K-1 vs. CR-1

[Anna-and-Rob 0]

Hello,

I'd like to ask for some help in our situation. My fiance and I have been together for almost 3 years now. He visited me once and I visited him 2 times. I'm from Ukraine but I have B1/B2 5 year multi-visa. I've been to the US 4 times (business and visited my fiance). I'm going to be in the US soon to visit my fiance for at least 3 months (but doing business as well).

We're now searching for the best possible way to be together permanently. I wonder if it'd better to apply for K-1 and be with him during the period of wait (I can enter up to 6 months or travel several times using B1/B2 as I have business in the US as well) or would it be better to get married after a couple of months me in the US and apply for CR-1?

We're looking for the best possible way which would allow us to stay together permanently in the US and not being separated for a long time.

I appreciate all your thoughts and suggestions in advance!

Thank you!

[HappyRs 8]

Hello,

I'd like to ask for some help in our situation. My fiance and I have been together for almost 3 years now. He visited me once and I visited him 2 times. I'm from Ukraine but I have B1/B2 5 year multi-visa. I've been to the US 4 times (business and visited my fiance). I'm going to be in the US soon to visit my fiance for at least 3 months (but doing business as well).

We're now searching for the best possible way to be together permanently. I wonder if it'd better to apply for K-1 and be with him during the period of wait (I can enter up to 6 months or travel several times using B1/B2 as I have business in the US as well) or would it be better to get married after a couple of months me in the US and apply for CR-1?

We're looking for the best possible way which would allow us to stay together permanently in the US and not being separated for a long time.

I appreciate all your thoughts and suggestions in advance!

Thank you!

Hi,

You can find a helpful comparison of the types of visas at the VJ Guides sections. Now, if you decide over CR1, I think it is important to know that you guys should get married in Ukraine. When you enter the US and declare your visit purpose as business and/or tourism you will have to do just that. Getting married while on a B1/B2 visa is very tricky and can cause you lots of problems in the future. Good luck on your journey, whichever path you will take!

[canadian_wife 1,829]

http://www.visajourney.com/content/compare

Comparason guide

Good luck

[JimVaPhuong 4,863]

Hello,

I'd like to ask for some help in our situation. My fiance and I have been together for almost 3 years now. He visited me once and I visited him 2 times. I'm from Ukraine but I have B1/B2 5 year multi-visa. I've been to the US 4 times (business and visited my fiance). I'm going to be in the US soon to visit my fiance for at least 3 months (but doing business as well).

We're now searching for the best possible way to be together permanently. I wonder if it'd better to apply for K-1 and be with him during the period of wait (I can enter up to 6 months or travel several times using B1/B2 as I have business in the US as well) or would it be better to get married after a couple of months me in the US and apply for CR-1?

We're looking for the best possible way which would allow us to stay together permanently in the US and not being separated for a long time.

I appreciate all your thoughts and suggestions in advance!

Thank you!

There are three ways to go. Each has advantages and disadvantages.

Option 1: Skip the visa process, get married in the US and apply for a green card. The biggest advantage of this approach is that there is no waiting period. You enter the US with your tourist visa, and you stay until you get your green card. The biggest disadvantage is that intending to do this at the time you enter the US is illegal - it's called preconceived intent. The B1/B2 is a non-immigrant visa, and you can't intend to immigrate when you enter the US with it. If USCIS determines this was planned in advance, and they determine you lied about your intent at any point, then they'll deny your green card and ban you from the US for misrepresentation. The risk is relatively small, but the consequences are severe.

Option 2: K1 visa. Your US citizen fiance submits a petition to USCIS. Within a few months this should be approved and then forwarded to the US consulate in your home country. With a few more months you should have an interview. The advantages of this approach is that it's usually slightly faster than a CR1, and you'll get to stay with your new husband after you're married. There's also an advantage if you've got older children - they're eligible for a derivative K2 visa until they're 21. The disadvantages are that you've got only 90 days to get married after entering the US, so a big wedding is usually out of the question. It also costs a lot more - the green card application alone is over $1000. You're also stuck in the US while you're waiting for the green card. You can't work and you can't leave and return without special permission, both of which take a couple of months to get.

