Mistaken about the CR1, but still confused

[Frequent_Flyer 0]

My wife and I faced a very similar situation where a lawyer advised us to follow the same procedure you described and even recommended steps to "make it look good" like purchasing a round trip ticket even though I wouldn't be returning to Canada. My wife and I, after reading a lot of the guides here on VJ, thought that this was too risky and decided not to pursue. Needless to say, we did not speak with that lawyer ever again.

In the end, we decided on the CR-1 route since we too were unsure about the length of time without me working. This way I am immediately able to seek employment upon entry. Also, as I understand it, the CR-1 costs less in comparison to the K-1 as well.

I won't sugar coat it though. The time apart has been difficult and increasingly so as we wait for our interview date in Montreal. But I was able to visit her twice so as other posts have mentioned that it's not impossible.

Best of luck on your journey!!

[VanessaTony 3,567]

I personally advise the CR-1 route because of the job issue. I personally refuse to look for work right now (I'm in limbo still) because it's a little depressing to find the perfect job and yet not be able to apply because you don't have the paperwork that allows you too. Plus its not just "3 months". If he comes over on the K1, you guys have to get married, wait for the marriage licence, send of the AOS paperwork and wait till you get the EAD or GC. It CAN take longer than 3 months.

Here's a good link for you: http://www.visajourney.com/forums/index.ph...mp;page=compare which compares the different visas and their cost, wait times etc.

If you look at this, the CR-1 is cheaper, but for me (though I didn't do it I would have had I know what I know now) I like the idea of being able to work right up until I leave my home country and then being able to start work as soon as I arrive in the US. A lot of people think being separate as a fiancee rather than a wife is easier but I think either way you look at it it's difficult being apart, and at least if you get married and then go home, you can sort out all your stuff before you leave (it's different for you, but as the female coming to US, it would have been easier changing all my Aussie stuff to my married name while I was waiting). He can also go home and start sending things that he wants to have with him in the US which I personally think would be a lot happier as a married person than an engaged person.

I honestly think in your situation, that it would be best for him to visit for business, get married (yay you guys) and then he leaves at the end of his VWP time, but during the time he's with you you send off the CR-1 paperwork. If you get married as soon as he arrives (there's nothing wrong with that, but check your state requirements for waiting period, some require SSN etc) and send off the paperwork as well so that for the first 3 months you guys are together, that will lessen the pain of waiting.

As others have said, after filing the paperwork you CAN visit but the risks of being denied I think are higher because they see you're married. I think it's best for the petitioner to visit the beneficiary because you can just show the visa paperwork which is proof that you're planning to go back to the US 'cause of course you wouldn't have paid for it otherwise.

I wish you luck. I also honestly believe that unless you have a difficult case (like legal difficulties, children involved) that you don't NEED a lawyer. However a lot of people feel safer, but also a lot of people feel they wasted money and that their lawyer actually SLOWED the process. That's not the case for ALL people but it's something to think about. Congratualtions either way on your up-coming nuptials!

Edited January 8, 2010 by Vanessa&Tony

[christeen 966]

The whole discussion about the CR1 seems a bit premature since he has not even proposed yet!!!

[VanessaTony 3,567]

The whole discussion about the CR1 seems a bit premature since he has not even proposed yet!!!

No it's not. It's stupid to not think about ALL your options before doing anything. that's how you get into trouble. She's done the right thing by speaking to a lawyer before they decide which route to go.

Also, how are you to know whether she's been proposed to yet? The reference to "boyfriend" could be a mistype seeing it's all fresh. It could also be that before telling their friends and family they're waiting to assess their options so they can tell their friends and family they've talked about it. I know personally that I was asking "how's it going to work" by people when I told them my boyfriend was from overseas.

The simple answer is we DON'T know her entire situation and are in fact advising based on information that we have, as to which visa is the best option. That MEANS discussing the CR-1 (i.e. waiting till AFTER they're married) or the K1 (i.e. BEFORE they're married). Everyone on here is "jumping the gun" to some degree, planning their lives overseas before they've moved etc but PLANNING because it's the smart way to do it so your judgement of our advice or the OP's situation is unwarranted.

Edited January 9, 2010 by Vanessa&Tony

[christeen 966]

No it's not. It's stupid to not think about ALL your options before doing anything. that's how you get into trouble. She's done the right thing by speaking to a lawyer before they decide which route to go.

Also, how are you to know whether she's been proposed to yet? The reference to "boyfriend" could be a mistype seeing it's all fresh. It could also be that before telling their friends and family they're waiting to assess their options so they can tell their friends and family they've talked about it. I know personally that I was asking "how's it going to work" by people when I told them my boyfriend was from overseas.

The simple answer is we DON'T know her entire situation and are in fact advising based on information that we have, as to which visa is the best option. That MEANS discussing the CR-1 (i.e. waiting till AFTER they're married) or the K1 (i.e. BEFORE they're married). Everyone on here is "jumping the gun" to some degree, planning their lives overseas before they've moved etc but PLANNING because it's the smart way to do it so your judgement of our advice or the OP's situation is unwarranted.

