, seems to be less expensive.
My priority would be speed over expense. I've read so much I've boggled my own mind!
Our case should be pretty straightforward, no police, medical or financial issues.
Any straightforward advice would be most helpful!
We are aiming for me and my 3 kids to be in the US for Summer 2012 and are getting more and more confused with which option would be the most efficient.
K1 seems to be straightforward but averaging 6-8 months (I know, all timeframes are different per case
) This also has the benefit of the K2 visas for the children.CR-1 seems to be 8-10 months, this would also require us to be married, seems to be less expensive.
My priority would be speed over expense. I've read so much I've boggled my own mind!
Our case should be pretty straightforward, no police, medical or financial issues.
Any straightforward advice would be most helpful!
http://london.usembassy.gov/dhs/uscis/i130filing.html
See righthand box - processing times are now 10 months.
Sep 6th 2011, 12:27 pm
#13
Account Closed
Joined: Aug 2002
Location: Kentucky
Posts: 38,865
Re: start K1 or get married in UK and apply for CR-1?
See righthand box - processing times are now 10 months.
Ian
Sep 6th 2011, 6:41 pm
#14
BE Enthusiast
Joined: Sep 2010
Location: lincolnshire UK/ Wilson NC-USA
Posts: 519