Option 3: CR1 visa. You get married (anywhere you want). Your husband sends an immigrant visa petition to USCIS. When the paperwork is finished several months later, it will be forwarded to the US consulate where you'll eventually have an interview. The advantages of this approach are that you don't have to wait for a green card in the US - you'll receive it automatically within a few weeks of arriving. It also costs less than a K1. You can also have a huge wedding, if you wish. The disadvantages are that you are separated from your husband while you wait for the interview - you may still be able to visit him in the US, or he visit you in the Ukraine, but you can't stay and live in the US until after you get the visa. There's also a disadvantage if you've got older children - they're only eligible for a derivative CR2 visa if you marry before they're 18.

Good luck, whatever you choose.

[EllaC 190]

Hello,

I'd like to ask for some help in our situation. My fiance and I have been together for almost 3 years now. He visited me once and I visited him 2 times. I'm from Ukraine but I have B1/B2 5 year multi-visa. I've been to the US 4 times (business and visited my fiance). I'm going to be in the US soon to visit my fiance for at least 3 months (but doing business as well).

We're now searching for the best possible way to be together permanently. I wonder if it'd better to apply for K-1 and be with him during the period of wait (I can enter up to 6 months or travel several times using B1/B2 as I have business in the US as well) or would it be better to get married after a couple of months me in the US and apply for CR-1?

We're looking for the best possible way which would allow us to stay together permanently in the US and not being separated for a long time.

I appreciate all your thoughts and suggestions in advance!

Thank you!

I'd choose K-1 if I were you, being the fastest option. CR-1 can take up to 10 months from initial filing to interview, while K-1 takes only 4-5 months until you have the visa in your passport. It's up to you. But you should definitely read the guides and see for yourself what type of visa best suits your needs.

Best wishes!

Edited September 7, 2010 by Sunshine13

[Gary and Alla 3,694]

Hi,

You can find a helpful comparison of the types of visas at the VJ Guides sections. Now, if you decide over CR1, I think it is important to know that you guys should get married in Ukraine. When you enter the US and declare your visit purpose as business and/or tourism you will have to do just that. Getting married while on a B1/B2 visa is very tricky and can cause you lots of problems in the future. Good luck on your journey, whichever path you will take!

This is wrong. She can get married while here on a B1 visa (or any other visa or VWP entry) with absolutely NO problems in the future UNLESS, she tries to stay and adjust status from that entry.

She can come here, get married, file for a CR-1 visa while here, return to Ukraine when her permission to stay has expired and do her interview there. The only time this is a problem is when someone enters with the intent to marry AND adjust status to AVOID the immigration process. She would not be avoiding anything and there is no restriction on a CR-1 as to where the marriage must occur. You do not need a visa to get married, here there or anywhere for that matter. There is also no requirement she be out of the country to file for a CR-1

The only thing to choose is how quickly she wants to be authorized to work. K-1s get you here faster but you are only half done. Cr-1s take longer to process but come with a green card. How important is working to you? If you can wait for a while, or have no intent to work, then go the K-1 route. There can be other considerations, but those are usually the main ones.

[HappyRs 8]

This is wrong. She can get married while here on a B1 visa (or any other visa or VWP entry) with absolutely NO problems in the future UNLESS, she tries to stay and adjust status from that entry.

She can come here, get married, file for a CR-1 visa while here, return to Ukraine when her permission to stay has expired and do her interview there. The only time this is a problem is when someone enters with the intent to marry AND adjust status to AVOID the immigration process. She would not be avoiding anything and there is no restriction on a CR-1 as to where the marriage must occur. You do not need a visa to get married, here there or anywhere for that matter. There is also no requirement she be out of the country to file for a CR-1

The only thing to choose is how quickly she wants to be authorized to work. K-1s get you here faster but you are only half done. Cr-1s take longer to process but come with a green card. How important is working to you? If you can wait for a while, or have no intent to work, then go the K-1 route. There can be other considerations, but those are usually the main ones.

Back in February, I contacted my embassy in the US about this issue and the consular officers there replied that I would be misrepresenting myself if I came in the US with a B1/B2 visa and got married (even if I intended to go back to Romania) simply because I would be lying at POE when asked what my purpose of visit is. If at POE I reply "I intend to get married to my fiance", the officers would send me back on the first plane.

Of course, the OP is free to make a decision and I didn't claim to hold the absolut truth... I only shared what I knew (wrong or right) even if I didn't write the entire story. Good luck and lots of happiness, regardless of the path the OP chooses to follow!