I know she was not even proposed to because she wrote it on page 2 in her post!!! see below:

hxxr, how long before filing for the K1 did you get engaged? Did you get married in the U.S.? How was he able to come for 89 days if 90 is the cap? I want to understand what the process would be like for us on the K1. My boyfriend has actually not proposed yet!

and I am all for planning ahead, except that you have to have BOTH parties privy to the planning process. And she seems to have gotten potentially harmful and at the least confusing information from a lawyer which is what brought her here in the first place....

But everybody spinning their wheels for a one sided engagement seems a bit premature to say the least. Here is some advice, perhaps the next logical step before going to an immigrantion lawyer is to discuss what the boyfriend wants to do and if it is his intention to marry/engage and start the process. Since he seems to have a good job he might have a definite opinion of this...

Edited January 9, 2010 by christeen

[VanessaTony 3,567]

I know she was not even proposed to because she wrote it on page 2 in her post!!! see below:

hxxr, how long before filing for the K1 did you get engaged? Did you get married in the U.S.? How was he able to come for 89 days if 90 is the cap? I want to understand what the process would be like for us on the K1. My boyfriend has actually not proposed yet!

and I am all for planning ahead, except that you have to have BOTH parties privy to the planning process. And she seems to have gotten potentially harmful and at the least confusing information from a lawyer which is what brought her here in the first place....

But everybody spinning their wheels for a one sided engagement seems a bit premature to say the least. Here is some advice, perhaps the next logical step before going to an immigrantion lawyer is to discuss what the boyfriend wants to do and if it is his intention to marry/engage and start the process. Since he seems to have a good job he might have a definite opinion of this...

I stand correcting in the "engaged" regard however if you read the OP, specifically this part:

"I met with a lawyer this morning and found out my boyfriend and I mistakenly thought we would have to remain apart for six or seven months after getting married and filing the CR1."

Which clearly indicates the OP HAS spoken with her bf, and they HAVE been discussing their options so your "advice" and comment that this is a "one sided engagement" is unwarranted and actually kinda rude.

Edited January 9, 2010 by Vanessa&Tony

[VanessaTony 3,567]

To the OP, the K1 process is thus:

1. Get engaged

2. File K1 petition. This can be done the day of or the day after you get engaged or 3 months later or whenever you can

The petition is just asking he US government for PERMISSION to apply for a fiancee visa. They will run FBI checks and other things to make sure all is well

3. After a certain amount of time (for me it was 3 months, others is quicker or slower) you receive NOA2, which tells you that your petition has been APPROVED and you can continue with applying for the visa. The rest is carried out in the beneficiaries home country.

4. The beneficiary will receive Packet 3 (P3) which will ask them to do a medical, police checks, and forward other information about themselves to the government

5. After they have P3 then the beneficiary will receive P4 which usually has your interview date and time and anything else you need to bring to the interview

6. At the interview they will answer qns, have biometrics take (photo and prints) and then find out if you've been approved/denied or they need more info

After K1 is approved (hopefully) you have 6 months from the date on the visa to get your butt to the US

Then 90 days from entry to get married

Then you apply for AOS, EAD and AP. That can take around 3 months, sometimes more. During that time, the non-USC can NOT work until they received the EAD, or the GC

Here's the VJ K1 Guide: http://www.visajourney.com/forums/index.ph...mp;page=k1guide

Here's the VJ K1 flowchart: http://www.visajourney.com/forums/index.ph...amp;page=k1flow

If you click on "guides" at the top of the page, you can also go through the processes for the other Visas to make an informed decision. And just in case I didn't do it before, here's the comparison page: http://www.visajourney.com/forums/index.ph...mp;page=compare

Edited January 9, 2010 by Vanessa&Tony

[TheGirlWonder 0]

We filed our K1 today! Just wanted to thank everyone who gave notes on the process :-) Onward!

To the OP, the K1 process is thus:

1. Get engaged

2. File K1 petition. This can be done the day of or the day after you get engaged or 3 months later or whenever you can

The petition is just asking he US government for PERMISSION to apply for a fiancee visa. They will run FBI checks and other things to make sure all is well

3. After a certain amount of time (for me it was 3 months, others is quicker or slower) you receive NOA2, which tells you that your petition has been APPROVED and you can continue with applying for the visa. The rest is carried out in the beneficiaries home country.

4. The beneficiary will receive Packet 3 (P3) which will ask them to do a medical, police checks, and forward other information about themselves to the government

5. After they have P3 then the beneficiary will receive P4 which usually has your interview date and time and anything else you need to bring to the interview

6. At the interview they will answer qns, have biometrics take (photo and prints) and then find out if you've been approved/denied or they need more info

After K1 is approved (hopefully) you have 6 months from the date on the visa to get your butt to the US

Then 90 days from entry to get married

Then you apply for AOS, EAD and AP. That can take around 3 months, sometimes more. During that time, the non-USC can NOT work until they received the EAD, or the GC

Here's the VJ K1 Guide: http://www.visajourney.com/forums/index.ph...mp;page=k1guide

Here's the VJ K1 flowchart: http://www.visajourney.com/forums/index.ph...amp;page=k1flow

If you click on "guides" at the top of the page, you can also go through the processes for the other Visas to make an informed decision. And just in case I didn't do it before, here's the comparison page: http://www.visajourney.com/forums/index.ph...mp;page=compare