Easy Questions for those who have Answers!

[HugaBug 0]

Hello to everyone! I'm a long time lurker first time poster Ive finally decided it's time to ask a couple questions...and yes I have read the guides (more than once)

First, my fiance lives in Netherlands and I live in Washington state. We have been talking about K1 visa process for some time and have plans to start it very soon but I always like to rule out other options. I thought I seen on this site that it is possible to marry on a visit and he could return and we start the CR-1 instead...is that legal if he is visiting on a visa waiver program? (yes, I have searched it but came up empty and yes I have read the guides )

If that is legal, there are benefits to doing that?

Also, if a person has been divorced twice must you include proof of both or just the latest one?

Thanks for the help!

[Barbara J 115]

Hello to everyone! I'm a long time lurker first time poster Ive finally decided it's time to ask a couple questions...and yes I have read the guides (more than once)

First, my fiance lives in Netherlands and I live in Washington state. We have been talking about K1 visa process for some time and have plans to start it very soon but I always like to rule out other options. I thought I seen on this site that it is possible to marry on a visit and he could return and we start the CR-1 instead...is that legal if he is visiting on a visa waiver program? (yes, I have searched it but came up empty and yes I have read the guides )

If that is legal, there are benefits to doing that?

Also, if a person has been divorced twice must you include proof of both or just the latest one?

Thanks for the help!

You can come on a visa waiver visa yes and if you married while he was here he would then return to Netherlands and you start the CR1 process which is a little less costly than K1 and he would obtain a GC on arrival as your spouse.

All divorce decrees have to be shown if you are doing K1

[YuAndDan 153]

You can come on a visa waiver visa yes and if you married while he was here he would then return to Netherlands and you start the CR1 process which is a little less costly than K1 and he would obtain a GC on arrival as your spouse.

All divorce decrees have to be shown if you are doing K1

Little less costly, Try $850 less than K-1.

CR-1:

I-130: $420

NVC I-864: $88

NVC DS-230: $404 ($330 + $74)

Total: $912

K-1:

I-129F: $340

Consulate: $350

ADJUSTMENT OF STATUS: $1070 (I-485)

Total: $1760

[YuAndDan 153]

I am moving this to General Visa discussion since we are comparing options rather than talking about what is needed to file a K-1 petition...

[Brother Hesekiel 2,236]

Not only is it legal, but it's the smart thing to do as you this way avoid the dreaded AOS since your wife would arrive in the US as a Green Card holder and would receive her card in the mail shortly after.

I would do a CR-1 any day over the K-1 route!

[HugaBug 0]

Thank you for the response...so as far as the CR-1 I believe it takes a little longer than the K1 to receive in hand so its saving the money and receiving the green card so much faster that adds up to the benefits? Also curious as to why AOS is dreaded?

[Anh map 2,098]

Copies of all divorce decrees are needed.

[VanessaTony 3,567]

Thank you for the response...so as far as the CR-1 I believe it takes a little longer than the K1 to receive in hand so its saving the money and receiving the green card so much faster that adds up to the benefits? Also curious as to why AOS is dreaded?

If you go the K1 route your fiance arrives in the US unable to leave the US until he has either AP or the GC, and unable to work until he has the EAD or GC.

There is nothing "dreaded" about the AOS process (except the cost of course ). It's not that hard, its just another process that you could avoid if you go the CR-1 route. For instance, assuming you get the K1 and he immediately moves to the US, you marry the day he arrives and you file AOS, 3 months later he MIGHT be able to work and he MIGHT have his greencard... but there's no guarantee it'll be that quick. You could be looking at an AOS immigration interview 3-6 months after the K1... some people find that tedious (not always an interview though).

With the CR-1 he would get a GC stamp on entry and the GC would be mailed to him. He would be able to leave the US, work (if he can find a job) and won't need to deal with immigration again until 2 years (minus 90 days) for ROC.

The K1 route is only more expensive than the CR-1 in visa processing fees. If my husband and I (then fiance) wanted to go CR-1 I would have had to either marry him quickly (and unplanned) while visiting him for the first time, or I would have had to have paid the $2K roughly for flights back to the US to marry (or him to me) and THEN filed. For us I left the US, we had discussed marriage and then we decided K1 was the route for us, the next time we saw each other in person was when I landed to stay permanently. For your situation for example, you could file for the K1 petition tomorrow (as long as you met in person less than 2 years ago). The visa would be processing and he could visit you in between, or wait and work to save until he's with you permanently. CR-1 you would be in my position, spending the funds on a flight to GET married and then filing. This could add months unless he's planning a flight really soon.

If you want to think about the AOS process more thoroughly before deciding CR-1 or K1 please have a read of the AOS thread in my signature. It talks about what docs are needed and should give you a good idea of the process. If him working isn't needed for a while, and getting him to the US sooner is your choice then K1 is for you. If you would prefer to get married (and spend your first year of married life apart) and wait longer to be together but have the financial security of him being able to work ASAP, then CR-1 is for you. Tony and I didn't mind spending more money on the K1 process. It's spread out pretty well, and he earns enough that me not having a job isn't the end of the world (but I do want to work once winter is over).

[HugaBug 0]

Wow thanks! very informative ...another thing that comes to mind I know if youre doing the K1 process chances of your other half coming for a visit is pretty good but what if you apply for CR-1? Are visits still ok while process is rolling along?

[Barbara J 115]

Little less costly, Try $850 less than K-1.

CR-1:

I-130: $420

NVC I-864: $88

NVC DS-230: $404 ($330 + $74)

Total: $912

K-1:

I-129F: $340

Consulate: $350

ADJUSTMENT OF STATUS: $1070 (I-485)

Total: $1760

I get you YuAndDan but back earlier last year it cost me

129f-455

Visa 420

Medical 260- xyray 80 - blood test 45 lol oh and police report $155 dammm

AOS- 1010

Total $2270 sheesh plus airfares OMG I spent a fortune lol but he is so worth it.

Edited January 29, 2011 by Barbara J

[VanessaTony 3,567]

Wow thanks! very informative ...another thing that comes to mind I know if youre doing the K1 process chances of your other half coming for a visit is pretty good but what if you apply for CR-1? Are visits still ok while process is rolling along?

Visits are fine whichever visa you come on. Obviously being married it's a LITTLE bit harder, but only a little bit. As long as you bring plenty of proof of staying in your home country (plus proof of filing the CR-1) you should be fine.. but there's no guarantee, never is really.

[VanessaTony 3,567]

I get you YuAndDan but back earlier last year it cost me

129f-455

Visa 420

Medical 260- xyray 80 - blood test 45 lol oh and police report $155 dammm

AOS- 1010

Total $2270 sheesh plus airfares OMG I spent a fortune lol but he is so worth it.

Yep. My medical was $400 (depend on your state ) and police cert was $131.

I agree that in terms of fees the K1 is more expensive, but when you take into account the OP would need to first fly there to get married and return to their home country, and then fly back to the US when they have their visa, the flight to get married is more likely more expensive than AOS so the CR-1 process would be more expensive if you account for that.

It's not about fees for me, it's about what's right right now. If the OP has a trip planned to the US already then going and getting married isn't a biggie because they can't cancel the flight (well sometimes you can but it's $$) If they have no trip planned then they could file K1 now and be together in 6 months.

I personally prefer the K1 as a "be together ASAP" visa. If there's time, and money is a factor (and the need to travel back to their home country ASAP) then CR-1 is the best option.