Edited September 7, 2010 by Aleksa & Nico

[Alan-and-Ira 1]

Hello, We would personally begin with K1 (and we actually did it three years ago!), and if something goes wrong with it there is always an option to get married and file for CR1. Yes, the shortest way would be marrying in the US and filing for AOS, but there is still a big chance to get denied... You can file for K1 and then kill the waiting time visiting your fiance. Yes, there is still a possibility you can get denied at the POE, but you can bring a lot of evidence of your close connections with your country... Good luck on your VisaJourney!

Edited September 7, 2010 by Alan-and-Ira

[roborob 0]

Does anyone know for sure if there is are no restrictions stating that she has to be out of the country when/while she is applying for the K1 visa?

If she can apply for either the K1 or CR1, AND still stay in the country (as long as her visa permits her to stay) and we can be together while we are applying/waiting, then it make sense to choose the K1 and for her to just fly back for the interview and get married after. Does that sound right? Less complication, quicker process.

Rob

[April + Chris 0]

Also, if you go CR1, you have to submit evidence such as bills in both names, joint checking account but with the K1 they don't require it because they don't expect you to have all that together, since you're not married yet...but that may not be a problem for you.

[Anna-and-Rob 0]

Thank you all for the valuable information I've got after only a day of my post! Rob and I appreciate all your advices.

We've decided on K-1 so far.

I don't want to be even suspected in entering the country with the purpose of marriage. Also, waiting time for AOS isn't a problem for us (as long as we're together). Moreover, it's not urgent for me to receive a work permission. Finally, there will be no inconvenience in not being able to leave the country while waiting for AOS. Our main concern was about being actually together during the process since we've been apart for such a long time!

Thank you ALL again, I really like this website,

Anna and Rob

[Gary and Alla 3,694]

Back in February, I contacted my embassy in the US about this issue and the consular officers there replied that I would be misrepresenting myself if I came in the US with a B1/B2 visa and got married (even if I intended to go back to Romania) simply because I would be lying at POE when asked what my purpose of visit is. If at POE I reply "I intend to get married to my fiance", the officers would send me back on the first plane.

Of course, the OP is free to make a decision and I didn't claim to hold the absolut truth... I only shared what I knew (wrong or right) even if I didn't write the entire story. Good luck and lots of happiness, regardless of the path the OP chooses to follow!

There is no requirement for a visa to get married. The consulate has nothing to do with entries into the US or the decision to allow someone in. A person presenting a visa and carrying evidence of intent to return, such as a return ticket, etc. would not be refused entry because they intended to get married. Why would they be? Hundreds of thousands of people come here to get married every year. Las Vegas, the Poconos and the Smoky Mountains make multi-billion dollar businesses of it. Thousands of foreign fiancees come and get married here and then file the correct papers.

The problem come in when a person enters the US on a visitor visa, gets married and attempts to adjust status and avoid the CR-1/K process. Basically the consulate gave you inaccurate information. Big surprise. It is rare with government employees.

[Gary and Alla 3,694]

Does anyone know for sure if there is are no restrictions stating that she has to be out of the country when/while she is applying for the K1 visa?

If she can apply for either the K1 or CR1, AND still stay in the country (as long as her visa permits her to stay) and we can be together while we are applying/waiting, then it make sense to choose the K1 and for her to just fly back for the interview and get married after. Does that sound right? Less complication, quicker process.

Rob

I know for sure. There are no restrictions on where she is when the papers are filed or where she is while they process. As long as she has some other sort of permission to be HERE, she can be here.

[Ryan H 3,834]

Thank you all for the valuable information I've got after only a day of my post! Rob and I appreciate all your advices.

We've decided on K-1 so far.

Anna and Rob, good luck on your journey. I'm sure you have seen many people say it here and I'll repeat it for emphasis, front load your I-129F. Better to have many things and not need them than to not have enough and get asked for something you don't have.

My fiancée and I started with the K1. However, as the packet was coming together and the time to send it off came close; I did more reading and asked more questions (and received great answers), I concluded that the K1 process was not the best way to proceed and have since switched to the CR-1.

IMO, I don't think K1 is easier than CR-1 or vice-versa in the general sense. It really comes down to what works better for each couple.