Canadian in US on B2 Tourist Visa Wanting To Marry American

[sugarhips 0]

You don't have to adjust status with the CR1 - you enter the country as an LPR.

Ooooooh. Well that would save alot of money versus having to file AOS. I know it varies, but does anyone know if on average, it takes longer to process K1 or CR1?

[sugarhips 0]

Also, would it be likely to cause problems during the CR1 process because we got married while on a B2?

[Maranda 3]

So CR-1 is pretty much equal to K1 except with CR-1 you get married before going back? Sounds like they are around the same amount in fees and around the same time frame.

Exactly. That was pretty much the way I rationalized it too. That's why we decided to get married now on our own terms and plans, rather than wait for the government to give us their window of opportunity.

[Maranda 3]

Ooooooh. Well that would save alot of money versus having to file AOS. I know it varies, but does anyone know if on average, it takes longer to process K1 or CR1?

I've been checking out this link to see comparisons: http://www.visajourney.com/content/compare

Of course the timeline trends vary by country, but the general average for K1 is 7.5 months (PLUS AOS, you don't have EAD (authorization to work) upon entering the country), so more like 12 months for the total process, at a cost of $1800 (plus travel, of course). The CR process is more like 9 months total, without having to AOS later. Instant greencard in hand and ability to work immediately upon entering the country with CR-1 visa. CR cost is around $945, plus travel, according to these guides.

Again, you are allowed to get married on a B2. Having the B2 has nothing to do with the CR-1 process. Technically, you can get married in the States however you choose, on whatever visa (or lack thereof). It's what you choose to do to handle the immigration situation AFTER the marriage that matters.

[Little_My 464]

If you look under the "guide" section of VJ, you can find a very handy comparison table of the different visa options to see what the differences are in terms of fees, processing times etc. In a nut shell..

1. AOS: Both USC and foreigner in the US. You adjust your status from the current non-immigrant visa to legal permanent resident. Includes filing I-130 and I-485 concurrently. You cannot leave the US until you have an advance parole document, which takes between 70 and 90 days to receive. Same with working - you need an EAD (which now is the same card with the AP), and cannot legally work until you have that. The whole process from filing to interview and possible approval takes 4-6 months, or, if you are in the great city of New York, more like 7-10 months. Fees will run between $1,500-2,000 depending on the doctor's fee and vaccinations needed.

2. CR-1. Get married and file for the CR-1 spousal visa. Foreigner has to be abroad for the process. Takes 9-10 months, but is much cheaper than AOS or K1, and when you enter with the CR-1 visa, you will immediately become a legal permanent resident and can start working, studying, or whatever it is you want to do here. No AOS process involved.

3. K-1. Do not get married. File for a fiance visa. Foreigner has to be abroad. takes somewhere between 7-8 months on average. About the same cost as AOS. The foreign fiance then enters with the K-1 visa, and you have to get married within 90 days from when you entered. Then you still have to do the AOS process after marriage.

AOS - expensive, relatively fast, you can stay together in the US. Have to legally marry first.

CR-1 - cheaper, takes a long time, you have to be outside the US for processing. Have to legally marry first.

K-1 - expensive, takes a long time, you have to be outside the US for processing. Cannot marry before filing for K-1.

So, take your pick. But read through the Guide section first.

[ValerieA 350]

sugarhips, I'm not sure where in Canada you are from, but also take into account travel expenses for the interview for the K-1/CR-1. K-1s are done in Vancouver and Montreal, CR-1s only in Montreal.