Wirksworth

Hi All

After dating my USC girlfriend for 18 months I plucked up courage and asked her to marry me and she said yes. I am now trying to work out the best route to be able to live with her downstream. My plan is to sell my UK house this year to avoid any USA tax issues and then aim to move to the USA next year once the Visa stuff is sorted and the house sold here. I don't have to work in the USA on arrival so was wondering if the K-1 route is easier or faster than the CR-1 route. I have read a lot of the forum and it seems we are in for a slow process so want to get the ball rolling. I am lucky that I don't have to fit things in around work but there is a chance I may get an E2 visa but this is not certain at this stage. I am not sure if I am better waiting to see if the E2 visa plans out then I can come over and marry and work on the marriage-based visa whilst in the USA on an E2 - Any thoughts as to how best to proceed thanks

Noorah101

K-1 can be started immediately so that would be your fastest path at the moment.

Rene

Wirksworth

Thanks, Rete, will work through the K-1- How long roughly is this likely to take in the current climate?

Rete

About the same timeframe as the CR-1; anywhere from 6 to 12 months. Timelines seem to be speeding up a bit for the CR-1 filed in the US. Not having to work at the start at the moment of entry to the US is one plus but the pluses for doing the CR-1 are many.

The one downside is that you need to come to the US to marry first before starting the CR-1.

There is a CR-1/K-1 comparison chart in the wiki and I believe linked at the opening page of this forum.

tom169

I would think probably 12 months.

Are you aware of the inability to work or leave the country for the first (likely) 5 months of your adjustment of status?

Wirksworth

Hi - no that is a big hurdle given that I have an aged mother and family in the UK. I guess I am back at a CR-1application.
thanks

Noorah101

You can expect either the K-1 or CR-1 process to take a year or so.

If you don't need to work the first 4 - 6 months in the USA, the K-1 would be fine. But if you'll need to travel outside the USA during that time, the K-1 won't work for you.

That means getting married first (anywhere in the world, but USA is probably easiest), then starting the CR-1 process.

Rene

Twinkle0927

Not true. You do not have to marry in the USA for a CR-1. They can marry wherever they choose - the USA, the Bahamas, a cruise ship, the U.K. or anywhere else in the world. The only requirement is that the marriage is legal in the place where it happened.

Twinkle0927

There are a few other things to consider, besides work and travel, when deciding which is the correct visa. Driving is another issue, depending on the state you intend to make your home. There was a thread on here not too long ago by a K-1 visa holder who could not get a driver's license here as the state in question (Tennessee) did not consider her to be a resident yet. Also, the CR-1, whilst slightly longer in processing pre-arrival, is cheaper overall and quicker to permanent residency and also citizenship - if citizenship is in your plans. That opens up things such as voting, jury service, etc. Also look into healthcare. It's possible you can't be on your fiancee's plan until you are legally married and without being in employment yoir only option then is to purchase interim cover separately.

And don't dismiss the working thing. It's great that you are not needing to work right away but anything can happen. It's just an extra security to know that you are able to work from day one, just in case you have to.