CR1 AND K1

[evelyn1140 18]

I have been checking the list of the VJ members who has been interviewed and approved, most of the petitions are K1. My question is why embassies are giving the right away to K1 in comparison with CR1? Why the CRI are denied or in administrative processing ?

[Laure&Colin 558]

There are just more K1 filers than IR1/CR1 filers on VJ.

[fancy 0]

Hi Im Canadian and my fiance is American and we will be getting married this summer and we will be filing for the I-30 (spousal visa) which is what our immigration lawyer told us to do..after that I will be allowed to work after 3 months with the proper and maybe wait out 8 months while were processing before i have to pass my interview in Montreal...But when I think of it next time I talk with our lawyer I will ask about the CR-1??

[palhaço 2]

Hi Im Canadian and my fiance is American and we will be getting married this summer and we will be filing for the I-30 (spousal visa) which is what our immigration lawyer told us to do..after that I will be allowed to work after 3 months with the proper and maybe wait out 8 months while were processing before i have to pass my interview in Montreal...But when I think of it next time I talk with our lawyer I will ask about the CR-1??

By sending in the I-130 petition, you ARE filing for a CR-1/IR-1 visa. CR-1 will be issued if you have been married for less than 2 years at the time the visa is issued, otherwise will be an IR-1.

[Laure&Colin 558]

Hi Im Canadian and my fiance is American and we will be getting married this summer and we will be filing for the I-30 (spousal visa) which is what our immigration lawyer told us to do..after that I will be allowed to work after 3 months with the proper and maybe wait out 8 months while were processing before i have to pass my interview in Montreal...But when I think of it next time I talk with our lawyer I will ask about the CR-1??

You misunderstood your lawyer. You're not gonna be allowed to reside or work in the US during the CR1 visa. If you go for the CR1 visa, you will stay in Canada until the interview in Montréal, then get your visa and move to the States. You might still visit your spouse during the process but there's no work permit involved.

On the other hand, this work permit after 3 months information makes me think that you lawyer suggested entering as a tourist and adjusting status. It is not fully legal, risky, and you wouldn't be able to get back to Canada or anywhere else outside the US for several months.

If I were you, I would dump the lawyer and start the application right after you marry this summer. You'll have enough time to study the guides on VJ and prepare everything you need to do it all by yourself. In a spousal visa case a lawyer will just take the money and not do anything useful, if they don't delay your case because they know less than VJ members...

[TimeTravel 78]

I have been checking the list of the VJ members who has been interviewed and approved, most of the petitions are K1. My question is why embassies are giving the right away to K1 in comparison with CR1? Why the CRI are denied or in administrative processing ?

That might not be true. It all depend up to country. But that can be fact that there can be alot of K-1 filler since it is easy and faster process.

In 2009, I was suggested by attorney to go with K-1 route, but I didnt feel good about K1 process in India plus I was not prepared to move to US at that time.

[together4evr 360]

K1 filers generate more money for the government.

They pay 330 dollars for the petition

then they pay another 340 at the interview

and when they come to usa and get married they have to pay another 1100 dollars

They do not require extensive background checks as often as CR1 because they will not be able to work in the usa until their AOS is done. so when they pay their 1100 and get their AOS 3-6 months later (depends on how quick they marry and file) then they can work if they get the ead card. They will get more extensive AP at the time they file AOS-i think

Money moves them thru the process quicker

they do not get AP as often either because they cannot work yet.

[Laure&Colin 558]

I don't think they get less AP, but I do think they get more denials. In "difficult" countries people often have to go the CR1 route because K1s are denied a lot. A lot of VJ members had their K1 denied, got married, and tried again with a CR1 application.

I also don't think it's easier: they have to provide the same civil documents and evidence as spousal visa applicants (birth certificates, police records, proof of bona fide relationship...), the only difference is that they bring it to the interview. The time they spend separated is a little quicker, but not so much, and when they arrive in the US, there's the whole AOS process waiting for them. Then they have to provide the same documents, again, and prove the bona fide of their relationship, again.

Originally my husband and I were thinking of applying for a K1, just because we didn't know what else we could do and the "fiancé visa" is so often advertised in the medias. I'm glad we had several friends who married foreign citizens and who were all strongly advocating for CR1. One of them even called the K1 absurd, which sounded really excessive at that time, but now I understand: K1 applicants basically go through the immigration hassle twice, once before and once after coming to the US. I wouldn't want to put myself through that!!

[LPRUS 0]

I too am glad we went the CR-1/IR-1 visa route. Much less hassle than K1 or K3.

And I agree in general people can do the marriage-based visa process on their own. VJ members are proof of that. But a possible exception is when there's a legal situation or issue that you think may affect your case and you don't know how else to deal with it save by talking to a lawyer.

[Ryan H 3,821]

Moved from IR-1/CR-1 Process & Procedures to General Immigration-Related Discussion.